'Admit voluntary, schedule if tries to leave': placing Mental Health Acts in the context of mental health law and human rights.

Science.gov (United States)

Wand, Anne; Wand, Timothy

2013-04-01

Most postgraduate training for clinicians in Australia and New Zealand regarding mental health legislation focuses on the relevant Mental Health Acts (MHAs) rather than the broader principles of mental health law. Key concepts include treatment in the least restrictive environment, voluntary access to mental health services, treatability, reciprocity and due process. Lack of awareness of these principles may result in a more risk-averse interpretation of MHAs, which is inconsistent with the spirit of mental health law and the promotion of human rights. The aim of this paper is to present some fundamental principles of mental health law, which are essential to proper clinical application of MHAs, and to demonstrate why they should form part of the curriculum for psychiatry training and continuing professional development for psychiatrists. A sound understanding of the principles of mental health law is essential for all clinicians who may be enacting aspects of MHAs. This provides the necessary platform to safeguard human rights and optimise the care of people with a mental illness.

RIGHT TO ACCESS INFORMATION IN DECENTRALIZED INDONESIA: A SOCIO-LEGAL INQUIRY

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Herlambang Perdana Wiratraman

2015-08-01

Full Text Available Indonesia is no longer an authoritarian country, and no longer centralized government. Decentralization processes since 1999 has changed local democratization in a wider participation. Nevertheless, the culture of openness and incorrupt have been far from the more ideal situation. Bribery, corruption and unresponsive public services have been continuously and more systematic taking place. In that context, the Government of Indonesia enacted Law No. 14 of 2008 concerning Public Information Openness (Keterbukaan Informasi Publik or called PIO Law, which is implemented since 30 April 2010. The PIO law is believed to contribute to the better decentralization processes and economic-political democratization at local level. Nevertheless, although right to access information was guaranteed by law, but it has been applied in limited process. Such situation actually gives clear evidence that decentralized Indonesia should be questioned, especially in terms of how the right to access information has been applied in a meaningful way after the enactment PIO Law in 2008 and, what the dominant problems in implementing right to access information are. This article will elaborate the norms and practices of PIO Law by using the rule of law point of view.

Protection of personality rights in civil law

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Simonović Ivana

2014-01-01

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

[Protecting the labor rights of female nurses: an introduction to relevant laws and the challenges still ahead].

Science.gov (United States)

Chiu, Hui-Ju; Cheng, Su-Fen; Lee, Ya-Ling

2015-02-01

The Gender Equality in Employment Act was enacted to protect gender equality in the workplace. Increasingly tight controls over operating costs by employers and the increasingly heavy workloads of nurses pose major challenges to the labor rights of female nurses. This article introduces the labor rights of female nurses as stated in relevant laws and regulations such as the Gender Equality in Employment Act, the Labor Standards Act, the Labor Insurance Act, Regulations on Leave-Taking for Workers, Regulations on Implementing Unpaid Parental Leave for Raising Children Pension Act, and the Employment Insurance Act. In addition, this paper introduces three judicial decisions that highlight domestic judicial practice with regard to labor rights in nursing. It is hoped that nurses may gain a better understanding of their rights and challenges from these judicial decisions. Finally, this article makes recommendations to help nurses overcome the difficulties in implementing labor rights. It is hoped that this article helps increase the general awareness among nurses of their labor rights and encourages nurses to pursue and secure their rightful labor rights from their employer.

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.

The protection of the accused in international criminal law according to the Human Rights Law Standard

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Karolina Kremens

2011-12-01

Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

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

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Merkel, Reinhard; Putzke, Holm

2013-07-01

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

Decrease in mortality rate and hospital admissions for acute myocardial infarction after the enactment of the smoking ban law in São Paulo city, Brazil.

Science.gov (United States)

Abe, Tania M O; Scholz, Jaqueline; de Masi, Eduardo; Nobre, Moacyr R C; Filho, Roberto Kalil

2017-11-01

Smoking restriction laws have spread worldwide during the last decade. Previous studies have shown a decline in the community rates of myocardial infarction after enactment of these laws. However, data are scarce about the Latin American population. In the first phase of this study, we reported the successful implementation of the law in São Paulo city, with a decrease in carbon monoxide rates in hospitality venues. To evaluate whether the 2009 implementation of a comprehensive smoking ban law in São Paulo city was associated with a reduction in rates of mortality and hospital admissions for myocardial infarction. We performed a time-series study of monthly rates of mortality and hospital admissions for acute myocardial infarction from January 2005 to December 2010. The data were derived from DATASUS, the primary public health information system available in Brazil and from Mortality Information System (SIM). Adjustments and analyses were performed using the Autoregressive Integrated Moving Average with exogenous variables (ARIMAX) method modelled by environmental variables and atmospheric pollutants to evaluate the effect of smoking ban law in mortality and hospital admission rate. We also used Interrupted Time Series Analysis (ITSA) to make a comparison between the period pre and post smoking ban law. We observed a reduction in mortality rate (-11.9% in the first 17 months after the law) and in hospital admission rate (-5.4% in the first 3 months after the law) for myocardial infarction after the implementation of the smoking ban law. Hospital admissions and mortality rate for myocardial infarction were reduced in the first months after the comprehensive smoking ban law was implemented. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

Does Customary Law Discriminate Balinese Women’s Inheritance Rights?

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Hanna Christine Ndun

2018-05-01

Full Text Available There is a stereotype with regard to the rights of the Balinese women on inheriting under the Balinese tradi-tional customary law. It is generally assumed that the law discriminates Balinese women as well as against the human rights principle of equality. This article analyzes the contemporary problems of such issue and would demonstrate the actual principles, rules and practices, including the essential concept of the rights under the Balinese traditional customary law of inheritance. This issue has been explored under a normative legal approach where the resources are primarily taken from the relevant national legal instruments and court decisions, instead of textbooks and journals. An interview has also been commenced for clarifying some aspects of the issue. This article concludes that there has been a generally misleading on viewing the Balinese customary law as discriminating women on an inheritance issue, as in fact, the law also provides rules for supporting women’s rights for inheriting. The law in a certain way has properly preserved the right of women for inheriting in which women under the law have also enjoyed rights for inheriting, especially the daughter and widow. In contrast, the Balinese men that are generally perceived as the ultimate gender enjoying privileges rights to inherit, in the practice of inheritance in the traditional community are also subject to some discrimination. The law has provided a set of rule of inheritance both for men and women where they are subject to certain equal rule and condition. The law also clarifies that both genders are enjoying equal rights on inheritance in a certain portion and situation binding under the principle of balancing between rights and obligation for each side.

State laws and the provision of family planning and abortion services in 1985.

Science.gov (United States)

Sollom, T; Donovan, P

1985-01-01

65 laws relating to fertility were enacted by the 49 state legislatures that held sessions in 1985. This was the largest enacted since 1973, and the 2nd largest total since. Some of the 1985 abortion laws are designed to protect abortion rights. Several states in the US took action to severely punish the perpetrators of violence against abortion clinics. Lesislation dealing with the delivery of family planning services was subjected to public funding restrictions in 1985. Attempts have been made recently on the federal level to prevent Title X recipients from being provided with information on abortion in their pregnancy counseling sessions. These actions are similar to some of the state laws attempting to reach the same end. Many states included funds for family planning in general appropriations bills. Differences among legislators regarding the right of minors to consent to reproductive health care have led to 2 patterns of response: 1) affirmation of the right of minors to receive family planning services on their own consent; or 2) laws mandating parental involvement in a minor's abortion decision. The most troubling aspect of the fertility related legislation endated in 1985 is the effort by a number of legislatures to attach restrictions on abortion counseling and referral to family planning appropriations bills. In 1985, state laws were enacted to regulate the disposal of fetal remains, to prohibit the use of fetal remains for commercial purposes and to impose criminal sanctions for causing the miscarriage of a fetus during a felony.

Enacting the 'mobile' in tourism studies - Unraveling research practices

DEFF Research Database (Denmark)

Jensen, Martin Trandberg

This chapter showcases how mobile methods are more than calibrated techniques awaiting application by tourism researchers, but productive in the enactment of the mobile (Law and Urry, 2004). Drawing upon recent findings deriving from a PhD course on mobility and mobile methods it reveals the conc......This chapter showcases how mobile methods are more than calibrated techniques awaiting application by tourism researchers, but productive in the enactment of the mobile (Law and Urry, 2004). Drawing upon recent findings deriving from a PhD course on mobility and mobile methods it reveals......, the engagements with methods are acknowledged to be always political and contextual, reminding us to avoid essentialist discussions regarding research methods. Finally, the chapter draws on recent fieldwork to extend developments in mobilities-oriented tourism research, by employing auto-ethnography to call...

GENDER ISSUES IN APPLICATION OF ISLAMIC LAW IN NIGERIA

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Muhammad S. Umar

2007-03-01

Full Text Available This essay explores gender issues in the contemporary application of Islamic law in the Muslim majority-states of northern Nigeria. Brief political background helps to explain the shari‘a codes enacted by the legislatures of the states, drawing largely from the classical formulations of Maliki school of Islamic law. Women were among the first to be prosecuted and sentenced to death by stoning for the offence of zina. To provide effective legal defense for the accused women, their lawyers and activists for women human rights had to argue in Islamic law before they could convince Shari‘a Courts of Appeal to overturn the sentences of death by stoning and set the women free. In the process, women activists learned a lot about the classical formulations of Maliki school of Islamic law, where they discovered the rich flexibility of Islamic thought, and that has empowered them to articulate Islamic criticisms against gender bias in the recently enacted shari‘a codes.

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

Science.gov (United States)

Pomeranz, Jennifer L

2018-01-01

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

The right to health of prisoners in international human rights law.

Science.gov (United States)

Lines, Rick

2008-01-01

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

Rape Crime, Law and Victim’s Right an Analysis from Indian Penal System

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Sindhu VIJAYA KUMAR

2010-11-01

judicialintervention on the other. The question is not whether women have right to bodily integrity as this right is already adumbrated in almost the Articles of Indian Constitution exclusively under Art 21,which guarantees the right to life and liberty to men and women both alike. But whether it is imperative to take a decisive step toward extirpating this evil and make the contemporary and furthersociety a safe place for women. The hypothetical point here is that this crime cannot be prevented only by new enactment or enlarging the law enforcing agencies because several other factors areresponsible for increase in crime, to which legal system has to intervene.

The right to be forgotten – private law enforcement

NARCIS (Netherlands)

Tjong Tjin Tai, Eric

2016-01-01

Private law enforcement of the right to be forgotten should be considered in light of the general characteristics of private law. This highlights advantages and limitations, and underlines the need to explicate the actual interests involved in the right to be forgotten. As case law and real-life

Image Right and Copyright Law in Europe: Divergences and Convergences

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Tatiana Synodinou

2014-04-01

Full Text Available This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimonial and the patrimonial attributes to one’s own image, or via the recognition of a single right with a dual nature. On the other hand, the protection granted to the right to one’s own image in the United Kingdom is piecemeal in nature, since it is based on a broad interpretation of the classic torts of breach of confidence and passing off, which fails to provide a coherent and effective legal framework for protecting the intangible asset of a person’s image, both in terms of its dignitary and its economic identity. After pinpointing the major differences in terms of protecting the right to one’s own image in Europe, the emphasis is placed on the relationship between image rights and copyright law. A classic approach considers image rights as an external limitation of copyright law, and therefore typifies the relationship between image rights and copyright law as being primarily conflictual in nature. Nonetheless, it is also possible to focus on the convergences between the right to one’s own image and copyright law, since both refer to intangible assets that combine both extra-patrimonial and patrimonial interests. In this respect, copyright law could serve as a model for the eventual creation of a European patrimonial right to one’s own image. While the idea of promoting the recognition or establishment of a new intellectual property right for protecting the economic attributes of a person’s image in EU Member States’ domestic

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

Science.gov (United States)

Tice, Terrence N.

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

Image Right and Copyright Law in Europe: Divergences and Convergences

OpenAIRE

Tatiana Synodinou

2014-01-01

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

Fundamental Rights, European Private Law, and Financial Services

NARCIS (Netherlands)

Cherednychenko, O.O.; Micklitz, H.-W.

2014-01-01

Although it seems to be undisputed today that the harmonisation of private law in the EU cannot take place without due regard for fundamental rights, many questions still exist as to how and to what extent European private law can and should be influenced by fundamental rights. This chapter aims to

EU criminal law and fundamental rights

NARCIS (Netherlands)

de Hert, Paul; Mitsilegas, V.; Bergström, M.; Konstadinides, Th.

2016-01-01

The chapter first offers a background analysis to EU fundamental rights law, recalling the historical affirmation of the protection of fundamental rights as a EU concern, and the important innovation brought about by the Lisbon Treaty (section 2) and the multiplicity of actors involved in the system

RISKS, REASONS AND RIGHTS: THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ENGLISH ABORTION LAW

Science.gov (United States)

Scott, Rosamund

2016-01-01

Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly ‘liberal’. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach. PMID:26546800

RISKS, REASONS AND RIGHTS: THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ENGLISH ABORTION LAW.

Science.gov (United States)

Scott, Rosamund

2016-01-01

Although there is no right to abort in English law but rather abortion is a crime, the lawful grounds for which are instantiated in the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990), the regulation of abortion is sometimes perceived as being fairly 'liberal'. Accordingly, the idea that aspects of English law could be criticised under the European Convention on Human Rights, with which the UK must comply following the Human Rights Act 1998, may seem unlikely. Indeed, English law is compatible with the consensus amongst contracting states that abortion should be available on maternal health grounds. However, analysis of the UK's negative obligations under Article 8 shows that section 1(1)(a) of the Act is problematic as it operates in the first trimester. Further, given the European Court of Human Rights' emphasis on the reduced margin of appreciation once a state has legalised abortion to some degree and its jurisprudence relating to a state's positive obligations, the analysis shows that, while English law may not be problematic in relation to the lack of guidelines relating to the lawful grounds for abortion, it may well be in relation to the lack of a formal system for the review of any two doctors' decision not to grant a termination. Notwithstanding the morally serious nature of the decision to abort, the analysis overall raises questions about the need for at least some degree of abortion law reform, particularly in relation to the first trimester, towards a more autonomy-focused, though time-limited, rights-based approach. © The Author 2015. Published by Oxford University Press.

Interdependence, Human Rights and Global Health Law.

Science.gov (United States)

Viens, A M

2015-12-01

The connection between health and human rights continues to play a prominent role within global health law. In particular, a number of theorists rely on the claim that there is a relation of interdependence between health and human rights. The nature and extent of this relation, however, is rarely defined, developed or defended in a conceptually robust way. This paper seeks to explore the source, scope and strength of this putative relation and what role it might play in developing a global health law framework.

Extremism, Free Speech and the Rule of Law: Evaluating the Compliance of Legislation Restricting Extremist Expressions with Article 19 ICCPR

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Amy Shepherd

2017-08-01

Full Text Available In the years since 9/11, international security discourse has heightened concerns around extremism, positioning this as the key threat that States need to address in order to prevent and combat terrorism. Politically, enactment of domestic legislation curtailing extremist expressions has been internationally authorised and encouraged and in May 2016 the United Kingdom (‘UK’, spearheading a liberal State trend towards rights-restrictive approaches to extremism, announced its intention to enact legislation imposing a range of civil sanctions on those publicly expressing extremist views. But laws such as this restrict the core democratic right to freedom of expression and so must comply with the tripartite requirements for restrictions enshrined in Article 19(3 of the International Covenant on Civil and Political Rights (‘ICCPR’ to be legitimate. Using the UK to dynamically exemplify the issues, this paper assesses the manner in which the laws curtailing extremist expressions comply with international human rights law.

[When the violation of medical confidentiality is imposed by law: Another side effect of Law N° 20.584].

Science.gov (United States)

Vega, Jorge; Quintana, María Soledad

2016-02-01

A law of rights and duties of patients was recently enacted in Chile (Law N° 20.584). When someone dies, the law allows his inheritors to have access to part or the totality of the medical record. Therefore, they may become acquainted of information that the patient gave in confidence to his physician, protected by "the medical confidentiality". The original bill included the possibility that a doctor could deny information that could cause harm to the former holder of the clinical record, but this precaution was banned by congressmen, seriously damaging the institution of "medical confidentiality", a cornerstone of the medical-patient relationship since the beginning of medicine.

Human Rights in Armed Conflicts and Constitutional Law

OpenAIRE

Antonios Maniatis

2017-01-01

The main purpose of this paper is to determine the impact of both International Humanitarian Law and anti-piracy International Law on Constitutional Law. International Law is endowed with a rich set of norms on the protection of private individuals in armed conflicts and copes with the diachronic crime of maritime piracy, which may be considered as a private war in the high seas. Constitutional Law has been traditionally geared at two generations of fundamental rights. The paper will aim at a...

The Accountability of Armed Groups under Human Rights Law

NARCIS (Netherlands)

Fortin, K.M.A.

2015-01-01

The starting point for this NWOI funded Ph.D. research is the observation that although UN accountability mechanisms are increasingly holding armed groups ‘accountable’ under human rights law, the legal basis for the responsibility of armed groups under human rights law remains controversial

A Child's Right to Be Well Born: Venereal Disease and the Eugenic Marriage Laws, 1913-1935.

Science.gov (United States)

Lombardo, Paul A

2017-01-01

An extensive literature describes the legal impact of America's eugenics movement, and the laws mandating sterilization, restriction of marriage by race, and ethnic bans on immigration. But little scholarship focuses on the laws adopted in more than 40 states that were commonly referred to as "eugenic marriage laws." Those laws conditioned marriage licenses on medical examinations and were designed to save innocent women from lives of misery, prevent stillbirth or premature death in children, and save future generations from the myriad afflictions that accompanied "venereal infection." Medical journals, legal journals, and every kind of public press outlet explained the "eugenic marriage laws" and the controversies they spawned. They were inextricably bound up in reform movements that attempted to eradicate prostitution, stamp out STIs, and reform America's sexual mores in the first third of the 20th century. This article will explain the pedigree of the eugenic marriage laws, highlight the trajectory of Wisconsin's 1913 eugenic enactment, and explore how the Wisconsin Supreme Court case upholding the law paved the way for the majority of states to regulate marriage on eugenic grounds.

Coronial law and practice: a human rights perspective.

Science.gov (United States)

Freckelton, Ian; McGregor, Simon

2014-03-01

Coronial law and practice inevitably impact upon the human rights of those affected by deaths. It is important that such rights be incorporated in how death investigations, up to and including coronial inquests, take place. This article explores the significant impact of the jurisprudence emanating from the European Court of Human Rights, as well as the application of such law by the courts of the United Kingdom and potentially in other countries. It argues that viewing the work of coroners through the lens of human rights is a constructive approach and that, although in the coronial legislation of Australia and New Zealand, many human rights, especially those of family members, and civil liberties are explicitly protected, there remain real advantages in reflecting upon compliance with human rights by death investigation procedures and decision-making.

Human rights reasoning and medical law: a sceptical essay.

Science.gov (United States)

Wall, Jesse

2015-03-01

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

Toward establishing basic rights of victims in Japan

Directory of Open Access Journals (Sweden)

Morosawa Hidemichi

2008-01-01

Full Text Available The author talks about improving victim rights in Japan and his important role in it. A period of Victims’ Renaissance in Japan began in the 1990s when the Japanese Association of Victimology and Mito Victim Assistance Cener, first non-governmental community-based integrated victim support center in Japan were established. Since May 1999 to May 2004, four laws such as “Crime Victim Protection Law”, “Child Abuse Prevention Law”, “Law for Proscribing Stalking Behavior” and so on were enacted and six laws were reformed. The word “rights of victim”, did not appear in any laws. After 2000, the National Association of Crime Victims and Surviving Families (NAVS played an important role. This Association achieved a great success in securing victims a position as the subject of rights. In June 2007, Japan changed the Criminal Procedure Law. This new law will be effective on six months after the day of promulgation. Japanese Government will promulgate it till the end of 2007. Under this new law, crime victims will be allowed to take part in criminal trials, and also make statements during trials.

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

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Vujović Dragana

2014-01-01

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

EU Law Autonomy Versus European Fundamental Rights Protection

DEFF Research Database (Denmark)

Storgaard, Louise Halleskov

2015-01-01

In the recently issued Opinion 2/13, the EU Court of Justice ruled that EU accession to the European Convention on Human Rights on the basis of the current Draft Accession Agreement would be incompatible with the EU Treaties. This article examines the impact of Opinion 2/13 on European fundamental...... rights protection. It argues that the concerns for EU law autonomy expressed in the Opinion for the most part are unwarranted and that the Court, through the use of classic constitutionalist language, seeks to position EU law as the superior European fundamental rights regime. The article furthermore...

Law in Transition Biblioessay: Globalization, Human Rights, Environment, Technology

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Michael Marien

2012-04-01

Full Text Available As globalization continues, many transformations in international and domestic laws areunderway or called for. There are too many laws and too few, too much law that is inadequateor obsolete, and too much law-breaking. This biblioessay covers some 100 recentbooks, nearly all recently published, arranged in four categories. 1 International Lawincludes six overviews/textbooks on comparative law, laws related to warfare and security,pushback against demands of globalization, and gender perspectives; 2 Human Rightsencompasses general overviews and normative visions, several books on how some statesviolate human rights, five items on how good laws can end poverty and promote prosperity,and laws regulating working conditions and health rights; 3 Environment/Resources coversgrowth of international environmental law, visions of law for a better environmental future,laws to govern genetic resources and increasingly stressed water resources, two books onprospects for climate change liability, and items on toxic hazards and problems of compliance;4 Technology, Etc. identifies eight books on global crime and the failed war on drugs,books on the response to terrorism and guarding privacy and mobility in our high-tech age,seven books on how infotech is changing law and legal processes while raising intellectualproperty questions, biomedical technologies and the law, and general views on the need forupdated laws and constitutions. In sum, this essay suggests the need for deeper and timelyanalysis of the many books on changes in law.

The Right to Freedom of Association in the Workplace: Australia's Compliance with International Human Rights Law

OpenAIRE

Hutchinson, Zoé

2010-01-01

The right to freedom of association in the workplace is a well established norm of international human rights law. However, it has traditionally received insubstantial attention within human rights scholarship. This article situates the right to freedom of association at work within human rights discourses. It looks at the status, scope and importance of the right as it has evolved in international human rights law. In so doing, a case is put that there are strong reasons for states to comply...

The rights of avoidance of third parties and 'protection laws'

International Nuclear Information System (INIS)

Gassner, E.

1981-01-01

After having given an account of the rights of avoidance of third parties and their foundation in the law the author cites an atypical example of a right of avoidance, i.e. the corporation suit in the environmental protection law in the German Laender Bremen and Hesse. The corporations can only denounce the violation of the environmental protection law. These regulations constitute the protection law, namely in favour of the interests of nature protection, i.e. public interests. It is natural that the corporation has only be concerned an independent right of conducting a case. The (altruistic) corporation suit is therefore a complaint suit aiming at administration control and not a means of an individual legal protection. (HSCH) [de

The French nuclear law

International Nuclear Information System (INIS)

Ito, Hiroshi

2013-01-01

The nuclear law had been out of the environmental law. The act on the transparency and the security of the nuclear matter was enacted in 2006 and set in the code of the environment in 2012. It means that the nuclear law is part of the environmental law and that it is advanced. I will report the French nuclear law. (author)

Iraq: Politics, Governance, and Human Rights

Science.gov (United States)

2014-09-15

devoting significant resources to that plan. On April 30, 2012, the COR enacted a law to facilitate elimination of trafficking in persons, both sexual ...human rights reports have noted continuing instances of harassment and intimidation of journalists who write about corruption and the lack of government...extradite him to the United States, but Iraq released him in November 2012 and he returned to Lebanon , despite U.S. efforts to persuade Iraq to keep

Corruption and Human Rights Law in Africa (2016 Hart Publishing, Oxford)

OpenAIRE

Willard T Mugadza

2018-01-01

This contribution reviews the book by Kolawole Olaniyan on corruption and human rights law in Africa. The book, Corruption and Human Rights Law in Africa, provides a framework for complementarity between promoting and protecting human rights and combatting corruption in Africa.

Constitutional Court's Review and the Future of Water Law in Indonesia

Directory of Open Access Journals (Sweden)

Mohamad Mova Al'Afghani

2006-06-01

Full Text Available Enactment of the Water Law in Indonesia has arises public debate. The Judicial Review of the Law by the Constitutional added to this controversy as it puts the legality of the water regime in Indonesia in a "twilight zone". This article explained the historical background of the water regime in Indonesia and its development, analyze the position of water rights and human rights to water under Indonesian Constitution, elaborates the key provisions of Indonesian water law, elaborate water law's judicial review by the Constitutional Court, analyzes the legal consequences of the review and recommend the government on the parts of the law that needs to be amended or modified. The author also discusses several important issues that needs to be weighed by governments when creating the water law's implementing regulation, including regulating several standard contract provisions between government and water investors.

[The role of law in human rights: illustrations in the field of healthcare].

Science.gov (United States)

Liendle, Marie

2012-09-01

This work gives the opportunity to search where the law stands in the question of right in the philosophical modern and contemporain reflection. This step is not neutral because to accept a confrontation betwenn law and right, is also to choose putting down the following hypothesis, law is not right, although the proposal of the juridical positivism maintains that right exists only by law, even though right, it is what complies with law. When we assume that the right equals the law, we allow to maintain that law puts down a guarantee. This assumption is totally different from the law is the right. The boarder betwen the two ideas is very thin, changing according to ideological meanings and the relationships, thus there are questions on the maining and the shape. Reflection suggestions in the health field and more particularly the ones related to the decision-making process could be drawn from the essay dealing with the understanding of the norms on the individual or on groups of individuals.

The patient's right to know--a comparative law perspective.

Science.gov (United States)

Giesen, D

1993-01-01

Since every person has the right to determine what will be done to his or her body, he or she has the right to decide whether or not to undergo medical treatment. If this decision is to be more than a pure formality, the patient needs to be fully informed of what that decision entails, and so has a right to know of the risks involved in the treatment he or she is considering. A physician has a corresponding duty to impart the information which the patient needs to enable him or her to reach such an informed decision. This article traces developments in common-law and civil law jurisdictions and considers the extent to which they protect the patient's right to know. The comparative law analysis reveals that English law has tended to fall behind both its common-law relatives and its European neighbours in the amount of protection it affords to this fundamental right because it has allowed liability to be determined by a negligence standard which treats a physician's conformity with the practice of a body of medical opinion as conclusive evidence that he or she has discharged his or her duty. The article warns of a further threat to the patient's right to make an informed decision which has arisen in other common-law jurisdictions in the guise of the so-called 'reasonable patient', whose abstract nature means that his or her presence in standard of care and causation questions brings with it an evidential void which tends to be filled by the evidence of medical experts so that a physician may, once again, be relieved from liability even though he or she has failed to disclose information that the patient before him or her needed to know for the purposes of a treatment decision. The conclusion to be drawn is that only where the standard of care is based on the needs of each patient rather than the opinion of a body of doctors, and only where the focus is kept on the actual patient rather than the hypothetical 'reasonable patient' is the patient's right to know properly

Enactments in Psychoanalysis: Therapeutic Benefits.

Science.gov (United States)

Stern, Stanley

The therapeutic benefits of enactments are addressed. Relevant literature reveals disparate conceptions about the nature and use of enactments. Clarification of the term is discussed. This analyst's theoretical and technical evolution is addressed; it is inextricably related to using enactments. How can it not be? A taxonomy of enactments is presented. The article considers that enactments may be fundamental in the evolution from orthodox to contemporary analytic technique. Assumptions underlying enactments are explored, as are guidelines for using enactments. Finally, the article posits that enactments have widened the scope of analysis and contributed to its vitality.

Promoting the Recognition and Protection of the Rights of All Migrants Using a Soft-Law International Migrants Bill of Rights

Directory of Open Access Journals (Sweden)

Ian M. Kysel

2016-06-01

Full Text Available The rights and movement of people crossing international borders remain inadequately governed and incompletely protected by a fragmented patchwork of institutions and norms. In recent years, debates regarding migration law and practice globally have been focused on subcategories of migrants, such as refugees, or on particular migration contexts, such as migration as a result of crisis or climate change. In response, a transnational initiative housed at the Georgetown University Law Center has drafted a soft-law bill of rights — the International Migrants Bill of Rights (IMBR — that seeks to elaborate the law protecting all migrants, regardless of the cause of their movement across an international border. The bill draws its content from human rights, refugee, and labor law, among other areas, and is drafted to be a comprehensive and declarative tool that articulates a core set of rights to protect migrants and to apply in the migration context.This article articulates how such a tool could be used to promote the recognition and protection of the rights of all migrants, in law and in practice. It argues that a soft-law bill of rights could be leveraged to fill significant gaps and promote an improved normative and institutional infrastructure that better protects all migrants worldwide. Section I provides a brief overview of the gap that a soft-law bill of rights can address. Section II provides a brief overview of the history and content of the bill of rights and IMBR Initiative. Section III describes, specifically, how making use of a soft-law bill of rights stands to improve the recognition and protection of fundamental rights that protect all migrants — and how soft law can help fill specific protection gaps.

THE LAW ON EDUCATION OF 2012 AND DEVELOPMENT OF EDUCATIONAL LAW IN RUSSIA

OpenAIRE

KOZYRIN A.N.; TROSHKINA TATYANA

2017-01-01

In September 2013 Russia enacted a new law on education which introduced significant changes into the system of sources for Russian educational law. This article analyses the provisions of the education law that pertain to sources of educational law in the Russian Federation, the relationship between different levels of normative and legal regulation, including: international, national (federal laws and by-laws, legal regulation of relations in education at the regional and municipal levels i...

Battle Brewing Over Arkansas Creationism Law.

Science.gov (United States)

Baum, Rudy

1981-01-01

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

A Study on the Future Issues Regarding the Small Home Appliance Recycling Law -Based on Comparison with the Other Recycling-Related Laws-

OpenAIRE

小林, 寛

2014-01-01

The Small Home Appliance Recycling Law was enacted in August 2012 and took effect in April 2013 for the purpose of collecting and recycling valuable metals included in used small home appliances such as mobile phones. This Law serves as a promotion scheme, which encourages parties concerned to join the system on a voluntary basis and implements recycling based on the current situation in each region under the cooperation among parties, unlike the Home Appliance Recycling Law enacted in 1998 t...

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

Directory of Open Access Journals (Sweden)

- Junaedi

2014-10-01

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

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

Science.gov (United States)

Adams, Eric M

2016-06-01

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

Traffic tech: Examination of changes to the motorcycle law in Puerto Rico.

Science.gov (United States)

2017-04-01

Puerto Rico enacted a comprehensive motorcycle safety law in 2007 to address the rise in fatal motorcycle crashes. Prior to the enactment of the law, the popularity of motorcycle riding increased rapidly from 47,920 registrations in 2000, to 89,379 i...

Should the Red Dragon arise? Assessing China's options vis-à-vis the enactment of a domestic space resources utilization law

Science.gov (United States)

Hao, L.; Tronchetti, F.

2017-05-01

The past couple of years have witnesses one of the most exciting, yet controversial, developments in the field of space law, namely the adoption of domestic laws authorizing the (private) appropriation and utilization of outer space resources. Even though the technology to effectively mine resources in outer space is still under development countries like the United States and Luxembourg have taken this legislative step as a mean to promote the growth of a domestic private space mining sector. The enactment of national space resources utilization laws has generated extensive interest both within academic circles and official fora, such as the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). In this context, several countries have expressed their opinion about these initiatives, by often criticizing their legality vis-a-vis international space law. Despite this remarkable level of interest there is a country that throughout this process has maintained a low profile, namely China. Indeed, China has neither reacted to the US and Luxembourgish moves nor has officially commented on the lawfulness of domestic space mining laws. This conduct is particularly relevant not only in the light of the growing importance of the Chinese space program but also if one considers that China is the country most involved in the exploration and study of celestial bodies and their resources, particularly the Moon. For this reasons it would have been legitimate to expect China to have a more engaged behavior. However, China has acted otherwise. It seems thus worth evaluating whether China should maintain this 'wait and see' approach or should instead switch towards a more assertive position, both internationally and domestically, especially one which includes the adoption of a space resources utilization act.

The immunity of states and their officials in international criminal law and international human rights law

NARCIS (Netherlands)

van Alebeek, R.

2008-01-01

* Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

Theorizing Time in Abortion Law and Human Rights.

Science.gov (United States)

Erdman, Joanna N

2017-06-01

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

Law, autonomy and advance directives.

Science.gov (United States)

Willmott, Lindy; White, Ben; Mathews, Ben

2010-12-01

The principle of autonomy underpins legal regulation of advance directives that refuse life-sustaining medical treatment. The primacy of autonomy in this domain is recognised expressly in the case law, through judicial pronouncement, and implicitly in most Australian jurisdictions, through enactment into statute of the right to make an advance directive. This article seeks to justify autonomy as an appropriate principle for regulating advance directives and relies on three arguments: the necessity of autonomy in a liberal democracy; the primacy of autonomy in medical ethics discourse; and the uncontested importance of autonomy in the law on contemporaneous refusal of medical treatment. This article also responds to key criticisms that autonomy is not an appropriate organising principle to underpin legal regulation of advance directives.

The ethical plausibility of the 'Right To Try' laws.

Science.gov (United States)

Carrieri, D; Peccatori, F A; Boniolo, G

2018-02-01

'Right To Try' (RTT) laws originated in the USA to allow terminally ill patients to request access to early stage experimental medical products directly from the producer, removing the oversight and approval of the Food and Drug Administration. These laws have received significant media attention and almost equally unanimous criticism by the bioethics, clinical and scientific communities. They touch indeed on complex issues such as the conflict between individual and public interest, and the public understanding of medical research and its regulation. The increased awareness around RTT laws means that healthcare providers directly involved in the management of patients with life-threatening conditions such as cancer, infective, or neurologic conditions will deal more frequently with patients' requests of access to experimental medical products. This paper aims to assess the ethical plausibility of the RTT laws, and to suggest some possible ethical tools and considerations to address the main issues they touch. Copyright © 2017 Elsevier B.V. All rights reserved.

Identifying a Human Right to Access Sustainable Energy Services in International Human Rights Law (SDG 7)? (LRN Law and Sustainability Conference)

NARCIS (Netherlands)

Hesselman, Marlies

2017-01-01

This paper assessed whether a right to sustainable energy services access can be found in international human rights law, possibly in support of achieving UN Sustainable Development Goal 7. According to SDG 7.1, States are expected to strive for the implementation of "universal access to modern,

THE CONTEMPORARY INTERNATIONAL LAW. A RELATION BETWEEN HUMAN RIGHTS AND THE INTERNATIONAL HUMANITARIAN LAW

Directory of Open Access Journals (Sweden)

JEANNETTE IRIGOIN BARRENE

2018-01-01

Full Text Available During an armed conflict, a change in the application of the human right regulations and international humanitarian law can be observed in the practice of contemporary international law. It is possible to observe at UN and International Courts’ levels an interesting trend in the sense of considering the application of both systems simultaneously in cases of international crisis as well as in internal conflicts. This innovation in contemporary international law can be observed initially in the change experimented by the legislation of the Human Rights’ European Court and specially and clearer in the Human Rights’ Inter American Court, which in cases against Honduras, Colombia, Paraguay and other countries, states that the State, being warrantor of the efficient protection of civil population, must apply and honor not only the Human Rights’ American Convention, but also the articles 13th and 14th of the II protocol of the Geneva Conventions of 1949. The convergence of both branches of the Law, and its application may help to achieve a better defense and efficiency of the fundamental rights of the human being.

Women's Rights and Living Customary Law | CRDI - Centre de ...

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

This action-research project focuses on the interface between custom and rights in the context of a constitution that recognizes and protects both customary law and the Bill of Rights. It will explore how this interplay affects the rights - particularly land rights - of black women living in former "homeland areas" of South Africa.

Involuntary detention and treatment of the mentally ill: China's 2012 Mental Health Law.

Science.gov (United States)

Ding, Chunyan

2014-01-01

The long-awaited Mental Health Law of China was passed on 26 October 2012 and took effect on 1 May 2013. Being the first national legislation on mental health, it establishes a basic legal framework to regulate mental health practice and recognizes the fundamental rights of persons with mental disorders. This article focuses on the system of involuntary detention and treatment of the mentally ill under the new law, which is expected to prevent the so-called "Being misidentified as mentally disordered" cases in China. A systematic examination of the new system demonstrates that the Mental Health Law of China implicitly holds two problematic assumptions and does not provide adequate protection of the fundamental rights of the involuntary patients. Administrative enactments and further national legislative efforts are needed to remedy these flaws in the new law. Copyright © 2014 Elsevier Ltd. All rights reserved.

Radiation protection laws in the Nordic countries

International Nuclear Information System (INIS)

Persson, Lars

1991-01-01

Sweden has since 1988 a totally revised radiation protection law and Finland has recently enacted a new law. The legal situation of the Nordic countries in the radiation protection field is reviewed with the main emphasis on the Swedish law. (author)

Medicine, law and human rights - a symbiotic relationship.

Science.gov (United States)

Tupanceski, Nikola; Kiprijanovska, Dragana

2014-04-01

Law and medicine are separate professions, and attorneys and physicians often see their professions in conflict. There are, however, more similarities than differences between the two professions. And there are areas of mutual concern and overlap that demand the application of both legal and medical knowledge for the good of the society. In the new categorical system of values, which is substantially influenced by the so-called modern or aggressive medicine, clever physicians, researchers, and technicians discover newer and better ways to do things. Often, what science and technology make possible soon becomes permissible and, eventually, normal and expected. Given the rapid advances in technology and medical technology in particular, it is clear that without the reasonable restraints imposed by philosophical but also, legal critique, medicine and its practitioners may unintentionally convert science and medical method into a muddled philosophy of human life'. Against this background, this paper will handle the questions posed by the extent and protection of human rights and freedoms in terms of application of new biomedical techniques and technologies of treatment toward the development of International human rights law. It also discusses the compatibility of domestic medical law with the normative system of international human rights.

Hugo Grotius, Privileges, Fundamental Laws and Rights

NARCIS (Netherlands)

van Nifterik, G.

2011-01-01

As a result of the political developments in the young and struggling Dutch Republic, Grotius experienced the lack of, and the need for juridical protection of some basic rights against infringements by the government. The privileges, taken for fundamental laws, did not provide this protection

Natural law theory and its implications for human rights in Nigeria ...

African Journals Online (AJOL)

The work attributed the problem of human right violations in Nigeria to illiteracy, disregard for the rule of law, corruption, as well as the erroneous mindset that supposes that what is lawful is not necessarily moral. The work also argued that the latter mindset has culminated in some, thinking that human rights should mean ...

You told me, Right? - Free and Informed Consent in European Patent Law

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen; Hellstadius, Åsa

2017-01-01

rules should be understood in the light of the development in health law and fundamental rights law where FIC has long been a central concept which is e.g. recognized in the EU’s Charter on Fundamental Rights. Against that basis, we suggest that patent law and patent practices have so far not fully......-compliance would amount to not only a violation of legal rules but also amount to a serious violation of principles of ordre public or morality in line with current patent law standards....

Negotiating Custody Rights in Islamic Family Law

NARCIS (Netherlands)

N.Y. Shehada (Nahda)

2009-01-01

textabstractIntroduction The following examines the application of Islamic family law with regard to custody and custody rights in the Gaza city sharī‘a courts.1 Four objectives are pursued in the paper. First, it identifies areas of gender asymmetry in the legal code, which distinguishes

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

African Journals Online (AJOL)

RAYAN_

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

International criminal tribunals and human rights law: Adherence and contextualization

NARCIS (Netherlands)

Zeegers, K.J.

2015-01-01

Given their mandate to prosecute persons responsible for the most atrocious of human rights violations, International Criminal Tribunals (ICTs) are generally hailed as welcome enforcers of international human rights law: a new instrument in the toolkit of human rights protectors. However, ICTs

Minors' rights to consent to treatment: navigating the complexity of State laws.

Science.gov (United States)

Vukadinovich, David M

2004-01-01

State laws recognize that a competent adult patient has the right to consent to or refuse medical treatment. While the law is clear with regard to the right of competent adults, state statutes are more complicated when the patient is a minor. While the law should, and does, attempt to balance the rights and obligations of parents and guardians against the access and privacy rights of minors, complicated state statutory schemes often fail to simultaneously address those contrasting goals in a consistent and uniform manner. The result is a confusing set of seemingly arbitrary and sometimes conflicting provisions that require the detailed attention of healthcare providers to ensure legal compliance. With the aim of helping healthcare practitioners meet their legal obligations, this Article examines state laws governing minor's consent rights byfocusing on the instances in which a minor's parent, guardian, or other authorized adult is permitted to consent to treatment on behalf of a minor and the instances in which a minor is authorized to act independent of adult intervention.

Bodies of science and law: forensic DNA profiling, biological bodies, and biopower.

Science.gov (United States)

Toom, Victor

2012-01-01

How is jurisdiction transferred from an individual's biological body to agents of power such as the police, public prosecutors, and the judiciary, and what happens to these biological bodies when transformed from private into public objects? These questions are examined by analysing bodies situated at the intersection of science and law. More specifically, the transformation of ‘private bodies’ into ‘public bodies’ is analysed by going into the details of forensic DNA profiling in the Dutch jurisdiction. It will be argued that various ‘forensic genetic practices’ enact different forensic genetic bodies'. These enacted forensic genetic bodies are connected with various infringements of civil rights, which become articulated in exploring these forensic genetic bodies’‘normative registers’.

CONSIDERATIONS REGARDING THE INTEGRATION OF FUNDAMENTAL HUMAN RIGHTS IN THE SYSTEM OF NATURAL LAW

OpenAIRE

Claudiu Ramon D. Butculescu

2016-01-01

This article studies the relationships and interactions between fundamental human rights and natural law school. The objectives of this paper are circumscribed to the way fundamental human rights, by their nature, can be integrated within the doctrine of natural law or to the contrary, may be related to various branches of legal positivism. In specialized literature, it was pointed out that fundamental human rights constitute genuine natural rights which have the same natural law ...

Indigenous Health and Human Rights: A Reflection on Law and Culture

Science.gov (United States)

Mazel, Odette

2018-01-01

In Australia, Aboriginal and Torres Strait Islander peoples bear a greater burden of disease and have lower life expectancy than their non-Indigenous counterparts. These combined indicators are evidence of an entrenched health crisis in the Indigenous population that is linked to systemic disadvantage over many decades. In an effort to improve life expectancy and lessen the burden of disease, a number of strategies and national frameworks now embed a human rights-based approach to achieving health equality. This paper explores the application of human rights to Indigenous health and examines the inherent tensions that exist in engaging a system of law based on universal assumptions of the Enlightenment to advance Indigenous rights. What becomes apparent through this exploration is that the strategic approach of Indigenous peoples’ use of human rights, despite its genesis in a system of law that justified colonisation, has opened up opportunities to reframe fixed ideas of law and culture. PMID:29670026

Indigenous Health and Human Rights: A Reflection on Law and Culture.

Science.gov (United States)

Mazel, Odette

2018-04-18

In Australia, Aboriginal and Torres Strait Islander peoples bear a greater burden of disease and have lower life expectancy than their non-Indigenous counterparts. These combined indicators are evidence of an entrenched health crisis in the Indigenous population that is linked to systemic disadvantage over many decades. In an effort to improve life expectancy and lessen the burden of disease, a number of strategies and national frameworks now embed a human rights-based approach to achieving health equality. This paper explores the application of human rights to Indigenous health and examines the inherent tensions that exist in engaging a system of law based on universal assumptions of the Enlightenment to advance Indigenous rights. What becomes apparent through this exploration is that the strategic approach of Indigenous peoples’ use of human rights, despite its genesis in a system of law that justified colonisation, has opened up opportunities to reframe fixed ideas of law and culture.

Re-enactment of power economy legislation failed

International Nuclear Information System (INIS)

Heller, W.

2002-01-01

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

Contract law as fairness: a Rawlsian perspective on the position of SMEs in European contract law

NARCIS (Netherlands)

Klijnsma, J.G.

2014-01-01

European Contract Law is still very much in development. So far, only piecemeal legislation on contract law has been enacted on a European level. Accordingly, many of the questions concerning which rules to decide on are still up for debate. One such debate concerns weaker party protection and more

The reception of Roman law in the Romano-Germanic legal family rights: the case of French law

OpenAIRE

André Olavo Leite

2017-01-01

The Romano-Germanic family of legal systems, also known as the family of civil law, comprehends the group of legal systems that traditionally trace their roots up to the Roman law and the Justinian codifications, and that identify themselves as heirs of several of its characteristics. This paper analyses the example of French law, in order to draw on the permanence of Roman law in the contemporary legal systems of the Romano-Germanic family of rights and to show that its reception in those le...

[Recent case law about the right to die].

Science.gov (United States)

Bascuñán R, Antonio

2016-04-01

This paper reviews the sentences dictated between 1993 and 2002 by the Supreme Courts of Canada and the Unites States, the House of Lords and Supreme Court of the United Kingdom and the European Human Rights Court, about the validity of the legal prohibition of assistance for suicide. These sentences constituted a judicial consensus about the right to die. This consensus recognized the legal right of patients to reject medical treatments but did not recognize the right to be assisted by a physician to commit suicide. This exclusion is changing in the recent case law of Canada and the United Kingdom, which accepts the fundamental right of terminal patients to medically assisted suicide.

The Rights of Pastoralist Peoples. A Framework for their Recognition in International Law

Directory of Open Access Journals (Sweden)

Miguel Ángel Martín López

2016-06-01

Full Text Available Pastoralists are one of the most poverty stricken and underdeveloped existing human groups in the world. Until now, having remained practically invisible in the eyes of international law, it is desirable to open a debate concerning the recognition of their rights. The ideal situation would be to create a specific category of rights dedicated expressly to these pastoralist peoples. Therefore, one can surmise that there are two laws that constitute its essential content: the law protecting their way of life and their access rights to the land

Enacting relationships in marriage and family therapy: a conceptual and operational definition of an enactment.

Science.gov (United States)

Davis, Sean D; Butler, Mark H

2004-07-01

Enactments are a potential common clinical process factor contributing to positive outcomes in many relational therapies. Enactments provide therapists a medium for mediating relationships through simultaneous experiential intervention and change at multiple levels of relationships--including specific relationship disagreements and problems, interaction process surrounding these issues, and underlying emotions and attachment issues confounded with those problems. We propose a model of enactments in marriage and family therapy, consisting of three components--initiation operations, intervention operations, and evaluation operations. We offer a conceptual framework to help clinicians know when and to what purpose to use this model of enactments. We provide an operational description of each component of an enactment, exemplifying them using a hypothetical clinical vignette. Directions for future research are suggested.

From Right to Sin: Laws on Infanticide in Antiquity.

Science.gov (United States)

Obladen, Michael

2016-01-01

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

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

Science.gov (United States)

Lynch, Patrick D.

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

Bridging international law and rights-based litigation: mapping health-related rights through the development of the Global Health and Human Rights Database.

Science.gov (United States)

Meier, Benjamin Mason; Cabrera, Oscar A; Ayala, Ana; Gostin, Lawrence O

2012-06-15

The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes. Copyright © 2012 Meier, Nygren

Protecting the human right to freedom of expression in international law.

Science.gov (United States)

Howie, Emily

2018-02-01

Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all of the relevant international human rights treaties. In international law, freedom to express opinions and ideas is considered essential at both an individual level, insofar as it contributes to the full development of a person, and being a foundation stone of democratic society. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. However, there is a clear and worrying global trend, including in western democracies, of governments limiting vibrant discussion and debate within civil society and among civil society, political leaders and government. Two examples illustrate this trend. First, anti-protest laws in Australia and the United States threaten the ability of people to stand together and express views on issues they care deeply about. Secondly, metadata retention laws jeopardise press freedom by undermining the confidentiality of journalists' sources and dissuading people from speaking freely on matters of public importance.

The Application of Human Rights Law to Everyday Life under Rebel Control

NARCIS (Netherlands)

Fortin, K.M.A.

2016-01-01

This article draws upon social science literature to offer a new assessment of the normative value of human rights law vis-à-vis international humanitarian law in territory under armed groups’ control. In particular, the article considers how the two bodies of law can be applied in a complementary

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.

25 CFR 170.913 - Do tribal-specific employment rights and contract preference laws apply?

Science.gov (United States)

2010-04-01

... Indian Preference § 170.913 Do tribal-specific employment rights and contract preference laws apply? Yes... tribe within the consortium, the benefitting tribe's employment rights and contracting preference laws... 25 Indians 1 2010-04-01 2010-04-01 false Do tribal-specific employment rights and contract...

The Role of International Human Rights Norms in the Liberalization of Abortion Laws Globally

Science.gov (United States)

Fine, Johanna B.; Mayall, Katherine; Sepúlveda, Lilian

2017-01-01

Abstract International and regional human rights norms have evolved significantly to recognize that the denial of abortion care in a range of circumstances violates women’s and girls’ fundamental human rights. These increasingly progressive standards have played a critical role in transforming national-level abortion laws by both influencing domestic high court decisions on abortion and serving as a critical resource in advancing law and policy reform. Courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases liberalizing abortion laws and increasing women’s access to safe abortion services, demonstrating the influence of these human rights standards in advancing women’s reproductive freedom. These norms have also underpinned national-level abortion law and policy reform, including in countries such as Spain, Rwanda, Uruguay, and Peru. As these human rights norms further evolve and increasingly recognize abortion as a human rights imperative, these standards have the potential to bolster transformative jurisprudence and law and policy reform advancing women’s and girls’ full reproductive autonomy. PMID:28630542

Problems of the Renewable Energy Law of 2014 with respect to constitutional and EU law

International Nuclear Information System (INIS)

Ekardt, Felix; Rostock Univ.

2014-01-01

The 2014 amendment to the Renewable Energy Law (EEG) which is currently in the process of enactment aims to limit the scope of what has been one of the most successful climate protection instruments in the history of German law. In essence this instrument has established an obligation of acceptance of and remuneration for electricity generated from renewable resources. The present article analyses the most important regulatory objects of the 2014 EEG for their compatibility with German constitutional law as well as primary and secondary EU law.

Barcelona 2002: law, ethics, and human rights. Using the law to improve access to treatments.

Science.gov (United States)

Elliott, Richard; Parmar, Sharan; Divan, Vivek; Berger, Jonathan

2002-12-01

The XIII International AIDS Conference in Durban, South Africa in July 2000 focused worldwide attention on the problem of accessing treatments in developing countries. In the interim, thanks to the work of activists - from demonstrations to court cases, and from acts of public courage by people living with HIV/AIDS to ongoing lobbying of politicians and trade negotiators - some very significant developments have occurred. But the reality is that the vast majority of people living with HIV/AIDS still lack access to affordable, quality medicines. This article, a summary of a paper presented at "Putting Third First: Vaccines, Access to Treatments and the Law," a satellite meeting held at Barcelona on 5 July 2002 and organized by the Canadian HIV/AIDS Legal Network, the AIDS Law Project, South Africa, and the Lawyers Collective HIV/AIDS Unit, India, explores three approaches for improving access. In the first part, Richard Elliott provides an overview of the state of the right to health as embodied in international human rights law; comments on the experience to date in litigating claims to the right to health; and identifies potential strategies activists can adopt to advance recognition of the right to health. In the second part, Sharan Parmar and Vivek Divan describe price-control and drug-financing mechanisms used by industrialized countries to increase the affordability of medicines; and discuss how some of these mechanisms could be adapted for use in developing countries. Finally, Jonathan Berger describes the use of litigation in the courts by the Treatment Action Campaign in South Africa.

77 FR 35199 - Swap Data Recordkeeping and Reporting Requirements: Pre-Enactment and Transition Swaps

Science.gov (United States)

2012-06-12

.... Summary of the Proposed Part 46 Rule 1. Fundamental Goals 2. Historical Swap Recordkeeping 3. Historical... Consumer Protection Act, Public Law 111-203, 124 Stat. 1376 (2010). The text of the Dodd- Frank Act may be...-enactment swaps and transition swaps as ``historical swaps.'' \\16\\ Subsection (A) of CEA Section 2(h)(5...

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

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-01-01

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

Colombia’s Victims Law and the Liability of Corporations for Human Rights Violations

Directory of Open Access Journals (Sweden)

Lina M. Céspedes-Báez

2012-06-01

Full Text Available In 2011, after four years of lobbying and political wrangling,Colombia approved Law 1448, commonly knownas the Victims Law. Its aims are broad: to be the comprehensivebody of law to address civilian populationclaims related to the armed conflict, and therefore toinclude the necessary legal reforms to restore the rule oflaw through the enforcement of victims’ rights. Currently,government, civil society and scholars are focused on themajor issues of the Law, specifically land restitution andassistance for victims. However, this new body of Law,with its 208 provisions, is broader than that, and a closereview of its articles is urgently needed. One little-studiedand apparently forgotten provision is Article 46, whichappears to put in place a specific directive to enhancethe prosecution of juridical persons for violations ofhuman rights and international humanitarian law inthe context of the Colombian armed conflict. However,a thorough analysis of its wording and history revealsthat Article 46 is incapable of establishing links betweenbusinesses and human rights and humanitarian lawviolations in Colombia. This article specifically examines the scope and shortcomings of Article 46, and sets forth some possible solutionsthat require further investigation to fill the lacuna that already exist in the countryin this subject.

  Exhaustion of Rights and Common Principles of European Intellectual Property Law

DEFF Research Database (Denmark)

Schovsbo, Jens Hemmingsen

2010-01-01

of Market Integration. On the basis of case law on the concept of "consent" from the Trade Marks-Directive a Common Principle is then established. According to this, the legal framework for understanding the exhaustion rules is IPR and not national contract law. The Principle would seem to have horizontal......This article discusses whether or not Common Principles exist in EU law regarding exhaustion of rights ("first sale"). Traditionally, the law of the EU-countries conceptualized exhaustion in two different ways: Either "Contract" (e.g. UK law) or "Principle of exhaustion" (e.g. German law).  Whereas...

Breakout Session: International Treaties, Copyright Law, and the Future of the U.S.A. Presented by Kenneth D. Crews, attorney, Gipson Hoffman and Pancione.

Directory of Open Access Journals (Sweden)

Posie Aagaard

2018-02-01

Full Text Available Nearly every nation in the world enacts laws that explicitly govern domestic copyright, dictating rights reserved for authors and specifying other important legal terms. Both geographical borders and the less well-defined borders of the internet affect determinations of copyright. On a global scale, nations enact international copyright treaties to achieve harmonization of certain aspects of copyright law that would otherwise create challenges or conflicts in enforcement of policies between individual nations. However, member nations may need to adjust domestic laws to bring them into alignment with the terms of the international treaties. International law expert Dr. Kenneth Crews discussed the evolution of copyright law and described how precedents set by some nations historically influenced geographic and sociopolitical peers. He also discussed how existing international copyright treaties address issues that continue to reveal weaknesses or compelling needs that cannot easily be served through existing copyright law. Lastly, Dr. Crews provided an update on the landmark 2013 Marrakesh VIP Treaty, which establishes special copyright provisions to accommodate individuals with print disabilities, and reported on his work commissioned by WIPO to study the status of copyright law exceptions in nations around the world.

Immigrant Rights in Iran and Canada and International Law

Directory of Open Access Journals (Sweden)

Forouzan Lotfi

2017-09-01

Full Text Available After World War II, migration, particularly in the post-Cold War became a global challenge. Today, there are 191 million migrants around the world that constitutes 3 percent of the world's total population. And it is a fact that has various social, economic, humanitarian, political and especially juridical dimensions and effects at the international level as an international issue. National Immigration Law is a part of the legal system governing the strangers in the host state whose provisions are determined by the domestic legal system of the recent state. Although the standards of international law are intended to govern migration, but in this case, however, the regulation of the source government is ineffective. Unless there are specific treaty arrangements while global recruits in the field of migration are specifically impossible and regional multilateral treaties can only be cited. This article tries to review and analyze the immigrant rights in Iran as a source country and Canada as a host country with their own different rights regarding the immigrants by a descriptive - analytical approach. Because of tangible vacuum in the literature of international law and the need to explore other sources of international law, according to the first paragraph of Article 38 of the Statute of the International Court of Justice, on the one hand and the necessity of this article in Iran as a transit country for migration and particularly to Canada on the other hand, conducting this research is of great importance.

Impact of E-Cigarette Minimum Legal Sale Age Laws on Current Cigarette Smoking.

Science.gov (United States)

Dutra, Lauren M; Glantz, Stanton A; Arrazola, René A; King, Brian A

2018-05-01

The purpose of this study was to use individual-level data to examine the relationship between e-cigarette minimum legal sale age (MLSA) laws and cigarette smoking among U.S. adolescents, adjusting for e-cigarette use. In 2016 and 2017, we regressed (logistic) current (past 30-day) cigarette smoking (from 2009-2014 National Youth Tobacco Surveys [NYTS]) on lagged (laws enacted each year counted for the following year) and unlagged (laws enacted January-June counted for that year) state e-cigarette MLSA laws prohibiting sales to youth aged e-cigarette and other tobacco use, sex, race/ethnicity, and age) and state-level (smoke-free laws, cigarette taxes, medical marijuana legalization, income, and unemployment) covariates. Cigarette smoking was not significantly associated with lagged MLSA laws after adjusting for year (odds ratio [OR] = .87, 95% confidence interval [CI]: .73-1.03; p = .10) and covariates (OR = .85, .69-1.03; p = .10). Unlagged laws were significantly and negatively associated with cigarette smoking (OR = .84, .71-.98, p = .02), but not after adjusting for covariates (OR = .84, .70-1.01, p = .07). E-cigarette and other tobacco use, sex, race/ethnicity, age, and smoke-free laws were associated with cigarette smoking (p e-cigarette use and other tobacco use yielded a significant negative association between e-cigarette MLSA laws and cigarette smoking (lagged: OR = .78, .64-.93, p = .01; unlagged: OR = .80, .68-.95, p = .01). After adjusting for covariates, state e-cigarette MLSA laws did not affect youth cigarette smoking. Unadjusted for e-cigarette and other tobacco use, these laws were associated with lower cigarette smoking. Copyright © 2017 The Society for Adolescent Health and Medicine. All rights reserved.

Girl child: her rights and law.

Science.gov (United States)

Gokhale, S D

1995-01-01

This article points out the disparity between India's laws to protect female children and their actual living conditions. It is asserted that the role of women needs to be strengthened and that equal rights are executed to the advantage of children. Equality must come at the very beginning of life. Girl children need access to health, nutrition, education, and other basic services. In India, girls are guaranteed an equal right to education, but fewer girls are enrolled in primary school, and very few girls go on to secondary schools. There is no enforcement of compulsory laws, which particularly disadvantage girls from poor families. Girls marry below the legal minimum age. Early childbearing shortens women's life expectancy and adversely affects their health, nutrition, education, and employment opportunities. Prevention of early child marriage should be strictly enforced. Amniocentesis is performed in order to determine the sex of the child and abort female fetuses. The Juvenile Justice Act of 1986 includes special provisions for the protection, treatment, and rehabilitation of girls under 18 years old and of boys younger than 16. This act protects girls trapped in brothels for child prostitution and protects any person engaged in an immoral, drunken, or depraved life. Juvenile Welfare Boards address the problem of neglected girls and offer special protective homes and supervision by probation officers. The act needs to strengthen noninstitutional services, such as sponsorship, family assistance, foster care, and adoption. Girl children grow to womanhood. Effective social development in childhood reaps rewards in adulthood.

Shareholders rights and remedies (comparative law perspective

Directory of Open Access Journals (Sweden)

Yuliya Lapina

2016-11-01

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

31 CFR 354.2 - Law governing rights and obligations of Federal Reserve Banks, and Sallie Mae; rights of any...

Science.gov (United States)

2010-07-01

... on the books of a Federal Reserve Bank pursuant to § 354.4(c)(1), is governed by the law (not... recorded on the books of a Federal Reserve Bank pursuant to § 354.14(c)(1), is governed by the law... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Law governing rights and obligations...

Medicine and abortion law: complicating the reforming profession.

Science.gov (United States)

McGuinness, Sheelagh; Thomson, Michael

2015-01-01

The complicated intra-professional rivalries that have contributed to the current contours of abortion law and service provision have been subject to limited academic engagement. In this article, we address this gap. We examine how the competing interests of different specialisms played out in abortion law reform from the early twentieth-century, through to the enactment of the Abortion Act 1967, and the formation of the structures of abortion provision in the early 1970s. We demonstrate how professional interests significantly shaped the landscape of abortion law in England, Scotland, and Wales. Our analysis addresses two distinct and yet related fields where professional interests were negotiated or asserted in the journey to law reform. Both debates align with earlier analysis that has linked abortion law reform with the market development of the medical profession. We argue that these two axes of debate, both dominated by professional interests, interacted to help shape law's treatment of abortion, and continue to influence the provision of abortion services today. © The Author [2015]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

CONSIDERATIONS REGARDING THE INTEGRATION OF FUNDAMENTAL HUMAN RIGHTS IN THE SYSTEM OF NATURAL LAW

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. Butculescu

2016-11-01

Full Text Available This article studies the relationships and interactions between fundamental human rights and natural law school. The objectives of this paper are circumscribed to the way fundamental human rights, by their nature, can be integrated within the doctrine of natural law or to the contrary, may be related to various branches of legal positivism. In specialized literature, it was pointed out that fundamental human rights constitute genuine natural rights which have the same natural law recognized attributes: immutability, non-alienable nature et. al. However, in the context of contemporary changes within the European Union, generated by cultural differences which are becoming ever more significant, the question rises of whether those rights are in fact a creation of legal positivism. Within the paperthere are several doctrine opinions described, as well as some arguments for reconsidering the placement of fundamental rights within the sphere of legal positivism. Using the comparative method, the study analyzes the common points and the points of divergence between fundamental rights and the doctrines of natural law and legal positivism, seen through the prism of the general theory of systems, legal culture, legal colonialism and legal ethnocentrism.

A Comprehensive Review of State Laws Governing Internet and Other Delivery Sales of Cigarettes in the USA

Science.gov (United States)

Chriqui, Jamie F.; Ribisl, Kurt M.; Wallace, Raedell M.; Williams, Rebecca S.; O’Connor, Jean C.; el Arculli, Regina

2014-01-01

All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (1) document the historical enactment of the laws; (2) assess the nature and extent of the laws; and (3) conduct preliminary analyses to examine the relationship between states with laws and other factors that might predict enactment of or be impacted by these laws. Between 1995 and 2006, thirty-four states (67%) enacted a relevant law, with 23 states’ laws (45%) enacted between 2003 and 2006. Four states banned direct-to-consumer shipment of cigarettes. The remaining 30 states’ laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws also have stronger state excise tax rates, youth access to tobacco policies, and state tobacco control environments as well as higher cigarette excise tax revenue, past month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion. PMID:18236290

Enacting and Re-Enacting the Constitution of Development

DEFF Research Database (Denmark)

Brønnum, Louise; Clausen, Christian

2015-01-01

Many companies find it difficult to enable radical innovation within the organization and its structure. The problem is described by many and tried solved by proposing of new development tools and processes or applying a different organizational structure and culture. This paper presents a case...... study that will show how there in a development company exits a constitution of development. This constitution of development is perceived as a set of development rules and guidelines that are implicitly enacted by the employees and for certain development opportunities. Through the case study we...... will present different strategies for re-enactment of the constitution of development that frame for alternative development spaces with perceived different rules, and therefor make space for the development of a more radical nature....

The right to food in international law with case studies from The Netherlands and Belgium

NARCIS (Netherlands)

Wernaart, Bart; Meulen, van der Bernd

2017-01-01

In this chapter, the enforceability of the right to adequate food is discussed in the context of industrialized countries. The right to food as a human right can be considered the fundament of food law. Human rights in themselves occupy a special position in the field of law. On the one hand they

The Public Schools Contracts Law. Focus on School Law Series.

Science.gov (United States)

Dabreu, O. Lisa

New Jersey's Public Schools Contracts Law, enacted on June 2, 1977, places limits on the authority of local and regional boards of education to make purchases and to enter into contracts, agreements, or leases for supplies or services. This publication is designed to provide information and guidance that will assist boards of education in meeting…

The ecological law and ecological human rights: to the question on necessity of formation

OpenAIRE

Khvorostov A. J.

2012-01-01

Necessity of the ecological law is determined by presence of ecological crisis and formed at formation of ecological function of the state. Ecological human rights and the citizen are natural human rights, however should be legally fixed and guaranteed by the state. The further functioning of a society is impossible without observance of norms of the ecological law and ecological human rights.

The principle of systemic integration in human rights law

NARCIS (Netherlands)

Rachovitsa, Adamantia

International lawyers and courts consider the principle of systemic integration to be a potential answer to difficulties arising from the fragmentation of public international law. This article questions the application of this approach in the context of human rights treaties. It is argued, first,

State obligations to implement African abortion laws: employing human rights in a changing legal landscape.

Science.gov (United States)

Ngwena, Charles G

2012-11-01

Women in the African region are overburdened with unsafe abortion. Abortion regimes that fail to translate any given abortion rights into tangible access are partly to blame. Historically, African abortion laws have been highly restrictive. However, the post-independence era has witnessed a change toward liberalizing abortion law, even if incremental for many jurisdictions. Furthermore, Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has significantly augmented the regional trend toward liberalization by recognizing abortion as a human right in given circumstances. However, states are failing to implement abortion laws. The jurisprudence that is emerging from the European Court of Human Rights and United Nations treaty bodies is a tool that can be used to render African governments accountable for failure to implement domestic abortion laws. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

State-level gonorrhea rates and expedited partner therapy laws: insights from time series analyses.

Science.gov (United States)

Owusu-Edusei, K; Cramer, R; Chesson, H W; Gift, T L; Leichliter, J S

2017-06-01

In this study, we examined state-level monthly gonorrhea morbidity and assessed the potential impact of existing expedited partner therapy (EPT) laws in relation to the time that the laws were enacted. Longitudinal study. We obtained state-level monthly gonorrhea morbidity (number of cases/100,000 for males, females and total) from the national surveillance data. We used visual examination (of morbidity trends) and an autoregressive time series model in a panel format with intervention (interrupted time series) analysis to assess the impact of state EPT laws based on the months in which the laws were enacted. For over 84% of the states with EPT laws, the monthly morbidity trends did not show any noticeable decreases on or after the laws were enacted. Although we found statistically significant decreases in gonorrhea morbidity within four of the states with EPT laws (Alaska, Illinois, Minnesota, and Vermont), there were no significant decreases when the decreases in the four states were compared contemporaneously with the decreases in states that do not have the laws. We found no impact (decrease in gonorrhea morbidity) attributable exclusively to the EPT law(s). However, these results do not imply that the EPT laws themselves were not effective (or failed to reduce gonorrhea morbidity), because the effectiveness of the EPT law is dependent on necessary intermediate events/outcomes, including sexually transmitted infection service providers' awareness and practice, as well as acceptance by patients and their partners. Published by Elsevier Ltd.

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.

The Impact of the Charter of Fundamental Rights of the European Union on VAT Law

DEFF Research Database (Denmark)

Elgaard, Karina Kim Egholm

2016-01-01

The Charter of Fundamental Rights of the European Union became legally binding following its entry into force with the Lisbon Treaty on 1 December 2009, and it has the same legal value as the EU Treaties. Since then, the EU fundamental rights aspect of VAT law has not been subject to much academic...... discussion or particular attention from VAT practitioners. This article contributes to further development of research in the area of EU fundamental rights and VAT law by examining; when the Charter is relevant in VAT law and if so how the Charter manifests itself in EU VAT case law, and what special...

The Ideal Concept of Presidential Threshold Arrangement to Achieve Constitutional Rights of New Political Parties in a simultaneous general election in Indonesia

OpenAIRE

Muhammad Mukhtarrija; I gusti Ayu Ketut Rachmi Handayani; Agus Riwanto

2018-01-01

This study raises the legal issue against the enactment of Law No. 7 of 2017 on General Elections in Indonesia. The law has violated the constitutional rights of new political parties of the simultaneous general election participants that began in 2017. The injustice is seen in article 222 which requires the provision of presidential threshold for political parties nominating the president and vice-presidential pairs based on the results of general elections in 2014. If this provision is appl...

Making medicine; producing pleasure: A critical examination of medicinal cannabis policy and law in Victoria, Australia.

Science.gov (United States)

Lancaster, Kari; Seear, Kate; Ritter, Alison

2017-11-01

Several jurisdictions around the world have introduced policies and laws allowing for the legal use of cannabis for therapeutic purposes. However, there has been little critical discussion of how the object of 'medicinal cannabis' is enacted in policy and practice. Informed by Carol Bacchi's poststructuralist approach to policy analysis and the work of science and technology studies scholars, this paper seeks to problematise the object of 'medicinal cannabis' and examine how it is constituted through governing practices. In particular, we consider how the making of the object of 'medicinal cannabis' might constrain or enact discourses of pleasure. As a case example, we take the Victorian Law Reform Commission's review of law reform options to allow people in the Australian state of Victoria to be treated with medicinal cannabis. Through analysis of this case example, we find that although 'medicinal cannabis' is constituted as a thoroughly medical object, it is also constituted as unique. We argue that medicinal cannabis is enacted in part through the production of another object (so-called 'recreational cannabis') and the social and political meanings attached to both. Although both 'substances' are constituted as distinct, 'medicinal cannabis' relies on the 'absent presence' of 'recreational cannabis' to define and shape what it is. However, we find that contained within this rendering of 'medicinal cannabis' are complex enactments of health and wellbeing, which open up discourses of pleasure. 'Medicinal cannabis' appears to challenge the idea that the effects of 'medicine' cannot be understood in terms of pleasure. As such, the making of 'medicinal cannabis' as a medical object, and its invocation of broad notions of health and wellbeing, expand the ways in which drug effects can be acknowledged, including pleasurable and desirable effects, helping us to think differently about both medicine and other forms of drug use. Copyright © 2017 Elsevier B.V. All rights

Enacting Governance through Strategy

DEFF Research Database (Denmark)

Brandtner, Christof; Höllerer, Markus A.; Meyer, Renate E.

2017-01-01

of strategy documents in city administration addresses these challenges. Our central claim is that strategy documents can be understood as a distinct discursive device through which local governments enact aspired governance configurations. We illustrate our argument empirically using two prominent examples...... that, while showing similar features and characteristics, are anchored in different administrative traditions and institutional frameworks: the city administrations of Sydney, Australia, and Vienna, Austria. The contribution of the paper is to show how strategy documents enact governance configurations...... along four core dimensions: the setting in space and time, the definition of the public, the framing of the res publica and legitimacy issues. Moreover, our comparative analysis of Sydney and Vienna gives evidence of differences in governance configurations enacted through strategy documents....

Relationships between non-pathological dream-enactment and mirror behaviors.

Science.gov (United States)

Nielsen, Tore; Kuiken, Don

2013-09-01

Dream-enacting behaviors (DEBs) are behavioral expressions of forceful dream images often occurring during sleep-to-wakefulness transitions. We propose that DEBs reflect brain activity underlying social cognition, in particular, motor-affective resonance generated by the mirror neuron system. We developed a Mirror Behavior Questionnaire (MBQ) to assess some dimensions of mirror behaviors and investigated relationships between MBQ scores and DEBs in a large of university undergraduate cohort. MBQ scores were normally distributed and described by a four-factor structure (Empathy/Emotional Contagion, Behavioral Imitation, Sleepiness/Anger Contagion, Motor Skill Imitation). DEB scores correlated positively with MBQ total and factor scores even with social desirability, somnambulism and somniloquy controlled. Emotion-specific DEB items correlated with corresponding emotion-specific MBQ items, especially crying and smiling. Results provide preliminary evidence for cross-state relationships between propensities for dream-enacting and mirror behaviors--especially behaviors involving motor-affective resonance--and our suggestion that motor-affective resonance mediates dream-enactment imagery during sleep and emotional empathy during waking. Copyright © 2013 Elsevier Inc. All rights reserved.

The efficacy of different models of smoke-free laws in reducing exposure to second-hand smoke: a multi-country comparison.

Science.gov (United States)

Ward, Mark; Currie, Laura M; Kabir, Zubair; Clancy, Luke

2013-05-01

Exposure to second-hand tobacco smoke is a serious public health concern and while all EU Member States have enacted some form of regulation aimed at limiting exposure, the scope of these regulations vary widely and many countries have failed to enact comprehensive legislation creating smoke-free workplaces and indoor public places. To gauge the effectiveness of different smoke-free models we compared fine particles from second-hand smoke in hospitality venues before and after the implementation of smoking bans in France, Greece, Ireland, Italy, Portugal, Turkey, and Scotland. Data on PM2.5 fine particle concentration levels were recorded in 338 hospitality venues across these countries before and after the implementation of smoke-free legislation. Changes in mean PM2.5 concentrations during the period from pre- to post-legislation were then compared across countries. While a reduction in PM2.5 was observed in all countries, those who had enacted and enforced more fully comprehensive smoke-free legislation experienced the greatest reduction in second-hand tobacco smoke. Comprehensive smoke-free laws are more effective than partial laws in reducing exposure to second-hand tobacco smoke. Also, any law, regardless of scope must be actively enforced in order to have the desired impact. There is continued need for surveillance of smoke-free efforts in all countries. Copyright © 2013 Elsevier Ireland Ltd. All rights reserved.

Legal rights during pandemics: federalism, rights and public health laws--a view from Australia.

Science.gov (United States)

Bennett, B

2009-03-01

Pandemic influenza will cause significant social and economic disruption. Legal frameworks can play an important role in clarifying the rights and duties of individuals, communities and governments for times of crisis. In addressing legal frameworks, there is a need for jurisdictional clarity between different levels of government in responding to public health emergencies. Public health laws are also informed by our understandings of rights and responsibilities for individuals and communities, and the balancing of public health and public freedoms. Consideration of these issues is an essential part of planning for pandemic influenza.

The rights of a Florida wife: slavery, U.S. expansion, and married women's property law.

Science.gov (United States)

Clark, Laurel A

2010-01-01

Civil law rules were adopted in Florida that granted married women property rights long before legal reforms occurred in northern states. This article analyzes white wives' property and law in Florida between 1820 and 1860. Initially, married women's property rights were inadvertently protected by treaty law and limited to women who married before 1818. Wives' right to own separate property in Florida was subsequently reconfirmed in statute and extended to include later marriages. In contrast, nonwhites generally lost the rights and property they had enjoyed under Spain's civil law in the same period. This contrast reveals that in Florida (and other southern borderlands) it was not concern for women, or simply legal precedent, but the desire to incorporate new territory and expand slavery that influenced the development of marital property law. This challenges previous histories, which have excluded the earlier acts in the Southern borderlands and emphasized those passed in the Northeast beginning in the late 1840s. While those later acts were influenced by the early woman's rights movement and by concern for families reduced to poverty during the rise of market capitalism, this case study indicates that expansion of United States territory and slavery were responsible for the earlier married women's property rights in southern borderland territories such as Florida.

Prescription. A private-law concept at the forefront of fundamental rights protection

NARCIS (Netherlands)

Graaff, de R.; Breedveld-de, Voogd C.G.; Castermans, A.G.; Knigge, M.W.; Linden, van der T.; Oever, ten H.A.

2016-01-01

Against the background of the relationship between the ECHR, national constitutional law and national private law, this contribution examines the influence of the right to access to a court under Article 6 ECHR on the core concept of prescription, with a focus on the prescription of ‘long-tail’

Implementation of the Death Penalty in the Perspective of Human Rights in Indonesia

Directory of Open Access Journals (Sweden)

La Sina

2016-12-01

Full Text Available The 1945 Constitution of Indonesia provides for rights to life and to remain free from torture that are fundamental human rights that shall not be curtailed under any circumstance. Since 1945, Indonesia does not regulate the protection of the right of life to the citizens. Until 1946, enacted Law No. 1 of 1946 concerning the Indonesian Criminal Code which in several provisions concerning the death penalty. Death sentences and executions in Indonesia is always debatable. However, it is still implemented and can not be avoided, unless the change of its legal provisions. This study was a normative research or doctrinal research. The results of the study shows that the provisions of death penalty in Indonesia is still enforced because have been regulated in the Criminal Code and several organic laws such as the law of terrorism, narcotics, corruption, and human rights justice. The death penalty is contrary to Article 28I of the 1945 Constitution. It has set the rights to life, so that no one may violate human rights, including the government and the country is not granted the right to revoke rights for every citizen. The Indonesian government should not impose the death penalty contained in the draft new Code, and abolish the death penalty in its organic law that had been imposed on the offenders. Preferably, the death penalty may be replaced by alternative punishment with life imprisonment, a prison within a specified time or according to the judge’s decision.

LATEST AMENDMENTS TO LAW NO 62/2011 ON SOCIAL DIALOGUE ENACTED BY LAW NO 1/2016

Directory of Open Access Journals (Sweden)

Aurelian Gabriel ULUITU

2016-05-01

Full Text Available Law no 62/2011 regarding the social dialogue is the most important regulation of the collective labor relations. Since 2011, when it was adopted, Law no 62/2011 was modified several times, the last legislative intervention being done by Law no 1/2016. The main modification are regarding the following aspects: method of payment by the trade union’s members of their monthly subscription; new rules regarding the possibility of the trade union or employer to affiliate at a higher level organization; the rules regarding the employers and employer’s representatives in the collective bargaining.

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

Science.gov (United States)

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

2015-05-01

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

Is prospective memory enhanced by cue-action semantic relatedness and enactment at encoding?

Science.gov (United States)

Pereira, Antonina; Ellis, Judi; Freeman, Jayne

2012-09-01

Benefits and costs on prospective memory performance, of enactment at encoding and a semantic association between a cue-action word pair, were investigated in two experiments. Findings revealed superior performance for both younger and older adults following enactment, in contrast to verbal encoding, and when cue-action semantic relatedness was high. Although younger adults outperformed older adults, age did not moderate benefits of cue-action relatedness or enactment. Findings from a second experiment revealed that the inclusion of an instruction to perform a prospective memory task led to increments in response latency to items from the ongoing activity in which that task was embedded, relative to latencies when the ongoing task only was performed. However, this task interference 'cost' did not differ as a function of either cue-action relatedness or enactment. We argue that the high number of cue-action pairs employed here influenced meta-cognitive consciousness, hence determining attention allocation, in all experimental conditions. Copyright © 2012 Elsevier Inc. All rights reserved.

The surgeon and the law on patient's rights for minors.

Science.gov (United States)

Deneyer, M; Clybouw, C; De Groot, E; De Backer, A; Van den Brande, P; Vandenplas, Y

2011-01-01

The law of August 22nd, 2002 concerning patients' rights (LPR) gave a new dimension to the relationship between the physician and the patient. According to this law, it is up to the physician to judge if a patient is able to exercise his own rights or if the patient needs assistance from a representative. In the particular case of the patient being a minor, this often leads to a difficult situation because of the absence of validated criteria to evaluate the capacity of judgment of a minor patient. The triangular relationship physician-patient-parents might be hampered when the parents are involved in a divorce. In daily practice, there are many questions concerning the physicians' attitude towards the rights of the minor patient, particularly in cases of medical intervention. By means of case histories, we describe several problematic situations: the right of free choice of the physician, the right of the minor to obtain informational privacy, obtaining consent for a medical intervention. In cases where there is a divorce, the situation is even more difficult. Solutions are provided to act as effectively as possible in the minors' interests and to offer support to the physician. Note: According to article 388 of the Belgian Civil Code a minor is a person, either male or female, who has not attained the age of 18 years.

Study about the Right to the Factoring Contract in Case Law STJ

Directory of Open Access Journals (Sweden)

Leandro Moraes do Espírito Santo

2016-11-01

Full Text Available This essay aims to examine the right of recourse in commercial development contract in the case law of the Supreme Court. In order to reach an appropriate response, the paper investigates the problem from Hans Kelsen's teachings to theory of law and legal interpretation as may be adopted in the Brazilian legal system.

The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

Science.gov (United States)

Birmontiene, Toma

2010-03-01

The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

ERISA failures and the erosion of workers' rights: the urgent need to protect private & public workers' pension and benefits.

Science.gov (United States)

Allen, James P; Bales, Richard A

On March 11, 2011, Governor Scott Walker of Wisconsin signed into law a bill that eliminated most collective bargaining rights for the state's public-sector workers. Many other cash-strapped states followed Wisconsin's lead and introduced or enacted similar restraints on the rights of their workers. Thousands of public workers, whose only means of protecting their rights rested in their ability to collectively bargain, suddenly found their retirement benefits in jeopardy. This truth highlighted the lack of protections for public worker benefits similar to those of the private sector. However, the Employee Retirement Income Security Act, enacted for that purpose, has failed to secure these benefits. This article seeks to provide a broad overview of the crisis facing the pension and benefits system in the United States and offers some possible solutions. More importantly, the goal is to spur discourse on the urgent need to protect the benefits of all workers, public and private.

Technological Literacy Reconsidered: A Model for Enactment

Science.gov (United States)

Ingerman, Ake; Collier-Reed, Brandon

2011-01-01

This paper presents a model to describe technological literacy as enacted by individuals in the course of shaping their lives and the world around them. The model has two interrelated facets--the "potential" for and "enactment" of technological literacy--where enactment and potential mutually constitute each other. This "potential" is made up of…

The importance of product definitions in US e-cigarette laws and regulations.

Science.gov (United States)

Lempert, Lauren K; Grana, Rachel; Glantz, Stanton A

2016-04-01

How electronic cigarettes and similar products (e-cigarettes) are defined affects how they are regulated, particularly whether existing laws for cigarettes apply, including sales and marketing, youth access, smoke-free and taxation laws. We examined the text of 46 bills that define e-cigarettes enacted in 40 states and characterised how e-cigarettes and similar products were defined. States enact laws creating new product categories for e-cigarettes separate from the 'tobacco product' category (eg, 'alternative nicotine product,' 'vapour product,' 'electronic nicotine device'), with four states explicitly excluding e-cigarettes from 'tobacco products.' Twenty-eight states do not include e-cigarettes in their definitions of 'tobacco products' or 'smoking,' eight include e-cigarettes as 'tobacco products,' three include e-cigarettes in 'smoking.' Sixteen states' definitions of e-cigarettes require nicotine, and five states pre-empt more stringent local laws. Tobacco and e-cigarette industry representatives tried to shape laws that benefit their interests. Definitions separating e-cigarettes from other tobacco products are common. Similar to past 'Trojan horse' policies, e-cigarette policies that initially appear to restrict sales (eg, limit youth access) may actually undermine regulation if they establish local pre-emption or create definitions that divide e-cigarettes from other tobacco products. Comparable issues are raised by the European Union Tobacco Products Directive and e-cigarette regulations in other countries. Policymakers should carefully draft legislation with definitions of e-cigarettes that broadly define the products, do not require nicotine or tobacco, do not pre-empt stronger regulations and explicitly include e-cigarettes in smoke-free and taxation laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

The crisis of international human rights law in the global market economy

NARCIS (Netherlands)

Augenstein, D.H.

2014-01-01

The contribution argues that facticity of the human rights impacts of economic globalisation increasingly undermines the normativity of the state-centred conception of international human rights law. The exposure of the international legal order of states to the operations of global business

Issues Associated with the Conveyance and Transfer of DOE Lands under Public Law 105-119

International Nuclear Information System (INIS)

Ladino, A.G.

1999-01-01

Public Law 105-119 (Law) was enacted in November 1997 as part of the Defense Authorization Act of 1998 (Act). The Law specifically requires the US Department of Energy (DOE) to identify lands that are suitable for conveyance or transfer at Los Alamos National Laboratory (LANL) within 90 days after enactment of the Act. In general, suitable lands include those parcels that are not required to meet the national security missions assigned to DOE at LANL within a ten year period beginning on the date of enactment of the Act. Additional suitability criteria are addressed below and include the need to establish clear title to the land and to restore areas contaminated with hazardous wastes. This proposed change in future land ownership is intended to serve as the final settlement of DOE community assistance obligations with respect to LANL and Los Alamos County and to stimulate economic development

The Crisis of International Human Rights Law in the Global Market Economy

NARCIS (Netherlands)

Augenstein, Daniel

2014-01-01

The article argues that the facticity of the human rights impacts of economic globalisation increasingly undermines the normativity of the state-centred conception of international human rights law. The exposure of the international legal order of states to the operations of global business entities

Decree-Law No. 199/88, 31 May 1988.

Science.gov (United States)

1988-01-01

This Decree-Law establishes criteria for the determination of final compensation for expropriation or nationalization of land or agricultural capital. The lack of legal definition of criteria for the determination of such final compensation was a gap in recent Portuguese legislation on land reform. Although the holdings of many landlords and farmers had been nationalized or expropriated after 11 March 1975, the compensation obtained prior to the enactment of this Decree-Law was provisional and reflected outdated values. This Decree-Law closes this gap by establishing the criteria for the determination of final compensation with adjusted value. Under it, any farmer whose land or capital has been nationalized or expropriated since March 1975 may apply for final compensation, from which shall be deducted the value of any provisional compensation previously obtained and any property previously devolved as a "right of reserve" pursuant to pertinent legislation (see Law No. 109/88 of 26 September 1988 and Decree No. 44/88 of 14 December 1988). The final compensation shall be determined by administrative procedure in which the Ministry of Agriculture, Fisheries, and Food; the Ministry of Finance; and the applicant are represented. full text

Does Religiosity Promote Property Rights and the Rule of Law?

DEFF Research Database (Denmark)

Berggren, Niclas; Bjørnskov, Christian

Social and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law...

Learning from text benefits from enactment.

Science.gov (United States)

Cutica, Ilaria; Ianì, Francesco; Bucciarelli, Monica

2014-10-01

Classical studies on enactment have highlighted the beneficial effects of gestures performed in the encoding phase on memory for words and sentences, for both adults and children. In the present investigation, we focused on the role of enactment for learning from scientific texts among primary-school children. We assumed that enactment would favor the construction of a mental model of the text, and we verified the derived predictions that gestures at the time of encoding would result in greater numbers of correct recollections and discourse-based inferences at recall, as compared to no gestures (Exp. 1), and in a bias to confound paraphrases of the original text with the verbatim text in a recognition test (Exp. 2). The predictions were confirmed; hence, we argue in favor of a theoretical framework that accounts for the beneficial effects of enactment on memory for texts.

Conceptualisation of rights and meta-rule of law for the web of data

Directory of Open Access Journals (Sweden)

Pompeu Casanovas

2015-09-01

Full Text Available This article deals with some regulatory and legal problems of the Web of Data. Data and metadata are defined. Digital Rights Management (DRM and Rights Expression Languages (REL are introduced. Open Digital Rights Language (ODRL, Licensed Linked Data Resources (LLDR and Creative Commons Licenses are referred. The development of REL by means of Ontology Design Patterns such as LLDR, or Open Licenses sustained by Policy Models such as ODRL, situates the discussion on metadata at the regulatory level. With the development of the Web of Data the Rule of Law needs to evolve to a Meta-Rule of Law, incorporating tools to regulate and monitor the semantic layer of the Web. This means reflecting on the construction of a new public dimension space for the exercise of rights.

THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW

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Intan Innayatun Soeparna

2008-10-01

Full Text Available World Trade Organization (WTO dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU, if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of international human rights law, particularly economic rights that stipulate in Universal Declaration of Human Rights (UDHR, International Covenant on Civil and Political Rights (ICCPR, and the International Covenant on Economic, Social and Cultural Rights (ICESCR. This paper explains the impact that arises when WTO retaliation is imposed to a country whether a developed or developing country, from the perspective of international human rights law.

Coded Statutory Data Sets for Evaluation of Public Health Law

Science.gov (United States)

Costich, Julia Field

2012-01-01

Background and objectives: The evaluation of public health law requires reliable accounts of underlying statutes and regulations. States often enact public health-related statutes with nonuniform provisions, and variation in the structure of state legal codes can foster inaccuracy in evaluating the impact of specific categories of law. The optimal…

Right, laws, regulations and technical building systems; Recht, Gesetze, Verordnungen und Technische Gebaeudesysteme

Energy Technology Data Exchange (ETDEWEB)

Kranz, H.R. [Siemens AG, Karlsruhe (Germany)

1995-12-31

Chapter 23 of the anthology about building control gives an overview of the laws and regulations in the field of technical building systems. The following fields are discussed: license regulations in the field of building trade, communication law, environmental responsibility law, building right, European directives, laws and regulations of the Federal Government and the Laender. (BWI) [Deutsch] Kapitel 23 des Sammelbandes ueber Building Control gibt einen Ueberblick ueber Recht, Gesetze und Verordnungen im Bereich der Technischen Gebaeudesysteme. In diesem Zusammenhang kommen folgende Bereiche in Frage: Lizenzrecht im Bauwesen; Fernmelderecht; Umwelthaftungsgesetz; Baurecht; Europaeische Richtlinien; Gesetze und Verordnungen des Bundes und der Laender. (BWI)

The Interplay Between International Law And Labour Law In South Africa: Piercing The Diplomatic Immunity Veil

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Ezette Gericke

2014-12-01

essence what really matters to any labour lawyer is how it can be justified that a group of vulnerable employees (diplomatic employees is left without a remedy while the employer as the stronger bargaining party is protected in terms of international law. The author submits that employees should have access to compulsory private arbitration in terms of an amendment to the DIPA or in terms of a treaty. This must bind a diplomat/consular employer from South Africa (as the sending state in a foreign state, and a foreign diplomat/consular employer in South Africa (as the receiving state to protect employees. It is suggested that such a provision should be included in diplomatic contracts of employment after ratification of a treaty, even before it is enacted into relevant laws in South Africa. In view of the sensitivity and international consequences of labour disputes for states, it is suggested that private arbitration could serve as a useful dispute resolution procedure and an acceptable alternative to the general options available in terms of the CCMA, the labour court and the high court. It is suggested that the full protection of diplomatic employees' labour rights cannot be based on the status of their employers. Finally the author argues that lifting the veil of diplomatic immunity could provide a satisfactory interplay between labour law and international law to support the interests and rights of both parties to the diplomatic employment relationship.

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

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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.

Law for the Integral Management of Waste No. 8839

International Nuclear Information System (INIS)

2010-01-01

The Law for Integral Waste Management No. 8839 was enacted in Costa Rica in 2010. The purpose of this law has been to regulate the integral management of residues and the efficient use of the resources, through the planning and execution of regulatory actions, operational, financial, administrative, educational, environmental and healthy of monitoring and evaluation [es

Problems of the Renewable Energy Law of 2014 with respect to constitutional and EU law; Verfassungs- und unionsrechtliche Probleme des EEG 2014

Energy Technology Data Exchange (ETDEWEB)

Ekardt, Felix [Forschungsstelle Nachhaltigkeit und Klimapolitik, Leipzig (Germany); Rostock Univ. (Germany). Oeffentliches Recht und Rechtsphilosophie

2014-08-15

The 2014 amendment to the Renewable Energy Law (EEG) which is currently in the process of enactment aims to limit the scope of what has been one of the most successful climate protection instruments in the history of German law. In essence this instrument has established an obligation of acceptance of and remuneration for electricity generated from renewable resources. The present article analyses the most important regulatory objects of the 2014 EEG for their compatibility with German constitutional law as well as primary and secondary EU law.

Law and Protestantism in Denmark

DEFF Research Database (Denmark)

Tamm, Ditlev

2016-01-01

This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church....... The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former...... faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582....

Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

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Yeni Salma Barlinti

2011-01-01

Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

Towards full citizenship: correlates of engagement with the gender identity law among transwomen in Argentina.

Science.gov (United States)

Socías, María Eugenia; Marshall, Brandon D L; Arístegui, Inés; Zalazar, Virginia; Romero, Marcela; Sued, Omar; Kerr, Thomas

2014-01-01

In May 2012, Argentina passed its "Gender Identity" Law, which aimed to address the legal invisibility, discrimination and marginalization that transgender individuals have historically faced. The aim of this study was to explore factors associated with engagement with the Gender Identity Law among transwomen living in Argentina. Data were derived from a 2013 nationwide, cross-sectional study involving transwomen in Argentina. Using multivariate logistic regression, we assessed the prevalence and factors associated with acquiring a gender-congruent identity card within the first 18 months of enactment of the Gender Identity Law. Among 452 transwomen, 260 (57.5%) reported that they had obtained a new gender-congruent identity card. In multivariate analysis, factors positively associated with acquiring a new ID were: previously experiencing discrimination by healthcare workers (adjusted odd ratio [aOR] = 2.01, 95% CI: 1.27-3.20); having engaged in transition procedures (aOR = 3.06, 95% CI: 1.58-5.93); and having a job other than sex work (aOR = 1.81, 95% CI: 1.06-3.10). Foreign born transwomen were less likely to have obtained a new ID (aOR = 0.14, 95% CI: 0.06-0.33). More than half of transwomen in our sample acquired a new gender-congruent ID within the first 18 months of enactment of the Gender Identity Law. However, access to and uptake of this right has been heterogeneous. In particular, our findings suggest that the most empowered transwomen may have been among the first to take advantage of this right. Although educational level, housing conditions, HIV status and sex work were not associated with the outcome, foreign-born status was a strong negative correlate of new ID acquisition. Therefore, additional efforts should be made in order to ensure that benefits of this founding policy reach all transwomen in Argentina.

Towards full citizenship: correlates of engagement with the gender identity law among transwomen in Argentina.

Directory of Open Access Journals (Sweden)

María Eugenia Socías

Full Text Available In May 2012, Argentina passed its "Gender Identity" Law, which aimed to address the legal invisibility, discrimination and marginalization that transgender individuals have historically faced. The aim of this study was to explore factors associated with engagement with the Gender Identity Law among transwomen living in Argentina.Data were derived from a 2013 nationwide, cross-sectional study involving transwomen in Argentina. Using multivariate logistic regression, we assessed the prevalence and factors associated with acquiring a gender-congruent identity card within the first 18 months of enactment of the Gender Identity Law.Among 452 transwomen, 260 (57.5% reported that they had obtained a new gender-congruent identity card. In multivariate analysis, factors positively associated with acquiring a new ID were: previously experiencing discrimination by healthcare workers (adjusted odd ratio [aOR] = 2.01, 95% CI: 1.27-3.20; having engaged in transition procedures (aOR = 3.06, 95% CI: 1.58-5.93; and having a job other than sex work (aOR = 1.81, 95% CI: 1.06-3.10. Foreign born transwomen were less likely to have obtained a new ID (aOR = 0.14, 95% CI: 0.06-0.33.More than half of transwomen in our sample acquired a new gender-congruent ID within the first 18 months of enactment of the Gender Identity Law. However, access to and uptake of this right has been heterogeneous. In particular, our findings suggest that the most empowered transwomen may have been among the first to take advantage of this right. Although educational level, housing conditions, HIV status and sex work were not associated with the outcome, foreign-born status was a strong negative correlate of new ID acquisition. Therefore, additional efforts should be made in order to ensure that benefits of this founding policy reach all transwomen in Argentina.

The Intrinsic Normativity of Law in Light of Kant`s Doctrine of Right

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Mehmet Ruhi Demiray

2016-06-01

Full Text Available This paper claims that a particular interpretation of Kant`s legal-political philosophy, as it is presented in his Doctrine of Right, provides us with the much needed resolution to the question of the normativity of law, precisely because it brings in a perspective that avoids both positivism and ethicism. This particular interpretation follows a strategy of argumentation that I call the “argument for the intrinsic normativity of law”, i.e., the argument that law is defined and justified on its own grounds, without any need to refer to ethics, or rational/enlightened self-interest. This argument highlights the concept of legal person with the innate right to freedom as the necessary presupposition of legal practices, and sets forth a fundamental sense of justice inherent to the concept of law that consists in the reciprocal recognition of legal personality. In the end, I come up with a distinctive conception of law that I formulate as a last resort of normativity in the face of a conflict wherein an ethical solution does not appeal to all parties.

The right to a fair appeal in international criminal law

NARCIS (Netherlands)

Djukic, Drazan

2017-01-01

The Right to a Fair Appeal in International Criminal Law – Layman’s Summary A criminal trial does not end after the first judgment of a court. A person is only finally found guilty or innocent after one or more appeals. Appeals thus have an important place in the criminal justice system. However,

The BMA's guidance on conscientious objection may be contrary to human rights law.

Science.gov (United States)

Adenitire, John Olusegun

2017-04-01

It is argued that the current policy of the British Medical Association (BMA) on conscientious objection is not aligned with recent human rights developments. These grant a right to conscientious objection to doctors in many more circumstances than the very few recognised by the BMA. However, this wide-ranging right may be overridden if the refusal to accommodate the conscientious objection is proportionate. It is shown that it is very likely that it is lawful to refuse to accommodate conscientious objections that would result in discrimination of protected groups. It is still uncertain, however, in what particular circumstances the objection may be lawfully refused, if it poses risks to the health and safety of patients. The BMA's policy has not caught up with these human rights developments and ought to be changed. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

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

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Ivanc, Blaz

2011-09-01

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

Some comments on water rights in South Africa

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N Gabru

2005-01-01

Full Text Available Human life, as with all animal and plant life on the planet, is dependent upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right. The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights. The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy. The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the

The right to die in Canadian legislation, case law and legal doctrine.

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Plachta, M

1994-01-01

This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future.

Soil erosion and sediment control laws. A review of state laws and their natural resource data requirements

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Klein, S. B.

1980-01-01

Twenty states, the District of Columbia, and the Virgin Islands enacted erosion and sediment control legislation during the past decade to provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and/or urban lands. That legislation and the state programs developed to implement these laws are quoted and reviewed. The natural resource data requirements of each program are also extracted. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws. Laws which provides for legislative review of administrative regulations and LANDSAT applications and/or information systems that were involved in implementing or gathering data for a specific soil erosion and sediment control program are summarized as well as principal concerns affecting erosion and sediment control laws.

'Adventurous' judgments
A comparative exploration into human rights as a moral-political force in judicial law development

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Bas de Gaay Fortman

2006-12-01

Full Text Available This article looks at the development of law by the judiciary in the sense of judgments taking the law beyond the point of what was hitherto regarded as ius positivum. Its main perspective, however, is not the creation of law by the courts as such, but rather the ways and means in which the human rights idea has encouraged judges to deliver decisions that imply an overturning of 'settled' law. In the comparative exploration of 'adventurous' judgments that we shall embark on, our focus will be on the political morality of human rights as a driving force in judicial activism. It is assumed, in other words, that where the judiciary is 'active', human rights may play a part as general principles of law as distinct from rules already incorporated in positive law. Notably then, human rights in this way affect positive law in a manner other than through processes of international, regional and national standard setting connected with the establishment of new supervisory institutions and mechanisms. For this reason, the article does not so much consider typical human rights cases; instead the focus is on major decisions by national courts that were not in the first place regarded as human rights cases at all. In this endeavour, the article aims to be no more than an initial comparative exploration, intended to illustrate a function of human rights that is not normally highlighted, namely its function as an inspirational force towards 'adventurous' judgments. Yet, the judicial potential illustrated here is of great significance, as it may lead to law development inspired by the two principal pillars underpinning the international quest for the realization of human rights: universality and human dignity. After reviewing a variety of characteristic cases from such diverse legal backgrounds as the United Kingdom, the Netherlands, the United States of America, India, South Africa and Nigeria, some conclusions are drawn as to the ways in which human rights

Game Movement as Enactive Focalization

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Yotam Shibolet

2018-01-01

Full Text Available This paper integrates thought on game narrative and embodied cognition, in order to consider the significance of movement to the embodied narrative experience of games. If games are a mode of ‘environmental storytelling’, determining the player’s mobile situatedness within the gamespace is of crucial importance. The metaphor of game design as narrative architecture should be expanded to include te the design of movement dynamics, alongside geographical gamespace. I suggest a theoretical infrastructure that aims to enable further analysis of movement design’s role in this scope. The theory of enactive perception asserts that all perception is inherently negotiated through embodied understanding of moving within environment. According to this model, by giving meaning to perception, movement is also directly related to the structure of consciousness and thought. Cognitive definitions of ‘narrative’ that integrate embodiment are applied to argue it can relevantly account for part of thought’s role in enactive perception. Mieke Bal’s concept of focalization (1997 broaches narrative perspective by underscoring the constant “movement of the look”. For enactive perception, such mobility should be understood as inseparable from the movement of the body even when perspective could appear detached from embodiment. Therefore, I offer the supplementary concept of “enactive focalization” – narrative perception as interpreted through the interconnected dynamics or perspectival and physical movement. To exemplify my ideas and the potential of future research in this scope, I discuss the uniquely effective and affective movement dynamic design of Journey. This paper concludes by reflecting on enactive focalization in light of the increased utilization of embodiment in the contemporary digital media landscape.

Space Law and China

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Tronchetti, Fabio

2017-08-01

Over the past few years, China has made remarkable achievements in the space sector and become one of the most relevant players in the outer space domain. Highlights of this process have been the deployment in orbit of the first Chinese space station, Tiangong-1, on September 29, 2011; and the landing of the Yutu rover on the lunar surface on December 14, 2013. While technological developments have occurred at such a rapid pace, the same cannot be said of the regulatory framework governing Chinese space activities, which still lays at its infant stage. Indeed, unlike other major space-faring countries, China lacks comprehensive and uniform national space legislation; as of now, China has enacted two low-level administrative regulations addressing the issues of launching and registration of space objects. With the growth of the Chinese space program, such a lack of a structured national space law is beginning to show its limits and to create concerns about its negative impact on business opportunities and the ability of China to fully comply with international obligations. One should keep in mind that the international space treaties (China is part to four international space law treaties) are not self-executing, thus requiring States to adopt domestic measures to ensure their effective implementation. Importantly, Chinese authorities appear to be aware of these issues; as stated by the secretary-general of the Chinese National Space Administration (CNSA) in 2014, national space law has been listed in the national legislation plan and the CNSA is directly engaged in such a process. However, questions remain as to how this drafting process will be conducted and what legal form and content the law will have. For example, China could either decide to proceed with a gradual approach, consisting in the adoption of laws addressing selected issues to be eventually assembled into one single law; or to directly move to the adoption of one comprehensive law. In any case, if

The need for drugged driving per se laws: a commentary.

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DuPont, Robert L; Voas, Robert B; Walsh, J Michael; Shea, Corinne; Talpins, Stephen K; Neil, Mark M

2012-01-01

Triggered by the new federal commitment announced by the Office of National Drug Control Policy (ONCDP) to encourage states to enact drugged driving per se laws, this article reviews the reasons to establish such laws and the issues that may arise when trying to enforce them. A review of the state of drunk driving per se laws and their implications for drugged driving is presented, with a review of impaired driving enforcement procedures and drug testing technology. Currently, enforcement of drugged driving laws is an adjunct to the enforcement of laws regarding alcohol impairment. Drivers are apprehended when showing signs of alcohol intoxication and only in the relatively few cases where the blood alcohol concentration of the arrested driver does not account for the observed behavior is the possibility of drug impairment pursued. In most states, the term impaired driving covers both alcohol and drug impairment; thus, driver conviction records may not distinguish between the two different sources of impairment. As a result, enforcement statistics do not reflect the prevalence of drugged driving. Based on the analysis presented, this article recommends a number of steps that can be taken to evaluate current drugged driving enforcement procedures and to move toward the enactment of drug per se laws.

Delays in Medical Malpractice Litigation in Civil Law Jurisdictions

DEFF Research Database (Denmark)

Grembi, Veronica; Garoupaa, Nuno

2013-01-01

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several...... reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction...

Enacting Business Models

DEFF Research Database (Denmark)

Michea, Adela

This is an ethnographic study of business model innovation in an established manufacturing company. The motivation of the thesis is to propose a sensemaking (Weick, 1995), with focus on enactment (Weick, 1979), analysis of a business model innovation process, stepping outside the usual perspectives...... employed in analysing such a phenomenon, namely activity system, dynamic capability and transaction costs, discovery driven or cognitive perspective. The research question guiding the thesis is: How do established companies enact new business models? The innovation of business models in established...... companies is an intricate process, and a mountain to climb in the eyes of top management. Often, in the choice between innovation and control the latter wins. Studies have shown that technologies and processes, which have the potential to challenge the exiting model, are being filtered out. In here...

Human rights, democracy and rule of law: Different organisations, different conceptions?

NARCIS (Netherlands)

Timmer, A.S.H.; Sosa, L.P.A.; Häusler, Katharina

2016-01-01

This report presents an exploration of different conceptualisations of human rights, democracy and the rule of law within international organisations. The report focuses on the United Nations, the African Union, the League of Arab States and the Organisation of Islamic Cooperation. The eventual aim

Swiss Federal Law on the Genetic Testing of Humans

OpenAIRE

森, 芳周

2009-01-01

To add an article against the misuse of a reproductive technology and a genetic engineering, theSwiss Federal Constitution was revised in 1992 through an initiative in 1987. On the basis of thisarticle of the constitution, the Reproductive Medicine Act and the Stem Cell Research Act wereenacted in turns; then, the Federal Law on the Genetic Testing of Humans was enacted in October2004. This paper treats a process of the revision of the constitution in 1992 and the enactment of thelaw in 2004....

Criminal Law in Nigeria in the Last 53 Years: Trends and Prospects for the Future

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Akeem Olajide Bello

2013-03-01

Full Text Available Objectives: The article is an overview of developments in substantive criminal law in Nigeria in the last 53 years. It examines the sharing of constitutional legislative powers to enact criminal laws between the federal (national government and the state (local governments. The examination of federal laws revealed proactive legislative activity responding to emerging local and international criminal law issues. The main development at the state level is the introduction by States in Northern Nigeria of Sharia Penal Codes and the enactment of the Criminal Law of Lagos State 2011. A common trend is the entrenchment of death penalty as punishment for some crimes. Implications: While federal criminal laws have responded to emerging realties, state criminal laws have generally failed to respond to emerging issues at the state level. Consequently, in most of the southern states criminal laws introduced in 1916 have continued to apply. Value: The paper demonstrates the need for southern States to reform their criminal laws to respond to emerging realties, the federal government to respond to some outstanding criminal law issues and calls for a suspension of death penalty and a revaluation of its continued relevance.

HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

OpenAIRE

Laura-Cristiana SPĂTARU-NEGURĂ

2017-01-01

After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...

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

Science.gov (United States)

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

2015-03-01

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

Hidden Contradictions and Conditionality: Conceptualisations of Inclusive Education in International Human Rights Law

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Byrne, Bronagh

2013-01-01

The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised "inclusive education". It argues that the right to education for children with disabilities in international law is…

Freedom of Expression Laws and the College Press: Lessons Learned from the High Schools.

Science.gov (United States)

Paxton, Mark

This paper examines two recent attempts to enact state freedom of expression laws for public college and university students and discusses the prospects for such laws in the context of state scholastic freedom of expression laws covering high school journalists in six states. It examines the case of Kincaid v. Gibson, which decided that…

Human rights principles in developing and updating policies and laws on mental health

OpenAIRE

Schulze, M.

2016-01-01

The World Health Organization's Mental Health Action Plan 2013?2020 stipulates human rights as a cross-cutting principle (WHO, 2013) and foresees global targets to update policies as well as mental health laws in line with international and regional human rights instruments. The international human rights agreements repeatedly refer to health, including mental health. The most pertinent provisions related to mental health are enshrined in the 2006 Convention on the Rights of Persons with Disa...

Space Commercialization and the Development of Space Law

Science.gov (United States)

Yun, Zhao

2017-05-01

Shortly after the launch of the first manmade satellite in 1957, the United Nations (UN) took the lead in formulating international rules governing space activities. The five international conventions (i.e., the 1967 Outer Space Treaty, the 1968 Rescue Agreement, the 1972 Liability Convention, the 1975 Registration Convention, and the 1979 Moon Agreement) within the UN framework constitute the nucleus of space law; laying a solid legal foundation for securing the smooth development of space activities over the next few decades. Outer space was soon found to be a place with abundant opportunities for commercialization: with telecommunications services the first and most successful commercial application followed by remote sensing and global navigation services. In the last decade, the rapid development of space technologies brought space tourism and space mining to the forefront as well. With more and more commercial activities taking place on a daily basis from the 1980s on, existing space law faces severe challenges. The five conventions, which were enacted at a time when space was monopolized by two superpowers—the United States and the former Soviet Union—also failed to take into account the commercial aspect of space activities. Although there are urgent needs for new rules to deal with the ongoing trend of space commercialization, the international society faces difficulties in adopting new rules due to diversified national interests. As a result, it adjusts legislative strategies by enacting soft laws. In view of the difficulty in adopting binding rules at the international level, states are encouraged to enact their own national space legislation providing sufficient guidance for their domestic space commercial activities. It is expected that the development of soft laws and national space legislation will be the mainstream regulatory activities in the space field for the foreseeable future.

Human rights violations in organ procurement practice in China.

Science.gov (United States)

Paul, Norbert W; Caplan, Arthur; Shapiro, Michael E; Els, Charl; Allison, Kirk C; Li, Huige

2017-02-08

Over 90% of the organs transplanted in China before 2010 were procured from prisoners. Although Chinese officials announced in December 2014 that the country would completely cease using organs harvested from prisoners, no regulatory adjustments or changes in China's organ donation laws followed. As a result, the use of prisoner organs remains legal in China if consent is obtained. We have collected and analysed available evidence on human rights violations in the organ procurement practice in China. We demonstrate that the practice not only violates international ethics standards, it is also associated with a large scale neglect of fundamental human rights. This includes organ procurement without consent from prisoners or their families as well as procurement of organs from incompletely executed, still-living prisoners. The human rights critique of these practices will also address the specific situatedness of prisoners, often conditioned and traumatized by a cascade of human rights abuses in judicial structures. To end the unethical practice and the abuse associated with it, we suggest to inextricably bind the use of human organs procured in the Chinese transplant system to enacting Chinese legislation prohibiting the use of organs from executed prisoners and making explicit rules for law enforcement. Other than that, the international community must cease to abet the continuation of the present system by demanding an authoritative ban on the use of organs from executed Chinese prisoners.

Passing a smoke-free law in a pro-tobacco culture: a multiple streams approach.

Science.gov (United States)

Greathouse, Lisa W; Hahn, Ellen J; Okoli, Chizimuzo T C; Warnick, Todd A; Riker, Carol A

2005-08-01

This article describes a case study of the policy development and political decision-making process involved in the enactment of Lexington, Kentucky's smoke-free law. The multiple streams framework is used to analyze the development of the law in a seemingly unlikely and challenging political environment. Proponents developed a dissemination research plan targeted at policy makers and the public to demonstrate the need for a comprehensive law. The existence of a strong coalition of health care providers and health care systems including the board of health, as well as long-standing tobacco control expertise and a strong legal team, were essential ingredients for success. A deliberate strategy to expose the tobacco industry was effective in preparing policy makers for the opponents' policy arguments. As expected, a hospitality industry association was formed to oppose the ordinance, resulting in a legal challenge that delayed enactment of the law.

Gender Jihad: Muslim Women, Islamic Jurisprudence, and Women's Rights

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Melanie P. Mejia

2007-06-01

Full Text Available Muslim women's rights have been a topic of discussion and debate over the past few decades, and with a good reason. Islamic Law (Shariah is considered by many as patriarchal and particularly oppressive to women, and yet there are also others-Muslim women-who have rigorously defended their religion by claiming that Islam is the guarantor par excellence of women's rights. A big question begs to be answered: is Islam particularly oppressive to women?The Qur'an has addressed women's issues fourteen hundred years ago by creating certain reforms to improve the status of women; however, these reforms do not seem to be practiced in Muslim societies today.1 How is this so? I contend that Islam, as revealed to Muhammad, is not oppressive to women; rather, its interpretation, in so far as it is enacted in the family laws and everyday living, is patriarchal and hence needs to be examined.2 The goal of this work is to discuss what the Qur'an says about certain problems which gravely affect Muslim women, specifically: 1. gender equality 2. polygamy 3. divorce and the concept of nushuz

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

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Cedric De Koker

2015-08-01

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

Right to health in Russian Federation: identification of its current stage of constitutional and legal recognition

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TARASENKO, Elena

2013-11-01

Full Text Available Russian Federation has made a strong legal commitment to the human right to health through the ratification of several key international human rights laws. Current public health care policies also demonstrate that Russian Federation has committed itself to provide the human right to health protection of people residing with its jurisdiction. All residents of Russia are eligible for medical care free of charge. Medical services are provided directly to patients by government health care providers. This includes general and specialist medical care, hospitalization, diagnostic laboratory services, dental care, maternity care and transportation, free drugs for disabled, medical rehabilitation, etc. The legal basis for the human right to health at the federal level is provided by a variety of legislative acts (codes, federal laws, presidential decrees, decisions and proposals of the government of the Russian Federation, and orders of the government and of the Ministry of Health and other ministries. The legal bas is at the regional level is provided by legislative instruments enacted by the governments of the Subjects of Russian Federation.

The Applicability of Maria da Penha Law From a Feminist Reading and Criticism of Human Rights

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Paulo Cesar Correa Borges

2015-12-01

Full Text Available This paper aims to reflect on the face of domestic and family violence in Brazil from the Maria da Penha Law or Law 11.340 / 2006 and its application in a context dominated structurally and symbolically by patriarchy . Despite the existence of common laws that recognize the human rights of women exists the impediment produced by androcentrism in law and social institutions. Therefore, it is necessary to go beyond the production standards and achieve the desired socio- cultural awareness on gender and human rights , in all areas of social,so that the law to combat domestic offenses has effectiveness in the daily lives of all women Brazilian. The construction of an egalitarian and horizontal social body exceeds the strictly formal barriers and reach the popular struggles and feminist movements that demand a culture of freedom, autonomy and dignity for all men and women alike.

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

Science.gov (United States)

Levesque, Roger J R

2014-01-01

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

Analysis of the Implementation of Child Rights Law in Nigeria | Udoh ...

African Journals Online (AJOL)

The aim of the study was to analyse the implementation of Child Rights Law in Nigeria so far. To accomplish this: three research questions and three hypotheses were formulated to guide the investigation. Descriptive survey research was employed carrying out the study. Stratified random sampling technique was used to ...

The right to counsel of children in conflict with the law: case study in ...

African Journals Online (AJOL)

In Ethiopia, even though there is no domestic law which explicitly deal with the right to counsel of children in conflict with the law, various stipulations at both federal and regional level provide that the state bears the responsibility to appoint state funded counsel when miscarriage of justice would result. In Adama, the 2nd ...

Detention and treatment down under: human rights and mental health laws in Australia and New Zealand.

Science.gov (United States)

McSherry, Bernadette; Wilson, Kay

2011-01-01

Mental health law reform in recent decades has drawn on the international human rights movement. The entering into force of the Convention on the Rights of Persons with Disabilities (CRPD) on May 3 2008 has been hailed by some as signalling a new era in relation to how domestic mental health laws should be reformed. Both Australia and New Zealand have ratified the CRPD and Australia has acceded to its Optional Protocol. New Zealand and the Australian Capital Territory and Victoria have statutory bills of rights which have an interpretive effect, but are unable to render other statutes invalid. Drawing on the results of interviews conducted with fifty-two representatives of consumer and carer organisations, lawyers, and mental health professionals across Australia and New Zealand, this paper examines the current thinking on human rights and mental health laws in these countries and outlines what changes, if any, may be brought to domestic legislation in light of the Convention.

Recent Developments Regarding South African Common and Customary Law

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MC Schoeman-Malan

2007-05-01

Full Text Available This article will concentrate on the development in the common law of succession and administration of estates versus the customary law of succession and inheritance as well as the winding up of estates pursuant to constitutional tendencies, case law, and statutory reform over the last ten years. The principles of customary law of succession and inheritance have become a contentious issue since the commencement of the Constitution and Bill of Rights which provide for a human rights dispensation in South Africa. As a pluralistic legal system was retained, the inevitable conflict between the principles of customary law of succession and the Constitution soon came to the fore. Although the South African Law Reform Commission reported on this issue and submitted their recommendations to the Minister of Justice and Constitutional Development, the report was never formally published. Aspects of intestate succession and the administration of estates of deceased blacks were challenged in court on constitutional grounds. This eventually lead to a number of principles of customary law being declared unconstitutional, and consequently invalid, by the Courts who had no choice but to provide relief until such time as the legislature enacted a lasting solution. As far as the intestate succession is concerned, the Intestate Succession Act 81 of 1987 was extended to all persons in South Africa, including those adhering to a system of customary law. No distinction will, for purposes of succession, be made in future between legitimate and illegitimate children, between a first born son and other siblings or between men and women. Notwithstanding several court judgments in this regard, the Intestate Succession Act has not been amended by the Legislature as yet. As far as the historical discrepancy in the winding up and administration of estates is concerned, all estates, including intestate estates of black persons that have to devolve under customary law, in the

Association between state school nutrition laws and subsequent child obesity.

Science.gov (United States)

Palakshappa, Deepak; Fiks, Alexander G; Faerber, Jennifer A; Feudtner, Chris

2016-09-01

Many states have enacted laws to improve school nutrition. We tested whether stronger state nutrition laws are associated with subsequently decreased obesity. We conducted a retrospective national multi-year panel data study (analyzed 2014-2016 at the Children's Hospital of Philadelphia). The predictors were 2010 laws regarding 9 nutrition categories from the Classification of Laws Associated with School Students, which grades the strength of state laws (none, weak, or strong). The outcome was weight status (healthy weight, overweight, or obese) in elementary, middle, and high school from the 2011/2012 National Survey of Children's Health. We tested the association between the strength of laws and weight using multinomial logistic regression. To further evaluate our main results, we conducted state-level longitudinal analyses testing the association between competitive food and beverage laws on the change in obesity from 2003-2011. In main analyses of 40,177 children ages 10-17years, we found strong state laws restricting the sale of competitive food and beverages in elementary school (OR: 0.68; 95% CI: 0.48, 0.96) and strong advertising laws across all grades (OR: 0.63; 95% CI: 0.46, 0.86) were associated with reduced odds of obesity. In longitudinal analyses, states with strong competitive food and beverage laws from 2003-2010 had small but significant decreases in obesity, compared to states with no laws. Although further research is needed to determine the causal effect of these laws, this study suggests that strong state laws limiting the sale and advertising of unhealthy foods and beverages in schools are associated with decreased obesity rates. Copyright © 2016 Elsevier Inc. All rights reserved.

Protocol: mixed-methods study to evaluate implementation, enforcement, and outcomes of U.S. state laws intended to curb high-risk opioid prescribing.

Science.gov (United States)

McGinty, Emma E; Stuart, Elizabeth A; Caleb Alexander, G; Barry, Colleen L; Bicket, Mark C; Rutkow, Lainie

2018-02-26

The U.S. opioid epidemic has been driven by the high volume of opioids prescribed by healthcare providers. U.S. states have recently enacted four types of laws designed to curb high-risk prescribing practices, such as high-dose and long-term opioid prescribing, associated with opioid-related mortality: (1) mandatory Prescription Drug Monitoring Program (PDMP) enrollment laws, which require prescribers to enroll in their state's PDMP, an electronic database of patients' controlled substance prescriptions, (2) mandatory PDMP query laws, which require prescribers to query the PDMP prior to prescribing an opioid, (3) opioid prescribing cap laws, which limit the dose and/or duration of opioid prescriptions, and (4) pill mill laws, which strictly regulate pain clinics to prevent nonmedical opioid prescribing. Some pain experts have expressed concern that these laws could negatively affect pain management among patients with chronic non-cancer pain. This paper describes the protocol for a mixed-methods study analyzing the independent effects of these four types of laws on opioid prescribing patterns and chronic non-cancer pain treatment, accounting for variation in implementation and enforcement of laws across states. Many states have enacted multiple opioid prescribing laws at or around the same time. To overcome this issue, our study focuses on 18 treatment states that each enacted a single law of interest, and no other potentially confounding laws, over a 4-year period (2 years pre-/post-law). Qualitative interviews with key leaders in each of the 18 treatment states will characterize the timing, scope, and strength of each state law's implementation and enforcement. This information will inform the design and interpretation of synthetic control models analyzing the effects of each of the two types of laws on two sets of outcomes: measures of (1) high-risk opioid prescribing and (2) non-opioid treatments for chronic non-cancer pain. Study of mandatory PDMP enrollment

End-of-Life Practices in France under the Claeys-Leonetti Law: Report of Three Cases in the Oncology Unit

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Alexandre de Nonneville

2016-10-01

Full Text Available On February 2, 2016, the French government enacted the Claeys-Leonetti law introducing the right to deep and continuous sedation and forbade euthanasia for end-of-life patients. This article reports the first descriptions of this kind of intervention at the final stage of life of 3 patients and highlights the need of patient-centered goals and the importance of close collaboration between the patient, family, and medical and paramedical team to achieve a higher quality of final palliative care.

Does religiosity promote property rights and the rule of law?

DEFF Research Database (Denmark)

Berggren, Niclas; Bjørnskov, Christian

2013-01-01

Social and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law...... autocracies), which suggests that religiosity affects the way institutions work through the political process. Individual religions are not related to our measures of institutional quality....

Does Religiosity Promote Property Rights and the Rule of Law?

DEFF Research Database (Denmark)

Berggren, Niclas; Bjørnskov, Christian

Social and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law...... autocracies), which suggests that religiosity affects the way institutions work through the political process. Individual religions are not related to our measure of institutional quality....

Views on the Law on the Maintenance of Order

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Ercüment SARIAY

2015-12-01

Full Text Available In the history of Turkish democracy, Law On The Maintenance Of Order owns a distinguished place. When considered the political nature of the period in whichthe law was enacted, the developments before and after this law in the democratization process in Turkey, have led to major breaks, political management approach has turned into a one-party rule without opposition. When viewed from a historical perspective on Law On The Maintenance Of Order ,different approaches seem emerge. These approaches, in general terms, reflect the ideological perspective. Avoiding from the ideological approaches, the present study attempts to unearth the influnces of Law On The Maintenance Of Order over the history of democracy and the politcal understanding of theera.

U.S. Case Law and Legal Precedent Affirming the Due Process Rights of Immigrants Fleeing Persecution.

Science.gov (United States)

Sidhu, Shawn S; Boodoo, Ramnarine

2017-09-01

The political discourse on domestic immigration policy has shifted rapidly in recent years, mirrored by similar shifts in the geopolitical climate worldwide. However, a nuanced assessment of the legal basis backing such rhetoric is sorely lacking. This article examines the historical, legal, and case law precedent as it pertains specifically to immigrants who are fleeing persecution and residing within the United States. Due process rights emerged from the Fifth, Sixth, and Fourteenth Constitutional Amendments and have been expanded to include this population through several sequential United States Supreme Court Cases. We review the 1951 Convention Related to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees and examine subsequent case law and legal precedent. We then present evidence documenting widespread violations of due process rights for immigrants fleeing persecution. Specifically, we address the right to a fair hearing for individuals fearing for their lives upon return to their home country, the right against wrongful detainment, and the right to apply for asylum regardless of religion or country of origin. We conclude by addressing potential counterarguments to our thesis, future directions, and the role of forensic psychiatrists. © 2017 American Academy of Psychiatry and the Law.

Sites and Enactments

DEFF Research Database (Denmark)

Korsgaard, Steffen T.; Neergaard, Helle

2008-01-01

is formulated where opportunities are seen as dynamic in the sense that they are enacted in different social practices at different sites. The method is illustrated through an analysis of the birth of The Republic of Tea, a very successful tea company, as presented in the book "The Republic of Tea"....

Curricular Choices of Ultra-Orthodox Jewish Communities: Translating International Human Rights Law into Education Policy

Science.gov (United States)

Perry-Hazan, Lotem

2015-01-01

This paper employs the provisions of international human rights law in order to analyse whether and how liberal states should regulate Haredi educational practices, which sanctify the exclusive focus on religious studies in schools for boys. It conceptualises the conflict between the right to acceptable education and the right to adaptable…

Infectious disease-related laws: prevention and control measures

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Mijeong Park

2017-07-01

Full Text Available OBJECTIVES This study examines recently revised Korean government legislation addressing global infectious disease control for public health emergency situations, with the aim of proposing more rational, effective and realistic interpretations and applications for improvement of law. METHODS The Korea reported its first laboratory-confirmed case of Middle East Respiratory Syndrome (MERS coronavirus on May 20, 2015. Since the first indexed case, Korean public health authorities enforced many public health measures that were not authorized in the law; the scope of the current law was too limited to cover MERS. Korea has three levels of government: the central government, special self-governing provinces, and si/gun/gu. Unfortunately, the Infectious Disease Control and Prevention Act does not designate the specific roles of each level of government, and does not state how these governmental branches should be vertically integrated in a state of emergency. RESULTS When thinking about these policy questions, we should be especially concerned about introducing a new act that deals with all matters relevant to emerging infectious diseases. The aim would be to develop a structure that specifies the roles of each level of government, and facilitates the close collaboration among them, then enacting this in law for the prevention and response of infectious disease. CONCLUSIONS To address this problem, after analyzing the national healthcare infrastructure along with the characteristics of emerging infectious diseases, we propose the revision of the relevant law(s in terms of governance aspects, emergency medical countermeasure aspects, and the human rights aspect.

The Public Safety Impact of Community Notification Laws: Rearrest of Convicted Sex Offenders

Science.gov (United States)

Freeman, Naomi J.

2012-01-01

Sex offender management is one of the highest-profile issues in public safety today. Although states have enacted community notification laws as a means to protect communities from sexual offending, limited research has been conducted to examine the impact of these laws on public safety. As such, this study used a quasi-experimental design to…

Reducing tobacco use and access through strengthened minimum price laws.

Science.gov (United States)

McLaughlin, Ian; Pearson, Anne; Laird-Metke, Elisa; Ribisl, Kurt

2014-10-01

Higher prices reduce consumption and initiation of tobacco products. A minimum price law that establishes a high statutory minimum price and prohibits the industry's discounting tactics for tobacco products is a promising pricing strategy as an alternative to excise tax increases. Although some states have adopted minimum price laws on the basis of statutorily defined price "markups" over the invoice price, existing state laws have been largely ineffective at increasing the retail price. We analyzed 3 new variations of minimum price laws that hold great potential for raising tobacco prices and reducing consumption: (1) a flat rate minimum price law similar to a recent enactment in New York City, (2) an enhanced markup law, and (3) a law that incorporates both elements.

Medical experiments on persons with special needs, a comparative study of Islamic jurisprudence vs. Arab laws: UAE law as case study.

Science.gov (United States)

Hammad, Hamza Abed Al-Karim

2014-01-01

This article is a comparative study of medical experiments on persons with special needs in Islamic jurisprudence and Arab laws; United Arab Emirates (UAE) law as case study. The current study adopts a comparative analytical and descriptive approach. The conclusion of this study points out that the Convention on the Rights of Persons with Special Needs, ratified by a number of Arab States, including the United Arab Emirates, approves conducting medical experiments on persons with special needs, subject to their free consent. As a result of ratifying this Convention, a number of special laws were enacted to be enforced in the United Arab Emirates. On the other hand, this issue is controversial from an Islamic jurisprudence point of view. One group of jurisprudents permits conducting these experimentations if they are designed to treat the person involved, and prohibits such experimentations for scientific advancement. Other jurisprudents permit conducting medical experimentations on persons with special needs, whether the purpose of such experimentations is treatment of the disabled or achieving scientific advancement. The opinion of this group is consistent with the International Convention and the Arab laws in this respect. However, neither the Convention nor the Arab laws regulate this matter by specific and comprehensive conditions, as addressed by some contemporary scholars. It is recommended that the Convention and the Arab laws adopt these conditions. Additionally, the Convention does not state whether the experimentations may be conducted for the interest of the person with disability or for the purpose of scientific advancement. The text of the Convention is unclear and therefore requires further illumination.

Abortion in the light of case-law of the European Court of Human Rights

OpenAIRE

Koubková, Iveta

2012-01-01

Thesis: Abortion in the light of case law of European Court of Human Rights This thesis focuses on the legal regulation of abortion in selected European countries in order to find single European standard. It concentrates primarily on issues of assessing violations of particular articles of the Convention on Human Rights and Fundamental Freedoms by the European Court of Human Rights or former European Commission of Human Rights in relation to specific cases associated with abortion. Abortion ...

HIV prevention and women's rights: working for one means working for both.

Science.gov (United States)

Kiragu, J

1995-11-01

In Kenya, as in many other developing countries, women who lack the rights to control their own bodies, choose their own partners, or own and inherit property are vulnerable to human immunodeficiency virus (HIV) infection. The International Federation of Women Lawyers (FIDA-K) and other women's organizations in Kenya are pushing for legal reforms to reduce women's dependence on men. FIDA-K has worked with law enforcement agencies to protect women who report domestic violence and lobbied policymakers to make domestic violence and marital rape offenses punishable by law. Pressure to end the cultural practice of wife inheritance is growing in regions of Kenya where HIV prevalence is especially high. Also under scrutiny are laws that return a man's property to his own family when he dies, forcing many women widowed by acquired immunodeficiency syndrome (AIDS) to turn to commercial sex work to support themselves and their children. In addition, FIDA-K is working to educate law enforcement agencies to understand female genital mutilation as a prosecutable offense. The Platform for Action adopted at the United Nations Fourth World Conference on Women calls for all governments to review and amend laws and enact legislation against sociocultural practices that contribute to women's susceptibility to HIV infection.

To Trace a Law: Use of Library Materials in a Classroom Exercise.

Science.gov (United States)

Shannon, Michael Owen

A legislative history shows the various stages in the process of enacting laws. In order to follow the legislative process the student is asked to select a topic of interest and research the various steps as a bill becomes law. Then he is given descriptions of some current and standard reference works which will help him find information on the…

Can a state house of assembly enact pension law in Nigeria ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 8, No 2 (2017) >. Log in or Register to get access to full text downloads.

Curriculum enactment patterns and associated factors from teachers' perspectives

Science.gov (United States)

Son, Ji-Won; Kim, Ok-Kyeong

2016-12-01

As part of a larger effort to improve teacher capacity for high-quality mathematics instruction, we investigated the factors that are associated with different enactment patterns at three levels: contextual (e.g., type and quality of textbook), individual (e.g., teacher knowledge), and teachers' opportunity-to-learn (e.g., professional development experiences). Analysis of 183 teachers' self-reports on their practices revealed three notable findings. First, the factors at the three levels were all found to be significantly related to the different patterns of enacted curriculum. However, the use of quality textbooks and the alignment of teachers' views and instructional goals with curriculum goals were found to be the two factors that are most strongly associated with the enactment pattern of high-level problems and high-level teacher questions in instruction. Furthermore, teachers with the enactment pattern of increasing lower cognitive demand of problems into higher ones tended to rate their curriculum knowledge higher than teachers with the enactment pattern of using low-level problems and teacher questions in their teaching. In particular, deviation from and dissatisfaction with their assigned low-quality textbooks were found to be critical factors that are associated with the enactment pattern of increasing lower cognitive demands of problems in instruction.

Legal Provisions, Discrimination and Uncertainty on LGBT community in Albania. Laws on human rights vs exerted rights of LGBT persons

Directory of Open Access Journals (Sweden)

Urjana Curi

2018-03-01

On March 13, 2010, the Anti-Discrimination Law, one of the essential legal instruments that protects human rights in Albania, and also includes the prohibition of discrimination on the basis of sexual orientation, came into force. Albania has already the Commissioner for Protection from Discrimination. Two LGBT organizations have already been established in Albania: the Alliance against Discrimination LGBT and LGBT Pro Albania. They aim to protect the rights of sexual minorities in Albania and promote a national movement of social mobilization to protect and promote the rights of this community in Albania

Countering money laundering and terrorism financing: can the resultant intrusion into the right of privacy by the law be justified?

OpenAIRE

Ruff, Adam Michael

2017-01-01

This thesis examines whether anti-money laundering and counter-terrorism financing (AML/CTF) law strikes the right balance between the need to counter money laundering and terrorism financing (ML/TF) and the need to preserve the right of privacy. To do this, the thesis examines both the effectiveness of AML/CTF law and the scope of the right of privacy. The thesis reviews the history of AML/CTF law, including attempts to estimate the size of the money laundering problem, and assesses the ...

Enacting science

Science.gov (United States)

MacDonald, Anthony Leo

My study examines the development of forms of knowing that arise when students engage in open-ended explorations involving self-directed design and building involving simple materials. It is grounded in an enactivist theoretical perspective on cognition which holds that the creation of action-thought processes for engaging the world is interwoven with the meanings that are constructed for these experiences. A dynamic conception of persons-acting-in-a-setting is fundamental to an enactivist view of cognition. How is understanding enacted in building activity? How does the shape of a problem emerge? How do students enact meaning and understanding when they experience a high degree of physical engagement in building things? What are some characteristics of an enactive learning/teaching environment? My research settings comprise a range of individual, group and classroom engagements of varying lengths over a three and one-half year period. The first research episode involved two grade eight students in an investigation of Paper Towels. The second four month engagement was in a grade nine science class that culminated in the building of a Solar House. The third grade ten episode involved a one month project to build a Mousetrap Powered Car. A fourth Invent a Machine project was conducted in two grade eight science classes taught by the teacher who participated in the Solar House project. Two students were present in three of the four projects. I interviewed one of these students upon completion of his high school physics courses. I found that building is a form of thinking which develops competency in managing complex practical tasks. A triadic relationship of exploration, planning and acting is present. Practical and procedural understandings emerge as students enter and re-enter self-directed problem settings. Thinking patterns depend on the kinds of materials chosen, the ways they are used, and on how students contextualize the problem. Classroom assessment

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

International Nuclear Information System (INIS)

Wilhelm, H.

1986-01-01

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

"The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

Science.gov (United States)

Perlin, Michael L

2014-01-01

In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work. Copyright © 2014 Elsevier Ltd. All rights reserved.

Regulatory approaches to obesity prevention: A systematic overview of current laws addressing diet-related risk factors in the European Union and the United States.

Science.gov (United States)

Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M

2015-06-01

High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

Procrastination in Recognizing the Rights of Domestic Workers in ...

African Journals Online (AJOL)

But there is procrastination in the enactment of the regulation. This article examines the legal gaps in regulating domestic workers, its gender effects and the tenability of the reasons behind the procrastination. To this end, the article examines various sources, including laws, interviews, reports, ILO conventions, and ...

Changing International ‘Subjectivity’ and Rights and Obligations under International Law – Status of Corporations

Directory of Open Access Journals (Sweden)

Merja Pentikäinen

2012-01-01

Full Text Available Globalisation, liberation of trade supported by institutions such as the WTO, the unprecedented internationalisation of companies' activities in the global market, the creation of even larger company entities (including multinational corporations and the ensuing growth of business power have radically restructured the equilibrium of companies' relations with state and society. In the contemporary world many companies are de facto stronger and more influential actors than states, and their activities have concrete effects on political, cultural and societal aspects in the countries where they operate or to which they have other business links. These developments have created new kinds of challenges, e.g. for the protection of human rights which may be undermined by business activities. In this situation corporations are increasingly expected to pay due regard to avoiding activities contributing to human rights violations. The doctrine of subjects of international law (international 'subjectivity' considers states as the primary subjects, in addition to which also some other actors have been granted the status as a subject, including even corporations. This article sheds light on the shifts that have taken place in the doctrine of international 'subjectivity' and the paradigm of rights and obligations under international law linked to this 'subjectivity'. Particular attention is paid to the position of corporations, and the exploration is conducted through the prism of the development of rights and obligations in the area of international human rights law.

The Evolving Law of Disputed Relocation: constructing inner-city renewal practices in Shanghai, 1990-2005.

Science.gov (United States)

Shih, Mi

2010-01-01

The forceful pursuit of inner-city renewal in Shanghai since the early 1990s has to a great extent achieved spatial modernization, but at the same time it has given rise to increasing conflicts over residential relocation. Using law as a prism through which to examine the dialectic relationship between renewal practices and disputed relocation, this article argues that the series of unprecedented enactments in law that have taken place during this period have both paved the way for real estate market expansion and been a significant source of relocation disputes in Shanghai. Rather than viewing law as simply given and determinate, the article traces the regulatory regime's codification of property practices as a means of actively responding to the requirements of the real estate market. Under large-scale renewal practices, residents' legal rights of "return settlement" (huiban) in inner-city areas were largely denied in the early 1990s, before being effectively abolished by the adoption of monetary compensation for displacement in the 2000s. The evolving law on property practices has greatly shaped the process of disputed relocation while simultaneously posing a potential challenge to China's use of law for market-oriented development.

Gross human rights violations and reparation under international law: approaching rehabilitation as a form of reparation.

Science.gov (United States)

Sveaass, Nora

2013-01-01

The strengthening of international criminal law through an increased focus on the right to reparation and rehabilitation for victims of crimes against humanity represents an important challenge to health professionals, particularly to those in the field of trauma research and treatment. A brief outline of some developments in the field of international law and justice for victims of gross human rights violations is presented, with a focus on the right to reparation including the means for rehabilitation. The fulfillment of this right is a complex endeavor which raises many questions. The road to justice and reparation for those whose rights have been brutally violated is long and burdensome. The active presence of trauma-informed health professionals in this process is a priority. Some of the issues raised within the context of states' obligations to provide and ensure redress and rehabilitation to those subjected to torture and gross human rights violations are discussed, and in particular how rehabilitation can be understood and responded to by health professionals.

Role of management devices in enacting strategy

DEFF Research Database (Denmark)

Harritz, Daniel

2016-01-01

the SSC’s creation. Originality/value - This study is the first to use a performative method to highlight the temporary and local nature of enacting strategic decisions to construct an SSC in the public sector. Keywords: Management control, SSC, strategic change, actor-network theory, organizational......Purpose - This study illustrates the role of management devices in enacting strategy and strategic decisions, resulting in the development of a Shared Service Centre (SSC) in a Danish municipality. It shows how devices interact in defending, rejecting and reframing strategy, leading to the closure...... the active role of non-human entities, such as management devices, in enacting and reformulating strategy. Findings - Different devices have become key actants in shaping and formulating the new strategy in the municipality and the strategic decision to construct a SSC. However, different devices mobilise...

Police-community safety and trust.

Science.gov (United States)

Williams, Rich

2017-08-01

(1)In 2017 alone, 46 states have enacted over 270 laws affecting policing. (2) At least six states have enacted laws to train the public on their rights and expectations during police interactions. (3) Police are increasingly partnering with health care professionals to more safely respond to mental health and substance use disorders.

Law Enforcement of Cyber Terorism in Indonesia

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Sri Ayu Astuti

2015-12-01

Full Text Available Cyber terrorism is one of the category of crimes that cross border organized and has been established as an extraordinary crime. This crime is becoming a serious threat to countries in the world. In this regard, the Government's attitude of firmness needed to enforce cyber laws against the freedom development in social media. The development of the immeasurable it in the country of Indonesia required the limitations by doing legal liability over the behavior of law which deviates towards the use of technology tools. Strict law enforcement efforts as a clear attitude to stop actively moving massive terrorism, by enacting the provisions of the law on information and electronic transactions as well as the law of terrorism effectively. How To Cite: Astuti, S. (2015. Law Enforcement of Cyber Terorism in Indonesia. Rechtsidee, 2(2, 157-178. doi:http://dx.doi.org/10.21070/jihr.v2i2.82

The right to die: the place of religion, ethics and the law | Kolade ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... Life is the state of being alive; it is a prominent feature of any living being. ... The issue of 'right to die' and end-of-life-decisions deeply rooted in the concept of ...

Enacting National Seabed Mining Laws in Africa: Importance of a Practitioner’s Perspective

Directory of Open Access Journals (Sweden)

Nicholas N. Kimani

2015-09-01

Full Text Available Countries should develop seabed mining laws that maintain environmental and social protections, yet whose safeguard rules are easier to understand and can be implemented at lower cost. Blindly adopting foreign laws, however well drafted, may result in a regime that is fragmented, inefficient and costly to administer from industry’s perspective. Insights from Kenya, demonstrates the value of adopting a practitioners perspective to identify practical problems, potential opportunities and important policy issues.

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

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-06-01

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

The definition of the sources of the criminal law

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Анна Суренівна Сохікян

2016-01-01

power law. Thus, the sources of criminal law, depending on various criteria (for example, form and content can be viewed from different sides. However, we propose to consider the sources of criminal law only formal-legal. Conclusions of the research. The form of law is multi-faceted, multi-level and multi-valued, not existing in isolation. It is not based on the content of the phenomenon. Formality in criminal law is manifested in the enactment of criminal law norms in normative legal acts. The analyzed aspect I would like to pay special attention to the confluence of the sources of criminal law and its forms, that is, formal-legal aspect. Not coincidentally, all of the above sources exist in the legal system in the form of legal acts. Therefore, the shape of the sources of criminal law must be textually reflect the standards enshrined in legal act. In addition to the form and content, plays an important entity that establishes a particular norm as criminal law. So, legal effectiveness and social significance of each source of law depends on what place in the state authorities took the body. Regarding the sources of criminal law, I would like to mention that only certain bodies have the authority to create relevant normative-legal acts, to amend and repeal the last. Thus, the Verkhovna Rada ofUkraineis able to influence the criminal legislation ofUkraine, with changes. Based on the foregoing, the people's deputies ofUkrainehave the right to submit draft laws on amending the criminal law.

A Content Analysis of Protective Factors within States' Antibullying Laws

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Weaver, Lori M.; Brown, James R.; Weddle, Daniel B.; Aalsma, Matthew C.

2013-01-01

State lawmakers have responded to school bullying by crafting antibullying legislation. By July 2011, 47 states enacted such laws, though varied widely in content and scope. This study systematically evaluated each state's antibullying legislation by focusing on the inclusion of individual, parental, and systemic protective factors through…

Luxury in ancient Rome: scope, timing and enforcement of sumptuary laws

NARCIS (Netherlands)

Dari-Mattiacci, G.; Plisecka, A.E.

2010-01-01

Between 182 BC and 18 BC, Roman lawmakers enacted a series of sumptuary laws regulating banquets (including the number of guests and the consumption of specific foods). Moreover, enforcement was hardly successful and these regulations were reiterated over time. Traditional explanations based on

Smoke-free laws, gender, and reduction in hospitalizations for acute myocardial infarction.

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Hahn, Ellen J; Rayens, Mary Kay; Burkhart, Patricia V; Moser, Debra K

2011-01-01

We examined gender differences in the incidence of acute myocardial infarction (AMI) after the passage of a smoke-free law in Lexington, Kentucky. The initial legislation had exemptions not covering manufacturing facilities and government buildings, which may have put men at greater risk for AMI. We examined the effect of Lexington's smoke-free public places law on hospitalizations for AMI (i.e., heart attack) among men and women 40 months prior to and 32 months after enactment of the law. We used the statewide administrative database (Comp Data) for all hospital billing records for the four health-care systems in Lexington-Fayette County. Cases were included in the analysis if (1) the patient was $35 years of age; (2) the patient had a primary discharge diagnosis of AMI, with an International Classification of Diseases, Ninth Revision code in the range of 410.00 to 410.99; and (3) the date of service was between January 1, 2001, and December 31, 2006. Among women, AMI hospitalizations declined 23% after the law took effect. The rate of AMI events among men did not change significantly. There was an overrepresentation of women in the hospitality industry and a disproportionate number of men working in manufacturing facilities and government worksites not mandated by the law. We found gender differences in the reduction of AMI hospitalizations following implementation of a smoke-free law that covered only some sectors of the workforce. Enacting smoke-free laws that cover all places of employment and strengthening existing partial laws may extend protection against AMIs to female and male workers.

Exploring the challenges of the Iranian parliament about passing laws for resource allocation in healthcare: a qualitative study.

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Mohsenpour, Seyed Ramezan; Arab, Mohammad; Razavi, Seyed Hasan Emami; Sari, Ali Akbari

2017-10-01

Awareness about the process of law making and the factors that affect the legislative process have an important role in improving legislations that are approved by parliaments. This study aimed to explore and analyze the process of development and enactment of law in Iran's parliament, and factors that might affect the enactment of laws that are related to the allocation and distribution of health sector resources in Iran. In this case study, data were collected through review of literature and national documents, and experts' interviews. Interviews were performed with selected members of parliament (MPs), ex members of parliament and professionals from the Ministry of Health and Medical Education (MOHME) (15 persons). MAX QDA 10 was used for coding and constructing themes. Data were analyzed in five steps (familiarization, developing a conceptual framework, coding, indexing, and interpretation) using a content analysis with inductive and deductive approaches. The main factors that could affect the approval and enactment of legislations related to allocation of healthcare resources in the Iranian parliament were categorized in seven themes including: Importance of issue, resource availability, legislator's awareness about the topic, lobbying and unofficial relations with influential officials, mentioning strong reasons by MOHME, weakness of previous laws, and positive feedback related to the same laws. Although the process of law making in parliament, and implementation of them in health organizations have legal stages, the study showed that several key factors affect this trend. In fact, it is suggested the health policy makers and MPs consider extending a range of factors to improve the process of law making and the efficiency of legislation related to allocation of healthcare resources.

Exploring the challenges of the Iranian parliament about passing laws for resource allocation in healthcare: a qualitative study

Science.gov (United States)

Mohsenpour, Seyed Ramezan; Arab, Mohammad; Razavi, Seyed Hasan Emami; Sari, Ali Akbari

2017-01-01

Background Awareness about the process of law making and the factors that affect the legislative process have an important role in improving legislations that are approved by parliaments. Objective This study aimed to explore and analyze the process of development and enactment of law in Iran’s parliament, and factors that might affect the enactment of laws that are related to the allocation and distribution of health sector resources in Iran. Methods In this case study, data were collected through review of literature and national documents, and experts’ interviews. Interviews were performed with selected members of parliament (MPs), ex members of parliament and professionals from the Ministry of Health and Medical Education (MOHME) (15 persons). MAX QDA 10 was used for coding and constructing themes. Data were analyzed in five steps (familiarization, developing a conceptual framework, coding, indexing, and interpretation) using a content analysis with inductive and deductive approaches. Results The main factors that could affect the approval and enactment of legislations related to allocation of healthcare resources in the Iranian parliament were categorized in seven themes including: Importance of issue, resource availability, legislator’s awareness about the topic, lobbying and unofficial relations with influential officials, mentioning strong reasons by MOHME, weakness of previous laws, and positive feedback related to the same laws. Conclusion Although the process of law making in parliament, and implementation of them in health organizations have legal stages, the study showed that several key factors affect this trend. In fact, it is suggested the health policy makers and MPs consider extending a range of factors to improve the process of law making and the efficiency of legislation related to allocation of healthcare resources. PMID:29238478

EL DERECHO A LA EDUCACIÓN Y SUS REGULACIONES BÁSICAS EN EL DERECHO CONSTITUCIONAL CHILENO E INTERNACIONAL DE LOS DERECHOS HUMANOS THE RIGHT TO EDUCATION AND REGULATIONS BASIC IN THE CHILEAN CONSTITUTIONAL LAW AND THE INTERNATIONAL HUMAN RIGHTS LAW

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Humberto Nogueira Alcalá

2008-01-01

Full Text Available A través del presente artículo se delimita el derecho a la educación determinando los atributos básicos que constituyen el derecho y sus fronteras, teniendo en consideración el derecho constitucional y el derecho internacional de los derechos humanos, es especial el Pacto Internacional de Derechos Económicos, Sociales y Culturales de Naciones Unidas, como asimismo, se consideran las líneas básicas jurisprudenciales en la materia.Through this article delineates the right to education by determining the basic attributes that make up the law and its borders, taking into consideration the constitutional law and international law of human rights, especially the International Convention of Economic, Social and Cultural Rights, as also are considered the basic lines of jurisprudence in this area.

State aid in the EU law and national law

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Divljak Drago

2011-01-01

Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

Luxury in ancient Rome: scope, timing and enforcement of sumptuary laws

NARCIS (Netherlands)

Dari-Mattiacci, G.; Plisecka, A.E.

2010-01-01

Between 182 BC and 18 BC, Roman lawmakers enacted a series of sumptuary laws regulating banquet expenditures. These regulations included a maximum for the number of guests and restrictions on specific foods; moreover, they were reiterated over time but were rarely enforced. Traditional explanations

Lawmaking process and non-governmental stakeholders in China’s Antimonopoly Law

DEFF Research Database (Denmark)

Tang, Yi Shin

2015-01-01

The article provides a critical account of the political interests behind the enactment of China’s competition law and argues that, contrary to standard view, the influences of foreign and local stakeholders have been differently incorporated by local lawmakers, which resulted in a distinctive...

Which characteristics of planning matter? Individual and dyadic physical activity plans and their effects on plan enactment.

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Keller, Jan; Fleig, Lena; Hohl, Diana Hilda; Wiedemann, Amelie U; Burkert, Silke; Luszczynska, Aleksandra; Knoll, Nina

2017-09-01

Past research supports individual planning as an effective intervention strategy to increase physical activity in individuals. A similar strategy, dyadic planning, adds a planning partner who supports an individual's planning processes. Whether the two planning formats differ in terms of participants' entered plan content and whether and how different content characteristics are linked to plan enactment remains unknown. By investigating the content of generated plans, this study aimed at distinguishing plan characteristics of the two planning formats and examining their role as predictors of later plan enactment. Secondary analyses of a three-arm RCT with German couples (data collection between 2013 and 2015). Couples were assigned to an individual (IPC, n = 114) or dyadic planning condition (DPC, n = 111) and formulated up to 5 physical activity plans for a target person. Couples assigned to a control condition were not included as they did not generate plans. The following characteristics were distinguished and coded for each plan: number of planned opportunities, presence of a planned routine, planned cue- or activity-related specificity, activity-related intensity, and chronological plan rank. One week before (T0) and two weeks following (T2) the intervention (T1), increase vs. no increase of the planned activity was coded as a dichotomous plan enactment variable. Multilevel logistic regressions were fit. Plan enactment was higher in dyadic than in individual planners. Findings indicated that routines (e.g., after work) were positively related to plan enactment, whereas a high specificity of when-cues (e.g., Friday at 6.30 p.m.) showed a negative relationship. None of the examined plan characteristics could explain differences in enactment between IPC and DPC. Linking health behaviours to other behavioural routines seems beneficial for subsequent plan enactment. Dyadic planning was linked with higher enactment rates than individual planning. However, as

From action planning and plan enactment to fruit consumption: moderated mediation effects.

Science.gov (United States)

Kasten, Stefanie; van Osch, Liesbeth; Eggers, Sander Matthijs; de Vries, Hein

2017-10-23

Sufficient fruit consumption is beneficial for a healthy live. While many Dutch adults intent to eat the recommended amount of fruit, only 5-10% of the population actually adheres to the recommendation. One mechanism that can help to narrow this gap between intention and actual fruit consumption is action planning. However, action planning is only assumed to be effective if plans are enacted. This study assessed which action plans are made and enacted, and further aimed to investigate two main hypotheses: 1. the effect of action planning (at T1) on fruit consumption (at T2) is mediated by plan enactment (at T3); 2. positive intentions (2a), high self-efficacy (2b) and a strong habit to eat fruit (2c) enhance the mediation of plan enactment, whereas a strong habit to eat snacks (2d) hinders the mediation of plan enactment. This study was a self-reported longitudinal online survey study. A total of 428 participants filled in a survey, measuring demographic factors (e.g. gender, age, education level), several socio-cognitive constructs (i.e. attitudes, self-efficacy, habit, action planning, plan enactment), and fruit consumption, at three points in time (baseline, after 1 month, and after 3 months). Mediation and moderated mediation analyses were used to investigate the planning-plan enactment- fruit consumption relationship. Up to 70% of the participants reported to have enacted their T1 action plans at T2. Action planning on fruit consumption was fully mediated by plan enactment (Hypothesis 1). All four proposed moderators (i.e. intention, self-efficacy, habit to consume fruit, and habit to consume snacks) significantly influenced the mediation (Hypotheses 2a-2d). Mediation of plan enactment was only present with high levels of intention, high levels of self-efficacy, strong habits to eat fruit, and weak habits to eat snacks. The study suggests the importance of plan enactment for fruit consumption. Furthermore, it emphasizes the necessity of facilitating factors

The Voice of the Law in Transition

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Rafiqa Qurrata A'yun

2015-08-01

Full Text Available It is no doubt that the law has a tight relation with the language. We can see how language works in law since it comes from the idea, being enacted, and enforced. That is why language has a significant role along the legal process. This article will review the book written by Ab Massier which assumes at least three aspect of linguistic job in law: doing law is acting by means of language into a lingual activity, which is based on texts, and is resulting in texts. The main issue in this book is based on the problems of Indonesian language of the law which has replaced the Dutch language. Massier criticize instrumental approach to language and the impact of Dutch in Indonesian law language. His analysis refers to James Boyd White's statement about a translation of authoritative texts as the primary feature to define law itself. It is the perspective of doing law as a lingual activity that consists of communicating, speaking, and writing. Almost all legal processes produce texts, and therefore the text means the authority of the law.

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

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Tice, Terrence N.

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

Creating One's Reality: The Interaction of Politics Perceptions and Enactment Behavior.

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Frieder, Rachel E; Ma, Shuang Sara; Hochwarter, Wayne A

2016-01-01

The current study investigated the previously unexamined relationship between politics perceptions and employee enactment behavior. Consistent with previous job stress and sense-making research, we hypothesized that individuals reporting low levels of enactment behaviors would be more adversely affected by politics perceptions than those who engaged in high levels of enactment behavior. Results across two samples provided strong support for the hypothesized relationships. Specifically, employees who reported low levels of enactment behavior experienced less satisfaction, less person-environment fit, and reported lower levels of effort when faced with highly political environments. Conversely, levels of satisfaction and person-environment fit perceptions of individuals reporting high levels of enactment behaviors were largely unaffected by highly political contexts. Implications of these findings, strengths and limitations, and avenues for future research are provided.

HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

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Laura-Cristiana SPĂTARU-NEGURĂ

2017-05-01

Full Text Available After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.

Enactment or performance? A non-dualist reading of Goffman

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Hafermalz, Ella; Riemer, Kai; Boell, Sebastian

2016-01-01

This paper contributes to the sociomateriality research orientation with a critical examination of two concepts – enactment and performance – that have been associated with the notion of performativity. While a preference for the term enactment has been expressed in influential IS literature, we

Rights reserved to parliament in connection with the atomic energy laws

International Nuclear Information System (INIS)

Loeffler, K.

1985-01-01

The peaceful use of nuclear energy is a key problem in the field of force created by the counter vailing interests of the economy and ecology, a problem that is a first-rate challenge to the institutions of our constitutional state. This book is intended to explain the constitutional key problem in the field of nuclear energy utilization: Does the institution ''parliament'' - primarily the Federal Parliament which by our Basic Law is assigned the function of an ''institutional centre of political affairs'' - accept the challenge or does it evade the responsibility for problems relating to the principles of our society. The author primarily reveals and discusses the task and rights to be reserved to parliament within the vast field of governmental activities, so that the large framework of legislative means of impact is left out of consideration, although some individual aspects now and then are considered as additional items which contribute to explain the point discussed. The constitutional standard is the rights reserved to parliament which, according to the theory of material and essential matters developed by the Federal Constitutional Court, include vital decisions with impact on the future development of our society, and not only problems relating to the Basic Law, as was hitherto accepted. This extended approach applies to problems solvable by legislative means. (orig./HP) [de

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...

What contributes to action plan enactment? Examining characteristics of physical activity plans.

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Fleig, Lena; Gardner, Benjamin; Keller, Jan; Lippke, Sonia; Pomp, Sarah; Wiedemann, Amelie U

2017-11-01

Individuals with chronic conditions can benefit from formulating action plans to engage in regular physical activity. However, the content and the successful translation of plans into action, so-called plan enactment, are rarely adequately evaluated. The aim of this study was to describe the content of user-specified plans and to examine whether participants were more likely to enact their plans if these plans were highly specific, viable, and instrumental. The study presents secondary analyses from a larger behavioural intervention in cardiac and orthopaedic rehabilitation. The content of 619 action plans from 229 participants was evaluated by two independent raters (i.e., qualitative analyses and ratings of specificity) and by participants themselves (i.e., instrumentality and viability). Plan enactment was also measured via self-reports. Multilevel analyses examined the relationship between these plan characteristics and subsequent plan enactment, and between plan enactment and aggregated physical activity. Participants preferred to plan leisure-time physical activities anchored around time-based cues. Specificity of occasion cues (i.e., when to act) and highly instrumental plans were positively associated with plan enactment. Interestingly, individuals who planned less specific behavioural responses (i.e., what to do) were more likely to enact their plans. Plan enactment was positively associated with aggregated behaviour. Interventions should not only emphasize the importance of planning, but also the benefits of formulating specific contextual cues. Planning of the behavioural response seems to require less precision. Allowing for some flexibility in executing the anticipated target behaviour seems to aid successful plan enactment. Statement of Contribution What is already known on this subject? Action planning interventions are efficacious in promoting health behaviour. Characteristics of plan content (i.e., specificity) matter for unconditional behaviour

Sexual exploitation and trafficking of the young and vulnerable: reflections on a legal, ethical, and human rights disgrace.

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English, Abigail

2011-08-01

Sexual exploitation and trafficking of the young and vulnerable has devastating consequences for their physical and emotional development, health, and well-being. The horrific treatment they suffer bears the hallmarks of evil made manifest. Governments have enacted laws pursuant to international treaties, conventions, and protocols. Nonprofit and nongovernmental organizations (NGOs) are working to prevent young people from being exploited and trafficked, to identify victims, and to provide services to survivors. Progress in addressing the problem is haltingly slow in relation to its magnitude. The prevalence and persistence of this phenomenon is an ethical, legal, and human rights disgrace.

The current state of Contract Law in Australia and why it is important for rural managers to understand it

OpenAIRE

Smith, Tony

2011-01-01

Farmers are business managers and as such they must understand the law or they are likely to fall foul of it. This especially applies to contract law, with which they deal constantly. Contract law is made up of the common law – as the courts have decided it – and statute law- as the state and federal parliaments have enacted statutes which modify the common law. The most important and most recent of the latter is the new Australian Consumer Law.

Being part of an enacted togetherness: narratives of elderly people with depression.

Science.gov (United States)

Nyman, Anneli; Josephsson, Staffan; Isaksson, Gunilla

2012-12-01

In this article, we explored how five elderly persons with depression engaged in everyday activities with others, over time, and how this was related to their experience of meaning. Repeated interviews and participant observations generated data that was analysed using a narrative approach. Analysis identified togetherness as an acted relation, "enacted togetherness", emphasising how the act of doing everyday activities with someone created togetherness and belonging, and being part of an enacted togetherness seemed to be a way for the participants to negotiate and construct meaning. Opportunities for doing things together with someone were closely associated to the place where the participants lived. Furthermore, engagement in activities together with others created hope and expectations of future acting. Findings from this research can extend our understanding of how participating in everyday activities is experienced as a social process including change over time, presenting the perspective of elderly people themselves. In light of these findings, we highlight the need to consider how opportunities to become part of an enacted togetherness can be created. Also, we aspire to contribute to the debate on how to understand the complexity related to social aspects of ageing and add to the emerging understanding of everyday activities as transactional, incorporating people and the environment in a dynamic process that goes beyond the individual. Copyright © 2012 Elsevier Inc. All rights reserved.

Food Pedagogies in Japan: From the Implementation of the Basic Law on Food Education to Fukushima

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Reiher, Cornelia

2012-01-01

Japan's Basic Law on Food Education (Shokuiku kihonho) was enacted in June 2005 as a response to various concerns related to food and nutrition, such as food scandals, an increase in obesity and lifestyle-related diseases and an assumed loss of traditional food culture. The Law defines food education (shokuiku) rather vaguely as the acquisition of…

[Women are human: Brief guide on international human rights law for psychiatrists].

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Sobredo, Laura D

2017-07-01

Violence against women has gained public awareness in Argentina over the last few years. As any other social phenomena, gender violence is present in the work of psychiatrists, especially in the way they approach to clinical practice. International human rights' law enshrines the right of every women to live free from violence and to be treated with dignity and respect. This legal framework might nourish the practice of psychiatrists as a proposal for seeking cultural and social common grounds. The paper tries to get readers attention on the potentiality of this legal framework which ultimately, might in?uence not only everyday life but clinical practice as well.

An analysis on the issues of the rights of spouses in the Islamic Family Law in Malaysia

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Md Zawawi Bin Abu Bakar

2013-07-01

Full Text Available This paper intends to analyze problems regarding mutual rights of Muslims married couple in Malaysia. It has drawn the attention of many researchers to carry out studies on this issue since there have been accusations and complaints on the implementation of the Islamic Family Law (IFL by the Syariah Court, which is said to have discriminated the wife/women of their rights. The qualitative approach research employed interviews and content analysis as method of study on the Islamic Family Law as well as on the documented cases. The results of the research showed that among the most disputable cases were matters related to polygamy, fasakh, jointly acquired property and children custodian. Conversely, all data were analyzed by using the qualitative data analysis, concluded that the Islamic Family Law in Malaysia has infact implemented the concept of equality.

The enactment stage of end-of-life decision-making for children.

Science.gov (United States)

Sullivan, Jane Elizabeth; Gillam, Lynn Heather; Monagle, Paul Terence

2018-01-11

Typically pediatric end-of-life decision-making studies have examined the decision-making process, factors, and doctors' and parents' roles. Less attention has focussed on what happens after an end-of-life decision is made; that is, decision enactment and its outcome. This study explored the views and experiences of bereaved parents in end-of-life decision-making for their child. Findings reported relate to parents' experiences of acting on their decision. It is argued that this is one significant stage of the decision-making process. A qualitative methodology was used. Semi-structured interviews were conducted with bereaved parents, who had discussed end-of-life decisions for their child who had a life-limiting condition and who had died. Data were thematically analysed. Twenty-five bereaved parents participated. Findings indicate that, despite differences in context, including the child's condition and age, end-of-life decision-making did not end when an end-of-life decision was made. Enacting the decision was the next stage in a process. Time intervals between stages and enactment pathways varied, but the enactment was always distinguishable as a separate stage. Decision enactment involved making further decisions - parents needed to discern the appropriate time to implement their decision to withdraw or withhold life-sustaining medical treatment. Unexpected events, including other people's actions, impacted on parents enacting their decision in the way they had planned. Several parents had to re-implement decisions when their child recovered from serious health issues without medical intervention. Significance of results A novel, critical finding was that parents experienced end-of-life decision-making as a sequence of interconnected stages, the final stage being enactment. The enactment stage involved further decision-making. End-of-life decision-making is better understood as a process rather than a discrete once-off event. The enactment stage has particular

The United Nations Convention on the Rights of Persons with Disabilities: a new approach to decision-making in mental health law.

Science.gov (United States)

Morrissey, Fiona

2012-12-01

The UN Convention on the Rights of Persons with Disabilities (CRPD) requires us to engage in new approaches to decision-making in mental health law. The reclassification of mental health rights to the realm of disability rights is an important step towards equal treatment for persons with psychosocial disabilities. Law reformers worldwide are beginning to consider the implications of the provisions. Legislators will be required to understand the underlying philosophy of the CRPD to realise the rights set out in it. The CRPD possesses a number of innovative provisions which can transform decision-making in the mental health context. Article 12 provides a new conceptualisation of persons with disabilities and their capacity to participate by requiring support to exercise legal capacity. While good practice exists, the provision has yet to be fully implemented by many State Parties. This article discusses the impact of the CRPD on mental health law, legal capacity law and describes examples of supported decision-making models for mental health care.

The pro-heroin effects of anti-opium laws in Asia.

Science.gov (United States)

Westermeyer, J

1976-09-01

Over 25 years anti-opium laws were enacted by three Asian governments in countries where opium use was traditional. Within months, heroin use suddenly appeared; and within a decade, heroin addiction surpassed opium addiction. The laws led to (1) increased price of narcotic drugs, (2) a heroin "industry," (3) corruption of the law enforcement system, and (4) major health problems involving parenteral drug use. The Asian experience indicates that antinarcotic laws can be effective only with careful preparations: (1) changing society's attitude toward the traditional drug from ambivalence to opposition; (2) mobilizing resources to treat and rehabilitate all addicts within a short period of time; (3) developing the social will to incarcerate all "recidivist" addicts for a prolonged period; and (4) preventing narcotic production or importation.

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

Directory of Open Access Journals (Sweden)

Elena ANDREEVSKA

2014-05-01

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

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

International Nuclear Information System (INIS)

Schmidt-Assmann, E.; Schoch, F.

1994-01-01

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

Member States must apply most favoured nation treatment under EU law

NARCIS (Netherlands)

de Groot, I.M.

2014-01-01

According to case law from the Court of Justice of the European Union (CJEU), a Member State is not obliged to enact most favoured nation treatment if a tax treaty prescribes a certain type of tax treatment (bilateral most favoured nation treatment). In this article, the author discusses whether EU

Teachers' selection and enactment of mathematical problems from textbooks

Science.gov (United States)

Son, Ji-Won; Kim, Ok-Kyeong

2015-12-01

In order to investigate how teachers' use of textbooks creates different kinds of opportunities for student learning, this study focused on teachers' selection and enactment of problems and tasks from the textbooks and their influence on the cognitive demand placed on students. By drawing on data from three elementary teachers in the USA, two of which used a reform-oriented textbook— Math Trailblazers and one a commercially developed textbook—this study examined kinds of problems the teachers chose and ways in which they enacted those problems in relation to the cognitive demand of the problems. In particular, we attended to the kinds of questions the teachers asked in enacting the problems and ways in which those questions influenced the cognitive demand of the textbook problems. This study also identified critical issues involved in teacher decision-making on task selection and enactment, such as the match between teachers' goals and those of the textbooks, and teachers' perception of textbook problems. Based on the results of the study, we discuss implications for teacher education and professional development.

Reconciling the Historical and the Contemporary in Liturgical Enactment

DEFF Research Database (Denmark)

Petersen, Nils Holger

2016-01-01

A discussion of the problems and potential insights from reconstructing and modern re-enactments of medieval liturgical ceremonies. The author was a member of an International Research Group invited as discussants within a UK Research Council funded project "Experience of Worship in Late Medieval...... Cathedral and Parish Church" and in this article reflects theoretically on the practical re-enactment of medieval worship, historiographically as well as through modern theory of performativity.......A discussion of the problems and potential insights from reconstructing and modern re-enactments of medieval liturgical ceremonies. The author was a member of an International Research Group invited as discussants within a UK Research Council funded project "Experience of Worship in Late Medieval...

Owning genetic information and gene enhancement techniques: why privacy and property rights may undermine social control of the human genome.

Science.gov (United States)

Moore, A D

2000-04-01

In this article I argue that the proper subjects of intangible property claims include medical records, genetic profiles, and gene enhancement techniques. Coupled with a right to privacy these intangible property rights allow individuals a zone of control that will, in most cases, justifiably exclude governmental or societal invasions into private domains. I argue that the threshold for overriding privacy rights and intangible property rights is higher, in relation to genetic enhancement techniques and sensitive personal information, than is commonly suggested. Once the bar is raised, so-to-speak, the burden of overriding it is formidable. Thus many policy decisions that have been recently proposed or enacted--citywide audio and video surveillance, law enforcement DNA sweeps, genetic profiling, national bans on genetic testing and enhancement of humans, to name a few--will have to be backed by very strong arguments.

The Human Right to Water in Law and Implementation

Directory of Open Access Journals (Sweden)

Norbert Brunner

2015-08-01

Full Text Available Recent concerns about alleged insufficient water provision to the poor in Detroit, USA, has put the Human Right to Water (HRW into the international discussion. The paper asks: “To what extent did international human rights treaties make HRW judiciable?” and “How did government policies implement it?” In a cross-country comparison of performance indicators, merely accepting HRW has not been helpful in promoting affordable access to potable water or sanitation facilities close to the home, amongst the reasons being deficiencies in water-governance. Case-law confirmed that with respect to affordable access HRW obliges governments to a “progressive realization” only, also in countries accepting HRW (India, South Africa. The paper focuses on the resulting positive state obligation to establish funding programs for better water and sanitation services and analyzes funding policies by a mathematical model of policy goals. It identifies two viable goals namely the successful support for the poor, as in developing countries, and the most economic use of public funds, as in industrialized countries. Other goals conceivable for the model have been tried in the past and failed.

Farmers' laws and irrigation : water rights and dispute management in the hills of Nepal

NARCIS (Netherlands)

Poudel, R.

2000-01-01

The title of my Thesis is "Farmers' Laws and Irrigation: Water Rights and Dispute Management in the Hills of Nepal". This is based on a research I conducted in the Thulotar Kulo irrigation system in Nepal, during 1997 and 1998. Thulotar Kulo is a farmer-managed irrigation

Participation and Service Access Rights for People with Intellectual Disability: A Role for Law?

Science.gov (United States)

Carney, Terry

2013-01-01

Background: Supported decision-making and personal budgets for services are the new paradigms. Method: Supported decision-making proposals from the Australian State of Victoria are analysed against international trends to determine the viability of laws reflecting new international norms of the United Nations Convention on the Rights of Persons…

Poverty, Productivity, and Public Health: The Effects of "Right to Work" Laws on Key Standards of Living

Science.gov (United States)

Minor, Darrell

2012-01-01

On February 1, 2012, Indiana Governor Mitch Daniels signed a "right to work" (RTW) provision in the state's labor laws, making Indiana the 23rd RTW state in the nation. In addition to becoming the 23rd RTW state in the nation, Indiana is the first in more than a decade to pass a law undermining the ability of unions to organize and…

Biomedicine and international human rights law: in search of a global consensus.

Science.gov (United States)

Andorno, Roberto

2002-01-01

Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning. PMID:12571724

Fundamental rights, contract law and the protection of the weaker party: a comparative analysis of the constitutionalisation of contract Law, with emphasis on risky financial transactions

NARCIS (Netherlands)

Cherednychenko, O.O.

2007-01-01

Originally, contract law was considered to be immune from the effect of fundamental rights, the function of which was limited to being individual defences against the vigilant eye of the State. This traditional view, however, has recently been put under pressure as a result of fundamental rights

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

OpenAIRE

Maria Angélica Olivo Francisco Lucas; Maria Cristina Gomes Machado

2012-01-01

This article seeks to analyze the role of Early Childhood education in the period between the end of the Brazilian military dictatorship until the enactment of the current Lei de Diretrizes e Bases da Educação Nacional (National Educational Bases and Guidelines Law – LDB). This period represents a major step in the history of Early Childhood Education due to the development of documents that were essential to the acknowledgment of children’s rights, such as the Constituição Federal (Federal C...

A comprehensive review of state laws governing Internet and other delivery sales of cigarettes in the United States.

Science.gov (United States)

Chriqui, Jamie F; Ribisl, Kurt M; Wallace, Raedell M; Williams, Rebecca S; O'Connor, Jean C; el Arculli, Regina

2008-02-01

All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail-order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (a) document the historical enactment of the laws; (b) assess the nature and extent of the laws; and (c) examine the relationship between the presence of laws and state tobacco control policy and other contextual variables. Between 1992 and 2006, 34 states (67%) enacted a relevant law, with 27 states' laws (45%) effective between 2003 and 2006. Five states banned direct-to-consumer shipment of cigarettes. The remaining 29 states' laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws have stronger youth tobacco access policies and state tobacco control environments, as well as higher state cigarette excise tax rates and revenue, past-month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion.

"Just another hoop to jump through?" using environmental laws and processes to protect indigenous rights.

Science.gov (United States)

Middleton, Beth Rose

2013-11-01

Protection of culturally important indigenous landscapes has become an increasingly important component of environmental management processes, for both companies and individuals striving to comply with environmental regulations, and for indigenous groups seeking stronger laws to support site protection and cultural/human rights. Given that indigenous stewardship of culturally important sites, species, and practices continues to be threatened or prohibited on lands out of indigenous ownership, this paper examines whether or not indigenous people can meaningfully apply mainstream environmental management laws and processes to achieve protection of traditional sites and associated stewardship activities. While environmental laws can provide a "back door" to protect traditional sites and practices, they are not made for this purpose, and, as such, require specific amendments to become more useful for indigenous practitioners. Acknowledging thoughtful critiques of the cultural incommensurability of environmental law with indigenous environmental stewardship of sacred sites, I interrogate the ability of four specific environmental laws and processes-the Uniform Conservation Easement Act; the National Environmental Policy Act and the California Environmental Quality Act; the Pacific Stewardship Council land divestiture process; and Senate Bill 18 (CA-2004)-to protect culturally important landscapes and practices. I offer suggestions for improving these laws and processes to make them more applicable to indigenous stewardship of traditional landscapes.

The right to information in criminal proceedings in the light of proposed changes of the Criminal Law Codification Commission

OpenAIRE

Andrzejewska, Marzena

2013-01-01

The article addresses the issue of the right to information from the point of view of the participants of criminal proceedings. The execution of the right contributes to the principle of equality between the parties, secure execution of the adversarial principle, transparency and to creating the image of law-abidingness and transparent jurisdiction in the mindset of society. Particular attention has been paid to the draft amendment to the Criminal Procedure Code, prepared by the Criminal Law ...

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

Institute of Scientific and Technical Information of China (English)

CHU Zhihong; GUO Xiangyu

2007-01-01

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

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

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...

Environmental laws in Pakistan with case la w analysis

International Nuclear Information System (INIS)

Khan, M.S.

2005-01-01

Laws of Nature should be respected in the interest of the human race. It is very hard to go against them. Doing so will only result in the subsequent devastation of this earth and its inhabitants. The literal meaning of environment is 'life around us in which we all exist'. The word environment caught world attention after various protest and demonstrations by environmentalists' during the early 70s. Issues like Deforestation, Industrialization and Pollution in the urban cities of Pakistan are constantly increasing and are affecting the quality of life significantly. Increasing drudgeries regarding environmental issues have forced governing bodies and jurists to take some pragmatic action in the form of environmental laws. The legislature, executive and judiciary of Pakistan have yet not adequately and effectively realized this hard fact. It is also aggravating that the courts of law are reluctant to take a stand on this hard-core issue of environmental protection and preservation. The era from 1983 to 1997 appears to be the period of heightened environmental awareness in Pakistan. The very first Environmental Protection Ordinance 1983 was promulgated in this period, which laid the foundation stone of a new environmental legal system for Pakistan. A campaign started which worked hard for the enactment of Environmental Protection Act, 1997. This Act is not the last step but the best prevailing and available remedy for environment control in Pakistan. This research paper aims to analyze the development of environmental laws in Pakistan, important environmental statutes enacted in Pakistan, implementation and enforcement mechanisms contained in the Pakistan Environmental Protection Act, 1997, environmental treaties effective for Pakistan, public interest litigation, judicial activism, conclusions and suggestions. Specific emphasis will be on case law and the interpretation of environmental issues by the Pakistani Courts. In the end the repercussions of environment

The effect of same-sex marriage laws on different-sex marriage: Evidence from The Netherlands

OpenAIRE

Mircea Trandafir

2009-01-01

It has long been argued that the legalization of same-sex marriage would have a negative impact on marriage. In this article, I examine how different-sex marriage in the Netherlands was affected by the enactment of two laws: a 1998 law that provided all couples with an institution almost identical to marriage (a “registered partnership”) and a 2001 law that legalized same-sex marriage for the first time in the world. I first construct a synthetic control for the Netherlands using OECD data fo...

An enactive and dynamical systems theory account of dyadic relationships

Directory of Open Access Journals (Sweden)

Miriam eKyselo

2014-05-01

Full Text Available Many social relationships are a locus of struggle and suffering, either at the individual or interactional level. In this paper we explore why this is the case and suggest a modeling approach for dyadic interactions and the well-being of the participants. To this end we bring together an enactive approach to self with dynamical systems theory. Our basic assumption is that the quality of any social interaction or relationship fundamentally depends on the nature and constitution of the individuals engaged in these interactions. From an enactive perspective the self is conceived as an embodied and socially enacted autonomous system striving to maintain an identity. This striving is involves a basic two-fold goal: the ability to exist as an individual in its own right, while also being open to and affected by others. In terms of dynamical systems theory one can thus consider the individual self as a self-other organized system represented by a phase space spanned by the dimensions of distinction and participation, and in which attractors can be defined. Based on two everyday examples of dyadic relationship we propose a simple model of relationship dynamics in which struggle or well-being in the dyad is analyzed in terms of movements of dyadic states that are in tension or in harmony with individually developed attractors. Our model predicts that relationships can be sustained when the dyad develops a new joint attractor towards which dyadic states tend to move, and well-being when this attractor is in balance with the individuals’ attractors. We outline how this can inspire research on psychotherapy. The psychotherapy process itself provides a setting in which participants can become aware how they fare with regards to the two-fold norm of distinction and participation and develop, through active engagement between client (or couple and therapist, strategies to co-negotiate their self-organization.

An enactive and dynamical systems theory account of dyadic relationships.

Science.gov (United States)

Kyselo, Miriam; Tschacher, Wolfgang

2014-01-01

Many social relationships are a locus of struggle and suffering, either at the individual or interactional level. In this paper we explore why this is the case and suggest a modeling approach for dyadic interactions and the well-being of the participants. To this end we bring together an enactive approach to self with dynamical systems theory. Our basic assumption is that the quality of any social interaction or relationship fundamentally depends on the nature and constitution of the individuals engaged in these interactions. From an enactive perspective the self is conceived as an embodied and socially enacted autonomous system striving to maintain an identity. This striving involves a basic two-fold goal: the ability to exist as an individual in one's own right, while also being open to and affected by others. In terms of dynamical systems theory one can thus consider the individual self as a self-other organized system represented by a phase space spanned by the dimensions of distinction and participation, where attractors can be defined. Based on two everyday examples of dyadic relationship we propose a simple model of relationship dynamics, in which struggle or well-being in the dyad is analyzed in terms of movements of dyadic states that are in tension or in harmony with individually developed attractors. Our model predicts that relationships can be sustained when the dyad develops a new joint attractor toward which dyadic states tend to move, and well-being when this attractor is in balance with the individuals' attractors. We outline how this can inspire research on psychotherapy. The psychotherapy process itself provides a setting that supports clients to become aware how they fare with regards to the two-fold norm of distinction and participation and develop, through active engagement between client (or couple) and therapist, strategies to co-negotiate their self-organization.

PROBLEMATIC APPLICATION OF CRIMINAL REVOCATION OF POLITICAL RIGHTS IN PERSPECTIVE OF CORRUPTION LAW

Directory of Open Access Journals (Sweden)

Edi As’Adi

2015-05-01

Full Text Available The spirit of fighting corruption in Indonesia based on the spirit of the Declaration of the 8th International Conference against Corruption and Indonesia United Nations Convention against Corruption (UNCAC UN 58/ 4 dated October 31, 2003, and Law No. 7 of 2006 on the Ratification of the UN Convention on Anti-Corruption of 2003 and Act No. 20 of 2001. The implementation of the Law on Corruption tends not optimal. As a new breakthrough reached the imposition of criminal sanctions in the form of revocation of political rights for the accused of corruption. Although in practice the criminal is considered unconstitutional. Given the enormous impact of corruption, namely the loss suffered by the people and the state, the current criminal disenfranchisement for perpetrators of political corruption has been duly applied.

Carnivalesque Enactment at the Children's Medical Centre of Rabin Hospital.

Science.gov (United States)

Lev-Aladgem, Shulamith

2000-01-01

Describes the basic characteristics of the "carnivalesque enactment" and its therapeutic potential. Explains a case study of the drama project at the Rabin Children's Medical Centre, how the carnivalesque enactment was developed step by step, and the kind of effect it stimulated among the children. Suggests new theatrical experiments with…

Definition of life law and the situation with problems of China's life jurisprudence.

Science.gov (United States)

Liu, Changqiu

2008-12-01

Life law is a new conception brought by the development of modern life science and biotechnology. There are many different ideas on the conception of life law in academy. The definition of life law should be footed on the domain of bioethics. Based on bioethics, life law is a group of legislations which are enacted or acknowledged by the state and implemented by the state compulsively with the goal of regulating all types of relations revolving the survival as well as terminal of human beings and some other creatures which play important roles in the maintenance of human's life and health. There are many problems in China's study on science of life law, which need paying special attention to by China's scholars.

The Willink Minority Commission and minority rights in Nigeria ...

African Journals Online (AJOL)

Consequently, copious provisions to protect some basic human rights and fundamental freedoms of all Nigerians were enshrined in the independence constitution. This article examines the debates about minority rights in the work of the Willink Commission and the circumstances leading to the enactment of human rights ...

One-punch Laws, Mandatory Minimums and ‘Alcohol-Fuelled’ as an Aggravating Factor: Implications for NSW Criminal Law

Directory of Open Access Journals (Sweden)

Julia Ann Quilter

2014-04-01

Full Text Available This article critically examines the New South Wales State Government’s latest policy response to the problem of alcohol-related violence and anxiety about ‘one punch’ killings: the recently enacted Crimes and Other Legislation Amendment (Assault and Intoxication Act 2014 (NSW. Based on an analysis of both the circumstances out of which it emerged, and the terms in which the new offences of assault causing death and assault causing death while intoxicated have been defined, I argue that the Act represents another example of criminal law ‘reform’ that is devoid of principle, produces a lack of coherence in the criminal law and, in its operation, is unlikely to deliver on the promise of effective crime prevention in relation to alcohol-fuelled violence.

Negotiating a Place in the Family-A Grounded Theory Exploration of Stepgrandmothers' Enactment of Roles.

Science.gov (United States)

Chapman, Ashton; Ganong, Lawrence; Coleman, Marilyn; Kang, Youngjin; Sanner, Caroline; Russell, Luke T

2017-11-10

Stepgrandparents are becoming more common, and they can, and often do, provide affective and instrumental support to families. Little is known, however, about how they negotiate and enact their roles within families, especially with stepgrandchildren. Stepgrandmothers warrant special attention because researchers have found that women experience more challenges than men in stepfamilies. Guided by symbolic interactionism, the purposes of our study were: (a) to explore stepgrandmothers' role enactment and (b) to explore the intrapersonal, interpersonal, and contextual factors that contribute to role enactment in intergenerational steprelationships. Eighteen stepgrandmothers participated in semi-structured interviews, discussing their relationships with 94 stepgrandchildren. Consistent with grounded theory methods, data collection and analysis occurred simultaneously. Interviews with stepgrandmothers revealed that they spend considerable time and energy defining their roles with stepgrandchildren. Stepgrandmothers' role enactment is a complex, reflexive process. A few perceived that their roles were shaped by their own dispositions, desires, and expectations (evidence for role-making), but most stepgrandmothers described their roles as reflecting the dispositions, desires, and expectations of others (evidence for role-taking). Stepgrandmothers reflected on their roles as a delicate balance of intra- and inter-personal negotiations, operating within cultural expectations. Findings draw attention to the complex nature of role-taking, role-making, and gendered, relational processes in multigenerational stepfamilies. We discuss implications for research and theory related to stepgrandmotherhood as an incomplete institution. © The Author 2016. Published by Oxford University Press on behalf of The Gerontological Society of America. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

Overview of Court Practice Relating to the Right of the Limited Use of Someone Else's Property in an English Law

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Viktoria S. Arhipova

2016-09-01

Full Text Available In this article author carries out the detailed overview of the court practice concerning the right of limited use of someone else's property in system of a common law. In it definition the concept "servitude", servitude signs of an English law is given, each of them is in detail described and additional requirements which are necessary for existence of the servitude are described. In the conclusion the author emphasizes that the case law, unfortunately, has for the judge certainly no binding force. In certain cases the judge has the right to deviate from precedents and to pass the decision, new on the content. This fact proves flexibility of case law, but at the same time and some uncertainty, the choice of one of a set of the available precedents and its interpretation at discretion depends on the judge.

Rights, laws and tensions: A comparative analysis of the Convention on the Rights of Persons with Disabilities and the WHO Resource Book on Mental Health, Human Rights and Legislation.

Science.gov (United States)

Duffy, Richard M; Kelly, Brendan D

Good mental health legislation is essential for ensuring high quality mental health care and protecting human rights. Many countries are attempting to bring mental health legislation in line with the UN - Convention on the Rights of Persons with Disability (UN-CRPD). The UN-CRPD requires policy-makers to rethink the 'medical model' of mental illness and existing laws. It also challenges WHO guidelines on drafting mental health law, described in the WHO Resource Book on Mental Health, Human Rights and Legislation (WHO-RB). This study examines the relationship between the UN-CRPD and the WHO-RB. It compares the documents, highlighting similarities and identifying areas of disagreement. The WHO-RB contains a checklist of human rights standards it recommends are met at national level. This study analyses each component on this checklist and identifies the relevant sections in the UN-CRPD that pertain to each. Both the UN-CRPD and WHO-RB address more than just acute exacerbations of illness, providing guidelines on, inter alia, treatment, education, occupation and housing. They are patient-centred and strongly influenced by social rights. The UN-CRPD, however, gives just superficial consideration to the management of acute illness, forensic and risk issues, and does little to identify the role of family and carers. The UN-CRPD has evolved from disability research and strong advocacy organisations. Careful consideration is needed to enable it to address the specific needs encountered in mental illness. Both the UN-CRPD and WHO-RB highlight common tensions that must be resolved by clinicians, and provide some guidance for stakeholders who commonly need to observe one principle at the expense of another. Copyright © 2017 Elsevier Ltd. All rights reserved.

Enacting Informal Science Learning: Exploring the Battle for Informal Learning

Science.gov (United States)

Clapham, Andrew

2016-01-01

Informal Science Learning (ISL) is a policy narrative of interest in the United Kingdom and abroad. This paper explores how a group of English secondary school science teachers, enacted ISL science clubs through employing the Periodic Table of Videos. It examines how these teachers "battled" to enact ISL policy in performative conditions…

Stories from the Heart: Narratives of Change in Therapeutic Enactment

Science.gov (United States)

Black, Timothy G.

2009-01-01

Research was conducted on the experience of change for participants in a group-based psychotherapy approach called Therapeutic Enactment (TE), which involves the enactment of embodied narratives of participants' past experiences. This study asked the question, "What is your story of change in TE?" The author conducted in-depth interviews with five…

THE RESISTANCE OF ULAMA DAYAH ACEH TAMIANG AGAINST WOMEN’S RIGHTS IN COMPILATION OF ISLAMIC LAW (KHI

Directory of Open Access Journals (Sweden)

Muhammad Nasir

2017-06-01

Full Text Available This article provides the latest information on how the Ulama Dayah Aceh Tamiang's response to the implementation of the Compilation of Islamic Law (KHI, particularly related to women's rights regulated in the issue of marriage registration, the validity of divorce, and joint property (gono gini and their views on the KHI as Islamic law legislated by the government. according to some circles as a form of reform of Islamic law in Indonesia which is also claimed as a law that many defend the rights of women, although there are still some who argue that KHI discriminatory against women. This paper departs from research was conducted on Dayah Aceh Tamiang Ulama by using interview and observation method. There are three theories used in analyzing this research data, namely; Theory of Relation State and Religion, Theory of Ulama and State Authority, and Theory of Conservative turn. The finding of this article reveals that the resistance of the Ulama Dayah against KHI can be identified in two levels. Firstly, they disagreed with some aspects of KHI in such as marriage registration, joint property, and divorce legal procedures. Secondly, the fact that Ulama Dayah were not involved in the process of legal drafting of the KHI.

Would Enforcing Competition Law Compromise Industry Policy Objectives?

OpenAIRE

Evenett, Simon J.

2005-01-01

One recurring concern in the debate over the efficacy of enacting competition laws in developing countries is that its enforcement may compromise important industrial policy goals. This concern has been raised in regional fora and in multilateral organizations such as the World Trade Organization, where officials have considered the pros and cons of including competition provisions in international trade agreements. However, the concern is broader and often national debates over the merits of...

Reserve Component Alignment with Law, Policy, and Strategy

Science.gov (United States)

2011-02-07

10 addressed the Armed Forces; Title 32, the National Guard; and Title 34, the Navy. However, these laws were enacted as “ prima facie ” evidence only... Duty members available to accomplish a mission. The implication is that all of these conditions are temporary and that the reserves are to be...when national security requires it, or (4) when there are insufficient Active Duty members available to accomplish a mission. The implication is

Toward an expansion of an enactive ethics with the help of care ethics

OpenAIRE

Urban, Petr

2014-01-01

The paper argues that recent developments in the enactive approach to social phenomena call for further expansion of an enactive ethics beyond its initial focus on face-to- face dyadic interactions. The main aim is to draw attention to the so far under- appreciated kinship between an enactive ethics and the ethics of care.

Paternalism & Its Discontents: Motorcycle Helmet Laws, Libertarian Values, and Public Health

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-01-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists’ advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering. PMID:17194856

The Safety Culture Enactment Questionnaire (SCEQ): Theoretical model and empirical validation.

Science.gov (United States)

de Castro, Borja López; Gracia, Francisco J; Tomás, Inés; Peiró, José M

2017-06-01

patterns with the measured safety outcomes. Finally, results provided evidence of discriminant validity between the SCEQ and safety climate. We conclude that the SCEQ is a valid, reliable instrument supported by a theoretical framework, and it is useful to measure the enactment of safety culture in NPPs. Copyright © 2017 Elsevier Ltd. All rights reserved.

Sexual and gender prejudice among adolescents and enacted stigma at school

NARCIS (Netherlands)

Collier, K.L.

2014-01-01

Sexual and gender prejudice refer, respectively, to negative attitudes based on sexual orientation or gender identity or expression; enacted stigma is the behavioral expression of such attitudes. This thesis explored the possible antecedents and outcomes of enacted sexual and gender stigma in

Drug law reform, performativity and the politics of childhood.

Science.gov (United States)

Flacks, Simon Jonathan

2018-01-01

Children are critical to debates about drug law reform. For both advocates of liberalisation and, especially, defenders of prohibition, the protection of children is an important rhetorical device in pressing for, or resisting, change. However, the privileged position of minors within such discussions, or talk about drugs in general, has rarely been explored in any depth in either drug and alcohol studies or legal research. Drawing on scholarship on performativity, and particularly John Law's work on 'collateral realities', this article will consider how constructs such as childhood and drugs are 'produced' and '(re)made' in such discourses. Through analysis of legal measures, policy documents/statements submitted to the UN General Assembly Special Session on Drugs (UNGASS) in 2016, and scientific discussion, it will be argued that such 'realities' include the constitution of the child as the logical victim of drugs (and the natural beneficiary or casualty of reform), and the enactment of drugs as an inherent threat to children. It is suggested that drug policy research needs to pay attention to age as a social construct and cultural category, and that a critical awareness of the relevance of age in policy discourse is as necessary as, for example, race, class or gender. Moreover, attendance to the ontological politics of constructs such as 'childhood' and 'drugs' is important if law and policy measures are to account for young people's agency. Crown Copyright © 2017. Published by Elsevier B.V. All rights reserved.

Who has the right to advise children on birth control?

Science.gov (United States)

Gerber, P; Rahemtula, A

1986-04-14

The Department of Health and Social Security (DHSS) in Great Britain issued "guidelines" to doctors in 1967 stating that it was permissible to give advice and contraceptive agents to underage females without parental consent. A Roman Catholic mother, Victoria Gillick, sought a declaration from the High Court of Justice that the DHSS guidelines were illegal. Gillick lost in the initial legal proceeding; the guidelines were held to be lawful. The Court of Appeal upheld Gillick's appeal 3 to none, only to be reversed later by a majority of 3 to 2 in the House of Lords. The various approaches that were adopted by the Court of Appeal and the House of Lords are reviewed. The issues can be reduced to this question: is a child of less than 16 years of age legally competent to seek contraceptive advice and treatment without the knowledge and consent of a parent or guardian. The Court of Appeal approached the problem assuming that the solution was to be found in the various Acts of Parliament, and it looked at every statute that dealt with children to learn what Parliament thought of parents. This inversion of emphasis received some recognition when the case reached the House of Lords: "parental rights to control a child do not exist for the benefit of the parent, they exist for the benefit of the child and they are justified only in so far as they enable the parent to perform his duties toward the child" (Lord Fraser). The Court of Appeal examined the Family Law Reform Act 1969, the Mental Health Act 1959, the Education Act 1944, and the Children Act 1975. From these various enactments, the Court of Appeal drew the following unanimous conclusions: that a parent or guardian has a parcel of rights in relation to a child in his or her custody, including the right to control the manner in which, and the place at which, the child spent his or her time, and that such rights could not, in general, be abandoned or transferred and would be enforced by the Court; that it was clearly

Case law

International Nuclear Information System (INIS)

Anon.

2011-01-01

This chapter gathers three case laws, one concerning France and the two others concerning the United States. France - Decision of the Administrative Court in Strasbourg on the permanent shutdown of the Fessenheim nuclear power plant: On 9 March 2011, the administrative court in Strasbourg confirmed the government's rejection to immediately close the Fessenheim nuclear power plant, the first unit of which started operation on 1 January 1978. The court rejected the motion of the 'Association trinationale de protection nucleaire' (ATPN) filed against the decision of the Minister of Economy, Industry and Employment to refuse the final shutdown of the plant. The group, which brings together associations as well as French, German and Swiss municipalities, had taken legal action in December 2008. United States - Case law 1 - Judgment of a US Court of Appeals on public access to sensitive security information and consideration of the environmental impacts of terrorist attacks on nuclear facilities: This case concerns 1) the public's right to access classified and sensitive security information relied upon by the US Nuclear Regulatory Commission (NRC) in its environmental review; and 2) the sufficiency of the NRC's environmental review of the impacts of terrorist attacks for a proposed Independent Spent Fuel Storage Installation (ISFSI). In 2003, the NRC ruled that the National Environmental Policy Act (NEPA) did not require the NRC to consider the impacts of terrorist attacks in its environmental review for the proposed ISFSI at the Diablo Canyon Power Plant. ' NEPA mandates that all federal agencies must prepare a detailed statement on the environment impacts before undertaking a major federal action that significantly affects the human environment. In 2004, the San Luis Obispo Mothers for Peace, a group of individuals who live near the Diablo Canyon Power Plant, filed a petition in the US Court of Appeals for the Ninth Circuit challenging the NRC's 2003 decision. The

Tomorrow’s Handgun: Ensuring the Right Gun for All Military Law Enforcement Officers

Science.gov (United States)

2016-02-01

AU/ACSC/2016 AIR COMMAND AND STAFF COLLEGE AIR UNIVERSITY TOMORROW’S HANDGUN: ENSURING THE RIGHT GUN FOR ALL MILITARY LAW... gun manufacturers carefully design and deliver products to meet the needs of their potential owners. Additionally, many professionals require...fields make up some of the largest populations of gun owners, in the United States, and handgun manufacturers support them with specifically designed

Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

Directory of Open Access Journals (Sweden)

Mariya Riekkinen

2016-01-01

Full Text Available This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public participation of minors implies that children have clearly defined opportunities to take part in decision-making processes concerning those political and public matters affecting their interests.Albeit limited by the clause “regarding the issues concerning them,” the claims for such participation are dictated by emerging standards of international law. The author has examined the process of devising these standards in Russian public law. Moreover, an analysis of the evolution of academic views on public participation of children in Russian legal scholarship is also included in this article.Relying extensively on the method of legal analysis and the comparative analysis of the conformity of national public law standards with respect to international law, the author proposes several legal amendments to the Federal law “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” which would lead to anchoring more solidly the participatory right of minors in the legal system of the Russian Federation.

Children's rights, international human rights and the promise of ...

African Journals Online (AJOL)

Children's rights, international human rights and the promise of Islamic legal theory. ... Law, Democracy & Development ... law but also religion and ethics, thus offering a multidimensional approach covering the total personality of the child.

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

Science.gov (United States)

Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

2015-08-28

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

Enacting Green Consumers: The Case of the Scandinavian Preppies

Directory of Open Access Journals (Sweden)

Christian Fuentes

2014-10-01

Full Text Available The aim of this paper is to develop and illustrate an analytic approach that brings the active making and makings of green consumer images to the fore. Efforts to "know" the green consumers have generated multiple representations. Enactments of the green consumer are not innocent but also play a role in shaping how we understand and approach sustainable consumption. Because of this it is important to examine and critically discuss how green consumers are enacted today. This paper develops an approach that allows us to examine how green consumers are enacted and discuss the consequences these constructions might have for sustainability. Theoretically, a performativity approach drawing on theories from Science and Technology Studies (STS and economic sociology is used to discuss the enactment of green consumers. Empirically, focus is on Boomerang � a Swedish fashion retailer, brand, and producer � and its marketing practices. The analysis shows how the marketing work of the Boomerang Company leads to the enactment of the Green Scandinavian Preppy. This specific version of the green consumer is a combination of the knowledgeable green connoisseur - a consumer that knows quality when he/she sees it - and the green hedonist in search of the good life. The Green Scandinavian Preppy wants to enjoy nature, go sailing, and do so wearing fashionable quality clothes. This is a consumer that knows quality, appreciates design, and has the means to pay for both. While this is a version of the green consumer that might be appealing and thus have the potential to pro-mote a version of green consumption, it is also a green consumer image that has lost much of its political power as green consumption is framed as simply another source of pleasure and identity-making.

192 TAXPAYER'S RIGHT TO REFUND UNDER THE NIGERIAN LAW

African Journals Online (AJOL)

Fr. Ikenga

The jurisprudence of this paper therefore is an examination of the actual legal status ... Formerly, Coordinator, Department of Business Law, Faculty of Law, University ..... If any company has paid tax for any year of assessment alleges that any ...

The Different Worlds of Labour and Company Law: Truth or Myth?

Directory of Open Access Journals (Sweden)

Monray Marsellus Botha

2014-12-01

Labour Relations Act 66 of 1995. The LRA remains the primary piece of labour legislation that governs labour law in South Africa. The notion of industrial democracy and transformation of the workplace are central issues in South African labour law. This is due to the constitutional changes that have taken place in South Africa, where the protection of human rights and the democratisation of the workplace are advanced. Before the enactment of the LRA, employee participation and voice was a much-debated topic not only locally but also internationally. It is therefore essential when considering employee participation to take due cognisance of both the labour and company law principles that may be pertinent, as well as the need for workers to have a voice in the workplace and for employers to manage their corporations. This article will attempt to indicate how the different functions, theories and models of labour and company law accommodate and promote the interests of employees in corporations and will also attempt to reconcile these differences.

THE CONSUMER’S RIGHT OF WITHDRAWAL FROM CONTRACTS CONCLUDED BY ELECTRONIC MEANS IN ROMANIAN LAW

Directory of Open Access Journals (Sweden)

MIHAELA GIURANIUC (TUDORACHE

2011-04-01

Full Text Available The purpose of this paper is to analyse the legislation, doctrinal opinions and relevant case law regarding the consumer's right of withdrawal from contracts concluded by electronic means (e-contracts.The objectives pursued by the author are:- establishing the juridical nature of consumer's right of withdrawal from e-contracts;- identification of problems that could arise from law’s interpretation,- issuing of the de lege ferenda proposals.Governmental Ordinance no. 130/2000 introduces a new exception to the principle of irrevocability of contracts in Romanian law: the consumer's right of withdrawal from distance contracts. The same Ordinance sets the scope and conditions for the applicability of this right.Consumer's right of withdrawal from e-contracts, as a type of distance contracts, can be exercised without the need to give any specific reason and without penalties, within 10 working days from the date of receiving the goods or from the another moment depending on the specifics set out in GO no. 130/2000. If consumer cancels the distance contract on the basis that he does not like the goods, the withdrawal from the contract is valid, even if the withdrawal solely depended on the will of the consumer, this sets out a legal exception from the provisions of art. 1010 of Civil Code which stipulate the nullity of the obligations undertook by the liable person under the condition “if I want”.Sales of goods by electronic means, as a particular case of a distance contracts, is, therefore, a new form of selling, governed by its own specific legal regime.

How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

Directory of Open Access Journals (Sweden)

Jet Tigchelaar

2016-07-01

Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.

The Existence of Customary Rights of Customary Law Community and Its Regulation in the Era of Special Autonomy of Papua

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Roberth Kurniawan Ruslak Hammar

2018-03-01

Full Text Available The protection and recognition of ulayat rights of customery law community is a constitutional obligation as written in 1945 constitution Verse 18B. Therefore, bettering knowledge and comprehension of ulayat rights in every tribe existed in Papua is believed as an effort to minimize potential conflicts among government, businessman and indigenous people of Papua. In addition, the knowledge and understanding should be legitimated as the local law as a means to accelerate the regional development as well as community’s welfare. This research was conducted in Arfak people from 2008 to 2009 and continued in 2016. The purpose of this research is to investigate the existence of ulayat rights in indigenous people of Arfak. It is a normative-empirical study that was analyzed by descriptive qualitative method. This study showed that: (1 the protection and implementation of ulayat rights is found in the constitution number 21 year 2001 and implemented in Special Regional Law number 23 year 2008 which says “the ulayat rights of indigenous people is acknowledged and protected by the nation, government, provincial government, district and is implemented by a committee and accommodated in regent or major’s policy.” (2 Indigenous people of Arfak have a graded ulayat rights which are great tribe of Arfak and the smaller tribes which consist of Hatam, Sougb, Meyah, ulayat rights of Mnu, ulayat rights of Keret and the family, as well as the regulation and use of ulayat rights is regulated by their own Mananir.

Legal Provisions, Discrimination and Uncertainty on LGBT community in Albania. Laws on human rights vs exerted rights of LGBT persons

OpenAIRE

Urjana Curi

2018-01-01

During the communist regime and until 1995 homosexual relations were senteced by law in Albania as a criminal offense. Membership in the Council of Europe and the ratification of the European Convention on Human Rights brought as a result the improvement of the legal framework and the abolition of the condemnation of homosexual relations. The first attempts of activism were shown in the form of meetings on joint activities organized by the Gay community in public spaces or cruising areas. In ...

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

OpenAIRE

Nehad Mohamed Eweda

2011-01-01

Several international and local legislations have been enacted to protect intellectual property rights. Nevertheless, legislations cannot alone provide protection for architects, and defend the right of owners over architectural products. The importance of this research paper is derived from the hypothesis that accepting, fostering and valuing intellectual property in architecture education and practice are similarly essential to enacting laws. This paper is an analytical discussion of intell...

Childhood Construction, Child Rights and Development in Nigeria ...

African Journals Online (AJOL)

Child rights issues are becoming very important at policy arena and remarkable efforts and resources have been, and are still being committed to them. To demonstrate the seriousness being dedicated to the issues, particularly in line with international conventions, Nigeria enacted the Child Rights Acts (CRAs) in 2003 and ...

RUSSIAN LAW SUBJECTS

Directory of Open Access Journals (Sweden)

D.N. Bakhrakh

2006-03-01

Full Text Available The question about the subjects of law branches is concerning the number of most important and difficult in law science. Its right decision influences on the subject of law regulation, precise definition of addressees of law norms, the volume of their rights and duties, the limits of action of norms of Main part of the branch, its principles. Scientific investigations, dedicated to law subjects system, promote the development of recommendations for the legislative and law applying activity; they are needed for scientific work organization and student training, for preparing qualified lawyers.

[Palliative care after neonatal intensive care: Contributions of Leonetti Law and remaining challenges].

Science.gov (United States)

Kuhn, P; Dillenseger, L; Cojean, N; Escande, B; Zores, C; Astruc, D

2017-02-01

The 2005 enactment of the "Patients' rights and end-of-life care" act, known as the Leonetti law, has been accompanied by practical changes in the processes of withdrawal and withholding of active life-sustaining treatments. This law has also promoted the implementation of palliative care in perinatal medicine to avoid unreasonable therapeutic interventions and to preserve the dying patient's quality of life and human dignity. Recently, a new law has been voted by the French National Assembly and new reflections on the ethical aspects of the end of life in neonatal medicine should resume again within the French Society of Neonatology in the working group on ethical issues in neonatology. This is why it appears important to discuss the perceived benefits and the persistent difficulties related to the implementation of the Leonetti law in neonatology. Collegiality in the decision-making processes as well as withdrawal and withholding of life-sustaining treatments that were already present in the practices of many centers has been stipulated within a legal framework and promoted in clinical practice. It has brought serenity within perinatal nursing and medical teams. It has helped them face the always-difficult end-of-life situations with parents and deal with decision-making processes in an intense emotional climate. However, new questions inherent to the law have appeared. The most important ones concern the withholding of artificial nutrition and hydration, the time pressure in the management of the decision-making process, and the management of the duration of palliative care. Challenges remain in addressing various persistent ethical dilemmas such as the possible survival of newborns with significant brain lesions detected after the period of life-sustaining treatments that have allowed their survival. The new law carried by Mr. Clayes and Mr. Léonetti should provide answers to some of these ethical issues, but it would probably not solve all of them. Copyright

Paternalism and its discontents: motorcycle helmet laws, libertarian values, and public health.

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-02-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists' advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering.

Procedural abortion rights: Ireland and the European Court of Human Rights.

Science.gov (United States)

Erdman, Joanna N

2014-11-01

The Irish Protection of Life During Pregnancy Act seeks to clarify the legal ground for abortion in cases of risk to life, and to create procedures to regulate women's access to services under it. This article explores the new law as the outcome of an international human rights litigation strategy premised on state duties to implement abortion laws through clear standards and procedural safeguards. It focuses specifically on the Irish law reform and the jurisprudence of the European Court of Human Rights, including A. B. and C. v. Ireland (2010). The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women's access to lawful abortion services, serving conservative or progressive ends. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

Teaching (Un)Connected Mathematics: Two Teachers' Enactment of the Pizza Problem

Science.gov (United States)

Hill, Heather C.; Charalambous, Charalambos Y.

2012-01-01

This paper documents the ways mathematical knowledge for teaching (MKT) and curriculum materials appear to contribute to the enactment of a 7th grade "Connected Mathematics Project" lesson on comparing ratios. Two teachers with widely differing MKT scores are compared teaching this lesson. The comparison of the teachers' lesson enactments suggests…

The importance of social dialogue in the process of consolidation of domestic law with the European Union law

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Mirjanić Željko

2014-01-01

Full Text Available The importance of a social dialogue in the process of consolidation of domestic law with the European Union law is hereby analyzed through the issues of level of development of institutional tripartite dialogue, development of social dialogue as a prerequisite that is ahead for the countries in the process of joining European integration and the mode of consolidation of domestic labour law with the EU law. Social dialogue in the countries that have passed through or are still under the process of transition of legal order, is being developed according to relevant model of the EU countries, which have recognized the social dialogue as an efficient way of reaching compromise and preserving social peace. The key importance in our country is given to tripartite dialogue within the economic social council. The functioning of the economic social council of the Republika Srpska can be a model of social dialogue, and its role is to consolidate labour and social laws as well as other laws that are at stake for social partners, with the European Union law. At the same time, the subject matter of the dialogue in this council is wider then the issue of the law consolidation, and covers a number of other areas, corresponding to trends of development of social dialogue that is prevailing in the EU countries. On the contrary, the absence or flaws in institutional social dialogue regarding its functioning especially at the local level, and having in mind unfavorable circumstances regarding the employees' associations in private companies and forming of the council of employees, are a limiting factor to development of autonomous labour law, as a part of the process of consolidation. In the process of joining the EU, the request for consolidation of labour legislature with the EU law has come out, which includes the necessity of further providing legal prerequisites for social dialogue. The greatest problem in that process, apart from enactment of new labour law

Misplaying the Angles: A Closer Look at the Illinois Tuition Tax Credit Law.

Science.gov (United States)

Pathak, Arohi; Wessely, Mike; Mincberg, Elliot

In 1999, Illinois enacted its tuition tax credit law, which offers tax credits to taxpayers whose own children are attending school, as opposed to tax credits to businesses and/or individuals who contribute to tuition scholarship programs. Recent data suggest that the Illinois tax credit program is benefiting middle- and upper-class families more…

Enacting Environments

DEFF Research Database (Denmark)

Lippert, Ingmar

2013-01-01

Enacting Environments is an ethnography of the midst of the encounter between corporations, sustainable development and climate change. At this intersection 'environmental management' and 'carbon accounting' are put into practice. Purportedly, these practices green capitalism. Drawing on fieldwork...... of day-to-day practices of corporate environmental accountants and managers, Ingmar Lippert reconstructs their work as achieving to produce a reality of environment that is simultaneously stable and flexible enough for a particular corporate project: to stage the company, and in consequence capitalism......, as in control over its relations to an antecedent environment. Not confined to mere texts or meetings between shiny stakeholders co-governing the corporation – among them some of the world's biggest auditing firms, an environmental non-governmental organisation (NGO) and standards – control is found...

Human Rights and International Labour Law issues concerning Migrant Women Working as Domestic Helpers in China

NARCIS (Netherlands)

Peng, Q.|info:eu-repo/dai/nl/375803998

2017-01-01

This book addresses the human rights and international labour law issues concerning rural migrant women workers as domestic helpers in China and offers several legislative suggestions to the Chinese government. By describing the current de facto and de jure condition of rural migrant women working

Luxury in ancient Rome: an economic analysis of the scope, timing and enforcement of sumptuary laws

NARCIS (Netherlands)

Dari-Mattiacci, G.; Plisecka, A.E.

2012-01-01

Between 182 BC and 18 BC, Roman lawmakers enacted a series of sumptuary laws regulating banquets (including the number of guests and the consumption of specific foods). Enforcement was hardly successful and these regulations had to be reiterated over time. Traditional explanations based on morals,

The effects of enactment and intention accessibility on prospective memory performance.

Science.gov (United States)

Schult, Janette C; Steffens, Melanie C

2017-05-01

The intention-superiority effect denotes faster response latencies to stimuli linked with a prospective memory task compared to stimuli linked with no prospective task or with a cancelled task. It is generally assumed that the increased accessibility of intention-related materials contributes to successful execution of prospective memory tasks at an appropriate opportunity. In two experiments we investigated the relationship between the intention-superiority effect and actual prospective memory performance under relatively realistic conditions. We also manipulated enactment versus observation encoding to further investigate the similarity in representations of enacted and to-be-enacted tasks. Additionally, Experiment 1 included a control condition to investigate the development of the intention-superiority effect over time. Participants were asked to perform prospective tasks at the end of the experiment to prepare the room for the next participant. They studied these preparatory tasks at the beginning of the experiment either by enacting them themselves or by observing the experimenter perform them. In Experiment 2, participants in a control condition did not intend to perform prospective tasks. We observed a smaller intention-superiority effect after enactment encoding than after observation encoding, but only if response latencies were assessed immediately before the prospective memory task. In addition, Experiment 2 suggested that the size of the intention-superiority effect is related to successful prospective memory performance, thus providing evidence for a functional relationship between accessibility and memory.

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

Science.gov (United States)

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

2016-01-01

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

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

International Nuclear Information System (INIS)

Notthoff, M.

1994-01-01

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

Nuclear-industry employee protection provisions of federal law

International Nuclear Information System (INIS)

Fidell, E.R.; Marcoux, W.C.

1982-01-01

Legislation enacted by Congress in 1978 to provide protection for those employed in the construction or operation of civil nuclear projects who express concerns to employers or others about the propriety of procedures in their places of employment from the standpoint of safety is summarized. The authors describe some recent and anticipated developments in the implementation of the law and offer practical suggestions for the avoidance of particular problems under the law. They counsel that the prudent utility company or other firm involved with nuclear energy will see the statute as another reason for facilitating the flow of bona fide safety concerns rather than as a vehicle for the expression of generalized complaints by malcontents and a convenient shield for substandard performers in the work force

Dream-Enacting Behaviors in a Normal Population

Science.gov (United States)

Nielsen, Tore; Svob, Connie; Kuiken, Don

2009-01-01

Study Objectives: Determine the prevalence and gender distributions of behaviors enacted during dreaming (“dream-enacting [DE] behaviors”) in a normal population; the independence of such behaviors from other parasomnias; and the influence of different question wordings, socially desirable responding and personality on prevalence. Design: 3-group questionnaire study Setting: University classrooms Participants: Three undergraduate samples (Ns = 443, 201, 496; mean ages = 19.9 ± 3.2 y; 20.1 ± 3.4 y; 19.1 ± 1.6 y) Interventions: N/A Measurements and Results: Subjects completed questionnaires about DE behaviors and Social Desirability. Study 1 employed a nonspecific question about the behaviors, Study 2 employed the same question with examples, and Study 3 employed 7 questions describing specific behavior subtypes (speaking, crying, smiling/laughing, fear, anger, movement, sexual arousal). Somnambulism, somniloquy, nightmares, dream recall, alexithymia, and absorption were also assessed. Factor analyses were conducted to determine relationships among DE behaviors and their independence from other parasomnias. Prevalence increased with increasing question specificity (35.9%, 76.7%, and 98.2% for the 3 samples). No gender difference obtained for the nonspecific question, but robust differences occurred for more specific questions. Females reported more speaking, crying, fear and smiling/laughing than did males; males reported more sexual arousal. When controlling other parasomnias and dream recall frequency, these differences persisted. Factor solutions revealed that DE behaviors were independent of other parasomnias and of dream recall frequency, except for an association between dream-talking and somniloquy. Sexual arousal was related only to age. Behaviors were independent of alexithymia but moderately related to absorption. Conclusions: Dream-enacting behaviors are prevalent in healthy subjects and sensitive to question wording but not social desirability

77 FR 58175 - Resale Royalty Right

Science.gov (United States)

2012-09-19

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

The effects of enactment on communicative competence in aphasic casual conversation: a functional linguistic perspective.

Science.gov (United States)

Groenewold, Rimke; Armstrong, Elizabeth

2018-05-14

Previous research has shown that speakers with aphasia rely on enactment more often than non-brain-damaged language users. Several studies have been conducted to explain this observed increase, demonstrating that spoken language containing enactment is easier to produce and is more engaging to the conversation partner. This paper describes the effects of the occurrence of enactment in casual conversation involving individuals with aphasia on its level of conversational assertiveness. To evaluate whether and to what extent the occurrence of enactment in speech of individuals with aphasia contributes to its conversational assertiveness. Conversations between a speaker with aphasia and his wife (drawn from AphasiaBank) were analysed in several steps. First, the transcripts were divided into moves, and all moves were coded according to the systemic functional linguistics (SFL) framework. Next, all moves were labelled in terms of their level of conversational assertiveness, as defined in the previous literature. Finally, all enactments were identified and their level of conversational assertiveness was compared with that of non-enactments. Throughout their conversations, the non-brain-damaged speaker was more assertive than the speaker with aphasia. However, the speaker with aphasia produced more enactments than the non-brain-damaged speaker. The moves of the speaker with aphasia containing enactment were more assertive than those without enactment. The use of enactment in the conversations under study positively affected the level of conversational assertiveness of the speaker with aphasia, a competence that is important for speakers with aphasia because it contributes to their floor time, chances to be heard seriously and degree of control over the conversation topic. © 2018 The Authors International Journal of Language & Communication Disorders published by John Wiley & Sons Ltd on behalf of Royal College of Speech and Language Therapists.

PROGRESSIVE LAW ENFORCEMENT TOWARDS HUMAN RIGHTS VIOLATION IN KOTA KUPANG

Directory of Open Access Journals (Sweden)

Joni Efraim Liunima

2016-01-01

Full Text Available Copyright is creator intellectual wealth so it needs to be protected by the State as a form of responsibility. Responding that problem comes into the world Law Number 28 Year 2014 concerning Copyrights and all violations in UUHC is formulated as delict complaint. Consequence of delict complaint is not all of copyright violations can be asked for the responsibility because law agencies are passive and limited by space and time. Answering that jurisdictional problem then researcher used empirical law research method. The result showed that civil servants investigator (PPNS Kanwil Kemenkumham NTT and also Kupang Kota Police Resort have done progressive step such as appealing, warning, calling, making statement, stocktaking and confiscation whereas the obstacle factor of progressive law enforcement is knowledge, mindset and in the formula of UUHC there is no section which formulate what the step can be done if criminal matters happen so the suggestions given is law enforcement agencies need an explanation about progressive law enforcement and it is better if in UUHC need to be formulated a step which will be taken if criminal matters happen

PROTECTION OF RIGHTS UNDER RUSSIAN CIVIL LAW IN A COMPARATIVE CONTEXT

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D. Karkhalev

2016-01-01

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

Nightmare-Enacting Behavior Responding to Zonisamide in Early Parkinson’s Disease

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Hiroshi Kataoka

2012-01-01

Full Text Available Recently, zonisamide (ZNS has been approved as a new adjunctive therapy for motor complications of Parkinson’s disease (PD. More recently, ZNS was reported to be effective for the management of impulse control behavior in PD, suggesting potential effects on non-motor PD symptoms. Dream enactment associated with aggressive, violent behavior can carry a serious risk of injury to patients, as well as to spouses or caretakers. This report describes a patient with PD who had vivid nightmares and dream-enacting behavior that resolved after treatment with ZNS. The present case raises the question whether ZNS might potentially be effective for the management of vivid nightmares or dream-enacting behavior.

Enacting and Transforming Local Language Policies

Science.gov (United States)

Tardy, Christine M.

2011-01-01

Exploring language practices, beliefs, and management in a first-year writing program, this article considers the obstacles to and opportunities for transforming language policy and enacting a new multilingual norm in U.S. postsecondary writing instruction. It argues that the articulation of statements regarding language diversity, co-developed by…

Enacted identities in the university spin-off process - bridging an imaginative gap

DEFF Research Database (Denmark)

Hannibal, Martin

2017-01-01

This paper employs a case study to explore the interdependencies between enacted role identities and behavioural logics of eight inventor-founders embedded in university spin-off venturing. The major tendencies in the findings suggest that the inventor-founders enact their academic role identity ...

DELEGAREA LEGISLATIVĂ

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Doranda Maracineanu

2008-05-01

scope of the constitutional laws, the regime of the State’s fundamentalinstitutions, the rights, liberties and liabilities provided by the fundamental law, the voting rights are excluded.Despite all these limitations, one currently notes an abuse through the unjustified enactment ofemergency ordinances, the Executive acquiring enactment power in scopes the regulation of which belongs tothe Parliament of Romania.

12 CFR 987.2 - Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States...

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks; rights of any Person against Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks. 987.2 Section 987.2 Banks and Banking FEDERAL HOUSING FINANCE...

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation.

Science.gov (United States)

Grembi, Veronica; Garoupa, Nuno

2013-10-01

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

Medical cannabis laws and opioid analgesic overdose mortality in the United States, 1999-2010.

Science.gov (United States)

Bachhuber, Marcus A; Saloner, Brendan; Cunningham, Chinazo O; Barry, Colleen L

2014-10-01

Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. Presence of a law establishing a medical cannabis program in the state. Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, -37.5% to -9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (-19.9%; 95% CI, -30.6% to -7.7%; P = .002), year 2 (-25.2%; 95% CI, -40.6% to -5.9%; P = .01), year 3 (-23.6%; 95% CI, -41.1% to -1.0%; P = .04), year 4 (-20.2%; 95% CI, -33.6% to -4.0%; P = .02), year 5 (-33.7%; 95% CI, -50.9% to -10.4%; P = .008), and year 6 (-33.3%; 95% CI, -44.7% to

Enacting the Role of Special Needs Educator--Six Swedish Case Studies

Science.gov (United States)

Klang, Nina; Gustafson, Katarina; Möllås, Gunvie; Nilholm, Claes; Göransson, Kerstin

2017-01-01

With the increasing focus on inclusion, special needs educators (SNEs) are now expected to share responsibility for pupils with teacher colleagues and to lead school development, but it is a challenge to enact this role in schools. The aim of the study was to explore how professional roles of Swedish SNEs are enacted in local school contexts. From…

CONSIDERATIONS ON THE CALCULATION OF DAMAGES IN INTELLECTUAL PROPERTY INFRINGEMENT CASES. RIGHT HOLDER’S LOSS AND UNFAIR PROFITS OF THE INFRINGER. CUMULATION

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Paul-George BUTA

2017-05-01

Full Text Available This short article deals with a specific problem of interpretation of Romanian law on the enforcement of IP rights, namely the possibility of having the court set damages to the right holder by taking into account both the right holder’s loss and the infringer’s unfair profits. The two criteria for the assessment of damages are specifically provided for by law and are also expressly provided for by the EU IP Rights Enforcement Directive which was implemented in Romania. While the possibility of referring to either of the two remains uncontested, the possibility of cumulating the two has been denied in some decisions of the Romanian High Court. In order to do so the High Court has interpreted Romanian law so as to comply with the provisions of the EU Directive read by taking into account one of the recitals to the directive which seems to only allow for the criteria to be used alternatively and not cumulatively. The article examines this interpretation and concludes that the curt ought not to have referred to the text of the EU Directive and that, even if it would do so, could not base its interpretation on the recital, as it did and should have come to the conclusion that the cumulation of the two criteria is possible. In order to do so the article examines the implementation of the Directive in Romanian law, the limitations that the CJEU has imposed on the interpretation of EU acts, the history of the enacting of the EU provisions at issue and the context of the provisions within the directive.

In the Child's Best Interest? The Consequences of Losing a Lawful Immigrant Parent to Deportation

Science.gov (United States)

Baum, Jonathan; Jones, Rosha; Barry, Catherine

2010-01-01

Congress is considering a comprehensive overhaul of the nation's immigration laws more than a decade after the enactment of strict immigration measures. Lawmakers should take this opportunity to reaffirm the nation's historic commitment to family unity by addressing the discrete provisions that currently undermine it. Current U.S. immigration laws…

Military, Transitioning Democracy and Rights: The Case of Indonesia

OpenAIRE

Imam, Windi Arini

2016-01-01

Indonesia embarks on transitioning period in 1998 after 32 years under authoritarian regime led by General Suharto. Since then the country has seen rapid changes particularly in relation to the Indonesian military (TNI). The military no longer plays role in day-to-day politics and has been returned to the barrack. New laws were enacted aiming at reforming the military and increase their professionality. Despite these positive notes, however, the military has been involved in several human rig...

Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

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Saldi Isra

2017-08-01

Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

State laws restricting driver use of mobile communications devices distracted-driving provisions, 1992-2010.

Science.gov (United States)

Ibrahim, Jennifer K; Anderson, Evan D; Burris, Scott C; Wagenaar, Alexander C

2011-06-01

State laws limiting the use of mobile communications devices (MCDs) by drivers are being enacted at an accelerating pace. Public health law research is needed to test various legislative models and guide future legal innovation. To define the current state of the law, facilitate new multi-state evaluations, and demonstrate the utility of systematic, scientific legal research methods to improve public health services research. Westlaw and Lexis-Nexis were used to create a 50-state, open-source data set of laws restricting the use of any form of MCD while operating a motor vehicle that were in effect between January 1, 1992, and November 1, 2010. Using an iterative process, the search protocol included the following terms: cellphone, cell phone, cellular phone, wireless telephone, mobile telephone, text, hands-free, cell! and text! The text and citations of each law were collected and coded across 22 variables, and a protocol and code book were developed to facilitate future public use of the data set. Thirty-nine states and the District of Columbia have at least one form of restriction on the use of MCDs in effect. The laws vary in the types of communication activities and categories of driver regulated, as well as enforcement mechanisms and punishments. No state completely bans use of MCDs by all drivers. State distracted-driving policy is diverging from evidence on the risks of MCD use by drivers. An updatable data set of laws is now available to researchers conducting multistate evaluations of the impact of laws regulating MCDs by drivers. If this data set is shown to be useful for this public health problem, similar rigorously developed and regularly updated data sets might be developed for other public health issues that are subject to legislative interventions. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

The wheels on the bus go "buy buy buy": school bus advertising laws.

Science.gov (United States)

Pomeranz, Jennifer L

2012-09-01

School buses, a practical necessity for millions of children, are at the center of new efforts to raise revenue. School bus advertising laws bring public health and commercialization concerns to the school setting. In doing so, they potentially expose school districts to First Amendment lawsuits. I examined various school bus advertising bills and laws. I reviewed First Amendment "forum analysis" as applied in the transit and school settings to clarify how this legal test may affect school districts subject to such laws. I have made recommendations for school districts to enact appropriate policies to ensure that such advertising does not undermine public health and to enable the districts to maintain control over their property.

The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises”

OpenAIRE

Iturralde González, Raúl

2017-01-01

Abstract: In 1889, then Mexican President Porfirio Díaz enacted the Mexican Commercial Code that is still in force today. This code was inspired on the Napoleonic code of 1807. Unfortunately, the Mexican code eliminated the use of commercial customs and practices as an accepted method for breaching gaps in commercial law. Since then, Mexican commercial law has held the civil code as the basis for dealing with gaps and loopholes in the application of commercial law. This has prevented the furt...

Legislative duty of care in the context of the energy turnaround. Constitutional issues of the 13th amendment to the Nuclear Energy Law

International Nuclear Information System (INIS)

Degenhart, Christoph

2013-01-01

The present publication shows how the Thirteenth Law Amending the Nuclear Energy Law, whose enactment on 31 July 2011 (Federal Law Gazette I p. 1704), during the aftermath of the events of Fukushima, by accelerating the phaseout of nuclear energy, has given rise to a number of constitutional issues in regard to the manner in which it came about as well as to its content. The law is founded essentially on an observation made by the Ethics Commission called in by the Federal Chancellor that not the risk itself had changed but rather its perception. The present study, which is based on a legal opinion commissioned by E.ON AG, investigates whether this observation can legitimately serve as the foundation of such a momentous legislative decision and whether the legislature, in establishing the relevant facts of the case, acted within the bounds of its lawful capacity to make assessments and forecasts and hence in accord with its constitutional duties. It is dedicated to exploring whether the legislature made proper use of its discretionary powers, whether the law, with all its follow-on effects, does justice to the proportionality principle, and whether due consideration was given in its enactment to the constitutional requirement to weigh the arguments of a case against each other.

South Africa – Safe Haven for Human Traffickers? Employing the Arsenal of Existing Law to Combat Human Trafficking

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H Oosthuizen

2012-03-01

Full Text Available aving ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, South Africa is obliged to adopt legislative measures that criminalise human trafficking and comply with other standards laid down in this international instrument. However, by mid-2011, South Africa had not enacted the required comprehensive counter-trafficking legislation. The question that now arises is if the absence of such anti-trafficking legislation poses an insurmountable obstacle to the prosecution of traffickers for trafficking-related activities. In asking this question the article examines the utilisation of existing crimes in order to prosecute and punish criminal activities committed during the human trafficking process. Firstly, a selection of existing common law and statutory crimes that may often be applicable to trafficking related activities is mapped out. Secondly, transitional trafficking provisions in the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters Amendment Act 32 of 2007 are discussed. Finally, since the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 will in all probability be enacted in the near future, the use of other criminal law provisions in human trafficking prosecutions, even after the passing of this bill into law, is reflected upon.

Sex Educators and Self-Efficacy: Toward a Taxonomy of Enactive Mastery Experiences

Science.gov (United States)

Jensen, Robin E.

2012-01-01

Enactive mastery experiences have been identified as the most influential source of self-efficacy beliefs. Yet little is known about enactive mastery experiences, including how such experiences manifest in naturally occurring situations (as opposed to simulated situations). This study draws from semistructured interviews (N = 50) with sex…

The Birth of the Universal Declaration of Human Rights.

Science.gov (United States)

Cooper, Michael

1998-01-01

Outlines the history of the ideals and enactment of the United Nations' Universal Declaration of Human Rights (UDHR). Includes a discussion of the origins of the concept of human rights, the impact of World War II, the role of nongovernmental organizations, and the process of drafting and adopting the UDHR. (DSK)

REFLECTIONS ON THE EVOLUTION OF MINOR'S RIGHTS IN CONFLICT WITH THE LAW IN THE EUROPEAN UNION: FROM THE NATIONAL REGULATIONS TO THE COMMUNITY REGULATIONS

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Gheorghe, BONCIU

2015-06-01

Full Text Available The study proposes an examination of the development rights of juveniles in conflict with the law in terms of legal regulations adopted by the Council of Europe, the European Union and its Member States. Approaching the settlement of all matters relating to human rights, including the rights of the child, it searched the extent to provide a mechanism in respect of children's rights and how its rights are reflected both of the European Convention on Human Rights and Fundamental Freedoms and Community and of national regulations of the Member States of the European Union. Declarative character of the Community provisions do not provide sufficient protection and uniformity toward juvenile rights in this matter, being treated differently in different countries depending on national and regional legal regime. Analysis of international treaties, customary, and national case law emphasized the need for prevention of juvenile delinquency and juvenile protection by merging rules at Community level in order to ensure a common, reasonable and sufficient protection for the juvenile in general and those found in conflict with law in particular.

Shaping accountabilities for erroneously enacted environmental evidence

DEFF Research Database (Denmark)

Lippert, Ingmar

of accountability: first, the company was performing itself as a socially and environmentally accountable and responsible "corporate citizen"; second, the company was inhabiting a discourse of evidence-based decision-making, requiring the evidence to be produced accountably. I analyse a limited set of ethnographic......Drawing on fieldwork in and around a transnational Fortune 50 company's "corporate social responsibility" unit, this paper opens up a range of situations that took part in enacting the company's evidence of its impact on global warming. This evidence was implicated in at least two significant modes...... vignettes of situated work practice that (con)figured the company's accounting for their carbon emissions. Common to all these situations was that the environmental realities enacted have been categorised by some members as erroneous or as not good enough. In this paper I am interested, thence...

Reorganization of medical specialization. Beyond the law of management of health professions.

Science.gov (United States)

Pujol, R; Conthe, P; Garcia Alegría, J

2014-12-01

More than 30 years after the creation of postgraduate medical training program in Spain supported by the MIR system, a thorough review of it becomes essential. This was the goal of the LOPS law enacted in 2003. The development of the LOPS is being slow and difficult to enforce, because master lines have to be achieved in order to develop the training of specialists in accordance with internationals standards and, simultaneously, with the reform that is taking place in the undergraduate education. The start up of the medical core will be the cornerstone of this project. The principles of the LOPS provide an opportunity for the training of competent physician in basic general medical practice followed by a progressive specialization supported on a solid foundation. And these principles have to prevail over corporate interests. Copyright © 2014 Elsevier España, S.L.U. All rights reserved.

Rising to the human rights challenge in compulsory treatment--new approaches to mental health law in Australia.

Science.gov (United States)

Callaghan, Sascha; Ryan, Christopher J

2012-07-01

To analyse, and explain to Australasian psychiatrists, recent proposed changes to the terms of coercive treatment for mental illness in Tasmania and Victoria and to place the proposals in the context of a broader human rights framework that is likely to impact the future shape of mental health legislation more generally. The Australian law reform proposals are reviewed against the requirements of numerous human rights instruments, including the recently ratified United Nations Convention on the Rights of Persons with Disabilities. Ethical and legal arguments are made to support the proposed changes and to introduce others, taking into account academic commentary on mental health law and recent empirical work on the ability to usefully categorise patients by their likelihood of harm to self and others. The Victorian and Tasmanian draft mental health bills propose a new basis for compulsory psychiatric treatment in Australasia. If they become law, coercive psychiatric treatment could only be applied to patients who lack decision-making capacity. The Tasmanian draft bill also sets a new benchmark for timely independent review of compulsory treatment. However both jurisdictions propose to retain an 'additional harm' test which must be satisfied before patients may be treated without consent. This differs from non-psychiatric cases, where if patients are unable to consent to medical treatment for themselves, they will be entitled to receive coercive treatment if it is in their best interests. The proposed changes under the Tasmanian and Victorian draft mental health bills will ensure that, in line with local and international human rights obligations, only patients who lack decision-making capacity may be coercively treated for mental illness. However the continuing 'additional harm' criteria may breach human rights obligations by imposing a discriminatory threshold for care on patients who are unable to consent to treatment for themselves. This could be avoided by

[French law related to patient's rights and end of life: pediatric intensive care unit's health professionals' opinions].

Science.gov (United States)

de Saint Blanquat, L; Cremer, R; Elie, C; Lesage, F; Dupic, L; Hubert, P

2014-01-01

To identify the knowledge of caregivers of pediatric intensive care units (PICUs) on the French law related to patients' rights and end of life, their views on withholding/withdrawing life-sustaining treatment (WWLST) decisions, and their feelings about how these decisions were made and implemented. A multicenter survey in 24 French PICUs during the fourth trimester 2010. One thousand three hundred and thirty-nine professional healthcare workers (1005 paramedics and 334 physicians) responded. Over 85% of caregivers had good knowledge of the WWLST decision-making processes required by law. More than 80% of caregivers accepted mechanical ventilation, hemodiafiltration, or hemodynamic support withdrawal or withholding. Nevertheless, the withdrawal of artificial nutrition and hydration generated reluctance or opposition for the majority of respondents. While paramedics' participation in the decision-making process was deemed necessary by all caregivers, paramedics found more often than physicians that they were insufficiently involved. The quality of end-of-life care was judged very positively by caregivers. The answers on how WWLST was applied suggest very different interpretations of the law. Some caregivers respect the principles of palliative care as stated in the public health code and 40% of doctors and 64% of caregivers consider it "acceptable" to hasten death if resulting from a collaborative decision-making process. This study is the first to show that caregivers of French PICUs have good knowledge of the French law concerning the end of life. Yet, there is still confusion about the limits of practice during the end-of-life period. Copyright © 2013 Elsevier Masson SAS. All rights reserved.

Reexamining the association between child access prevention gun laws and unintentional shooting deaths of children.

Science.gov (United States)

Webster, D W; Starnes, M

2000-12-01

A previous study estimated that child access prevention (CAP) laws, which hold adults criminally liable for unsafe firearm storage in the environment of children, were associated with a 23% decline in unintentional firearm mortality rates among children. To reassess the effects of CAP laws and more fully examine the consistency of the estimated law effects across states. A pooled time-series study of unintentional firearm mortality among children from 1979 through 1997. Setting. The 50 states and the District of Columbia. All children laws enacted before 1998 were aggregated, the laws were associated with a 17% decline unintentional firearm death rates among children. The laws' effects were not equal across states. Florida's CAP law was associated with a 51% decline; however, there were no statistically significant aggregate or state-specific law effects in the other 14 states with CAP laws. Florida's CAP law-1 of only 3 such laws allowing felony prosecution of violators-appears to have significantly reduced unintentional firearm deaths to children. However, there is no evidence of effects in the other 14 states with CAP laws.

Once again: The inviolability of fundamental rights and the exclusion of damage in connection with the nuclear law

International Nuclear Information System (INIS)

Wagner, H.

1979-01-01

According to the opinion stated by the author, the Atomic Energy Act and the relevant ordinances are guarenteiing to a sufficient extent the inviolability of fundamental rights, and the courts are effectively safeguarding these rights. The objective standard of value set up by the basic law and on legal system cannot be interpreted to be intended to completely exclude damage, but rather to institute precantions to be taken in order to prevent damage, taking into account the rights and risks involved and considering all of the declared purposes of the Atomic Energy Act, namely not only that of protection from hazards but also that of furtheranice of the paceful use of nuclear energy. In contrast to this, the opponent in the discussion argues that the present Atomic Energy Act is to be interpreted to contain a preventive prohibition reserving the right to grant licenses, and that any activity likely to represent a prejudice to our Basic Law is not in accordance with the constitution. It is the duty of the judiciary, the opponent says, to try to reconcile the requirements of technology and prosperity for the benefit of human life. (HSCH) [de

A potential Human Rights Act in Queensland and inclusion of the right to health.

Science.gov (United States)

Brolan, Claire E; Herron, Lisa; Carney, Anna; Fritz, Eva M; James, Judy; Margetts, Miranda

2018-04-01

To identify the level of public support for a Human Rights Act for Queensland (HRAQ) and for inclusion of the right to health by participants in a public inquiry process. We reviewed the 492 written submissions to the Legal Affairs and Community Safety Committee's Inquiry into a potential HRAQ and the transcripts documenting the public hearings held by the Committee in 2016. A total of 465 written submissions were analysed; 419 (90%) were for a HRAQ. More than 80% of the 'for' submissions advocated the right to health's inclusion. At the seven public hearings, 72 persons made verbal submissions and most supported a HRAQ. Five major themes were identified in our synthesis of the public hearing transcripts. Three related specifically to health and human rights: 1) the need to consider the holistic health and human rights of Indigenous Queenslanders and Indigenous Queensland communities; 2) instilling a human rights culture in Queensland; and 3) access to health care and the underlying determinants of health. The other two themes related to the conduct of the Inquiry: 4) the importance of community participation in developing a HRAQ; and 5) concerns about the public consultation processes. This study found strong support in the majority of submissions for the Queensland Parliament to draft and enact a HRAQ, and for the inclusion of the right to health in such legislation. Implications for public health: The Queensland Parliament's enactment of a HRAQ that expressly included the right to health would increase the accountability and transparency of government health (and related) decision making and resource allocation, and would better identify and address health inequities across the state. This Act is imperative for improving the health and wellbeing of all Queenslanders, particularly rural and remote and Aboriginal and Torres Strait Islander Queenslanders. © 2017 The Authors.

Negotiating the hard/soft law divide in business and human rights : The implementation of the UNGPs in the European Union

NARCIS (Netherlands)

Augenstein, Daniel

2018-01-01

The article discusses the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union against the backdrop of perennial debates between proponents of ‘hard’ versus ‘soft’ law approaches to preventing and redressing corporate-related human rights violations.

Defamation of Religions: A Vague and Overbroad Theory that Threatens Basic Human Rights

Directory of Open Access Journals (Sweden)

Allison G. Belnap

2011-04-01

Full Text Available Il contributo è pubblicato con il permesso della Brigham Young University Law Review - dove è apparso nel vol. n. 2 del 2010 (Tribute to Professor Michael Goldsmith, alle pp. 101-148 - e dell‖Autrice, che ringraziamo sentitamente. SUMMARY: 1. Introduction - 2. History of and Motivations for the OIC Defamation of Religions Resolutions - 2.a - The OIC Exerts a Concerted Effort to Protect Islam - 2.b - Terrorist Attacks and Danish Cartoons Raise the Stakes - 3. Defamation of Religions: A Permissible Restraint on Freedom of Speech and Expression? - 3.a - History, Basic Elements, and Contemporary Usage of Defamation - 3.b - Interaction Between Defamation of Religions and the Basic Human Rights Enumerated in Major International Instruments - 4. The Evolution of a Resolution - 4.a. 1999-2000: Beginnings - 4.b. 2001: A Pre-9/11 World - 4.c. 2002: Reactions to the Violent Backlash Against Muslims - 4.d. 2003-2004: Fluctuations in Support - 4.e. 2005: Intensification of a Campaign - 4.f. 2006-2007: The Move to the General Assembly - 4.g. 2008: Decreasing Margins of Support - 4.h. 2009: Current Resolution and Recommendations for Application - 5. Consequences of Accepting the Resolutions and Subsequent Enactment of Statutes Designed to Prevent Defamation of Religions - 5.a. Human Rights Committee - 5.b. The European Court of Human Rights - 5.c. Blasphemy, Incitement, and Hate Speech Laws and Their Enforcement - 5.d. Possible Future Statutes and Enforcement Under Defamation of Religions Theory - 6. Alternatives to Defamation of Religions in the U.N. Resolutions - 7. Conclusion.

Human rights and literature: an emerging meeting space between law and literature in the North American tradition

Directory of Open Access Journals (Sweden)

María Jimena Sáenz

2017-06-01

Full Text Available One of the particular characteristics of the interdisciplinary law and literature movement, which sets it apart from the large number of law and literature movements that proliferated during the sixties and seventies in the American academy that saw it born, is the migration of concern in examining the intersections and limitations between the two, from a legal starting point to the field of literary studies called Literature and Human Rights. This paper proposes to examine such migration in the context of the North American tradition, and to analyze the the forms that it assumes and its critical potentialities.

Reconfiguring the Law of Non-Refoulement: Procedural and Substantive Barriers for Those Seeking to Access Surrogate International Human Rights Protection

Directory of Open Access Journals (Sweden)

Mark R. von Sternberg

2014-12-01

Full Text Available Both geographic and normative constraints restrict access to surrogate international human rights protection for those seeking a haven from serious human rights abuses. Primary among territorial restrictions has been the fall-out from the US Supreme Court’s decision in Sale v. Haitian Council Centers in which the court explicitly ruled that nothing in US statutory law, or in the 1951 Convention on Refugees or its 1967 Protocol, precluded the interdiction of Haitian refugees in international waters and their return to the country of origin without an effective interview on their protection clams. This ruling is in transparent contradiction to the general international law norm of non-refoulement according to modern scholarship and emerging case law. This paper concludes that Sale should be overturned by statute as should related pre-screening practices. A new standard of “jurisdiction” should be adopted which does not depend on territorial access to a signatory state but on whether the state is exercising power in fact. Similar concerns exist with respect to safe third country agreements which often offend the international customary right of the asylum seeker to choose where his or her claim will be filed. This paper argues that the right of choice should be recognized and onward travel and admission to the country of destination allowed. This result is especially called for where return of the alien by the country of first contact raises serious concerns under the law of non-refoulement. Imbalances noted in this paper include those generated by the new terrorism related grounds of inadmissibility in theUnited States and the summary denial of children’s asylum claims flowing from gang violence.Other questions are raised in this paper concerning work authorization and detention of asylum seekers. Access to an employment authorization document for those filing colorable claims should be recognized by statute to render US practice

The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law

DEFF Research Database (Denmark)

Brehm, Maya

2007-01-01

transfers has traditionally been treated as a question of arms control law, but in the recent debate about legal restrictions on states' liberty to transfer arms, norms of international humanitarian and human rights law have frequently been invoked. This article surveys the existing international legal......The unregulated international trade in conventional arms, especially in small arms and light weapons, has come to be viewed as an exacerbating factor in armed conflict, violent crime and internal repression. Concern about the negative humanitarian, development and security impact of this trade has...... been growing over the last decade. Against this backdrop, the UN General Assembly invited states in December 2006 to consider the feasibility of an instrument establishing common international standards for conventional arms transfers-also known as the ‘Arms Trade Treaty' (ATT). The legality of arms...

The Wheels on the Bus Go “Buy Buy Buy”: School Bus Advertising Laws

Science.gov (United States)

2012-01-01

School buses, a practical necessity for millions of children, are at the center of new efforts to raise revenue. School bus advertising laws bring public health and commercialization concerns to the school setting. In doing so, they potentially expose school districts to First Amendment lawsuits. I examined various school bus advertising bills and laws. I reviewed First Amendment “forum analysis” as applied in the transit and school settings to clarify how this legal test may affect school districts subject to such laws. I have made recommendations for school districts to enact appropriate policies to ensure that such advertising does not undermine public health and to enable the districts to maintain control over their property. PMID:22742065

Role enactment of facilitation in primary care

DEFF Research Database (Denmark)

Due, Tina Drud; Thorsen, Thorkil; Waldorff, Frans Boch

2017-01-01

facilitation visits in 13 practice settings and had interviews and focus groups with facilitators. We applied an explorative approach in data collection and analysis, and conducted an inductive thematic analysis. RESULTS: The facilitators mainly enacted four facilitator roles: teacher, super user, peer...

Role enactment of facilitation in primary care

DEFF Research Database (Denmark)

Due, Tina Drud; Thorsen, Thorkil; Waldorff, Frans Boch

2017-01-01

facilitation visits in 13 practice settings and had interviews and focus groups with facilitators. We applied an explorative approach in data collection and analysis, and conducted an inductive thematic analysis. Results: The facilitators mainly enacted four facilitator roles: teacher, super user, peer...

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

Directory of Open Access Journals (Sweden)

Dragan Elijaš

2015-01-01

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

Disability Discrimination and the Right of Disabled Persons to ...

African Journals Online (AJOL)

Inequality, discrimination and transformation remain the key challenges which ... disabilities through the enactment of the Employment Equity Act 55 of 1998. ... their constitutional rights to equality, freedom and human dignity, and further, that it ...

Considerations on the Legal Treatment on Genetically Modified Organisms (GMOS in Brazil 10 Years After the Advent of Law nº 11,105 and Protection of Human Health

Directory of Open Access Journals (Sweden)

Mariana Carolina Lemes

2016-10-01

Full Text Available The present article seeks to contribute to the relevant studies on genetically modified organisms (GMOs, contextualizing this issue after 10 years of enactment of Law No. 11,105. Its main objective is to present traces of the current GMO policy in Brazil, pointing its main characteristics, with considerations about the possible injury to diffuse rights, in addition to the commitment of the protection of human health, with the analysis of decision thereof by CTNBio and its motivation. The dialectical method shall be used as method of approach. The research technique used was indirect documentation, including documentary research and literature.

Complementing the surveillance law principles of the Court of Strasbourg with its environmental law principles. An integrated technology approach to a human rights framework for surveillance

NARCIS (Netherlands)

de Hert, P.J.A.; Galetta, Antonella

2014-01-01

If one looks at the case law of the European Court of Human Rights on surveillance matters, a well mature set of principles emerge, namely: legality, legitimacy, proportionality (the standard check) and, if the Court is "on it", also necessity and subsidiarity (the closer scrutiny check). We pass

The rule of law

Directory of Open Access Journals (Sweden)

Besnik Murati

2015-07-01

Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

Enacting Environments: An Ethnography of the Digitalisation and Naturalisation of Emissions

OpenAIRE

Lippert, Ingmar

2013-01-01

Capitalism manages to enact environments in the midst of its centres by means of keeping other environments out. The fundamental practice which allows for this contradictory and generative move is that capitalist agents enact environments. Capitalism does not require a clear, neat, distinct, singular environment. Multiple, fluid, dynamic environments allow far better the tactical and strategical project of staging capitalism as having its destructive environmental impacts in control. That con...

Child Sexual Abuse and the Law in India: A commentary

OpenAIRE

Belur, J. S.

2015-01-01

Child Sexual Abuse (CSA) has only recently been publicly acknowledged as a problem in India. A welcome development has been the enactment of a special law—Protection of Children against Sexual Offences (POCSO) 2012—criminalising a range of acts including child rape, harassment, and exploitation for pornography. The law mandates setting up of Special Courts to facilitate speedy trials in CSA cases. The paper highlights the intended benefits and the unintended consequences that might arise from...

Legal rights to safe abortion: knowledge and attitude of women in North-West Ethiopia toward the current Ethiopian abortion law.

Science.gov (United States)

Muzeyen, R; Ayichiluhm, M; Manyazewal, T

2017-07-01

To assess women's knowledge and attitude toward Ethiopian current abortion law. A quantitative, community-based cross-sectional survey. Women of reproductive age in three selected lower districts in Bahir Dar, North-West Ethiopia, were included. Multi-stage simple random sampling and simple random sampling were used to select the districts and respondents, respectively. Data were collected using a structured questionnaire comprising questions related to knowledge and attitude toward legal status of abortion and cases where abortion is currently allowed by law in Ethiopia. Descriptive statistics were used to summarize the data and multivariable logistic regression computed to assess the magnitude and significance of associations. Of 845 eligible women selected, 774 (92%) consented to participate and completed the interview. A total of 512 (66%) women were aware of the legal status of the Ethiopian abortion law and their primary sources of information were electronic media such as television and radio (43%) followed by healthcare providers (38.7%). Among women with awareness of the law, 293 (57.2%) were poor in knowledge, 188 (36.7%) fairly knowledgeable, and 31 (6.1%) good in knowledge about the cases where abortion is allowed by law. Of the total 774 women included, 438 (56.5%) hold liberal and 336 (43.5%) conservative attitude toward legalization of abortion. In the multivariable logistic regression, age had a significant association with knowledge, whereas occupation had a significant association with attitude toward the law. Women who had poor knowledge toward the law were more likely to have conservative attitude toward the law (adjusted odds ratio, 0.40; 95% confidence interval, 0.23-0.61). Though the Ethiopian criminal code legalized abortion under certain circumstances since 2005, a significant number of women knew little about the law and several protested legalization of abortion. Countries such as Ethiopia with high maternal mortality records need to lift

Van der Vyver’s analysis of rights: a case study drawn from thirteenth-century canon law

Directory of Open Access Journals (Sweden)

Charles J. Reid, Jr.

1999-03-01

Full Text Available In an important article published in 1988, Johan Van der Vyver challenged the prevailing reliance on Wesley Hohfeld’s taxonomy of rights. Hohfeld's division of rights into claims, powers, privileges and immunities, Van der Vyver stresses, is excessively concerned with "inter-individual legal relations” at the expense of the right-holder's relationship to the object of the right. Van der Vyver proposes instead that an assertion of right involves three distinct juridic aspects:• legal capacity, which is "the competence to occupy the offices of legal subject;• legal claim, which "comprises claims of a legal subject as against other persons to a legal object";• legal entitlement, which specifies the boundaries of the right-holder's ability to use, enjoy, consume, destroy or alienate the right in question.This article applies Van der Vyver’s taxonomy to the operations of thirteenthcentury canon law, and demonstrates that Van der Vyver’s analysis provides greater depth than Hohfeld's, in that it considers both the relationship of the person claiming a particular right and the object of that right.

Valuing Errors for Learning: Espouse or Enact?

Science.gov (United States)

Grohnert, Therese; Meuwissen, Roger H. G.; Gijselaers, Wim H.

2017-01-01

Purpose: This study aims to investigate how organisations can discourage covering up and instead encourage learning from errors through a supportive learning from error climate. In explaining professionals' learning from error behaviour, this study distinguishes between espoused (verbally expressed) and enacted (behaviourally expressed) values…

HIV, Hepatitis C, TB, Harm Reduction, and Persons Deprived of Liberty: What Standards Does International Human Rights Law Establish?

Science.gov (United States)

Sander, Gen; Lines, Rick

2016-12-01

HIV, hepatitis C virus (HCV), and TB in prisons and other places of detention are serious public health concerns, with prevalence and incidence considerably higher than in the general community because of the overrepresentation of risky behavior, substandard conditions, overcrowding, people who inject drugs, and the wholly inadequate prevention, care, and treatment of these conditions, including the denial of harm reduction services. This is not only a severe public health crisis but also a serious human rights concern. This article works to clarify the standards established by human rights law with regards to HIV, HCV, TB, and harm reduction in prisons by examining international and regional case law, minimum standards on the treatment of prisoners and public health, as well as the work of UN treaty bodies, Special Rapporteurs, and prison monitoring bodies. It is imperative that urgent steps are taken to close the gap between human rights and public health standards on the one hand, and effective implementation in prison settings on the other.

Bridging the Nagoya Compliance Gap: The Fundamental Role of Customary Law in Protection of Indigenous Peoples’ Resource and Knowledge Rights

Directory of Open Access Journals (Sweden)

Brendan M. Tobin

2013-09-01

Full Text Available The Nagoya Protocol requires states to ensure that access to and use of genetic resources and traditional knowledge of Indigenous peoples and local communities is subject to their prior informed consent (PIC. It also requires states to take into consideration their customary laws. However, it lacks effective compliance mechanisms, a gap exposed in draft European legislation that sidesteps the Nagoya Protocol’s obligations regarding PIC and customary law, leaving traditional knowledge largely unprotected. This article examines the status of customary law under international, regional and national law, and the challenges and opportunities for securing recognition of its role in the protection of traditional knowledge. The article contends that all commercial and development activities with the potential to impact on Nagoya Protocol rights will in the future need to ensure compliance with relevant customary law. It finds state reluctance to adopt measures to ensure consideration of customary law shortsighted and likely to lead to increased litigation. It concludes that customary law has a key role to play in closing the Nagoya compliance gap but to do so it will need to be supported by enforcement mechanisms such as disclosure of origin regimes in intellectual property law.

Laws on Sex Discrimination in Employment. Federal Civil Rights Act, Title VII State Fair Employment Practices Laws, Executive Orders.

Science.gov (United States)

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

This report describes the applicable laws regarding sex discrimination in employment. In addition to Federal law and two relevant Executive Orders, the report includes 21 state laws and the District of Columbia's law prohibiting discrimination based on sex. This document is a revision of ED 014 611. (BH)

ROLE OF LAW IN CONSTRUCTION AND DEVELOPMENT OF SMALL SCALE INDUSTRIES THROUGH NORMATIVE PERSPECTIVE

Directory of Open Access Journals (Sweden)

Endang Sutrisno

2015-12-01

Full Text Available The presence of law has become an absolute prerequisite that must exist in the dynamics of civil society. It is to achieve justice, certainty, and expediency, so the works of it will not be separated from such a noble mission. On the other side, the law is likely inseparable from the fields of meta-juridical, including economics. The expectations of the interference of law into economy, makes the existence of justice for the business players can be realized through the enacted product legislation. Regulations concerning investments and partnerships have the intent to build self-reliance and empowerment for small industry players so as to compete in the era of economic globalization. Laws employed as the instrument of social change to strengthen the capitalization of small industry and business empowerment through the training and development of small industries, as normatively mandated by law.

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

Institute of Scientific and Technical Information of China (English)

宋贻珍

2014-01-01

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

Impact of a comprehensive law on the prevalence of tobacco consumption in Spain: evaluation of different scenarios.

Science.gov (United States)

Raña, P; Pérez-Ríos, M; Santiago-Pérez, M I; Crujeiras, R M

2016-09-01

Since 2011, smoking legislation was hardened in Spain, banning tobacco consumption in all hospitality venues. Law 42/2010 was the first comprehensive tobacco control policy enacted in Spain. The aim of this paper is to evaluate the effect that this intervention has had in reducing the prevalence of tobacco consumption, setting up three scenarios on the basis of different theoretical levels of effect of the law. A predictive model based on Markov Chains was developed to distinguish the effect of tobacco control policies in different scenarios. The model developed uses population, smoking rates and smoking characteristics from a non-transmissible disease surveillance system developed in Galicia (namely SICRI). Results show that tobacco control policies hardly affect the predicted trend in a temporal frame of 10 years, with relative reduction in the predicted male smoking prevalence of 20.4% with no intervention, reaching a reduction of 26.1% under the maximum effect of the policies. In the global population the effects of the law in the predicted prevalence have been barely perceived. For people under 25 years of age, interventions have had an important and positive effect, which proves that policies affecting this age group should be hardened. Copyright © 2016 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

Right to decide and self-determination in the Catalan case. Analysis and reflection according to the Spanish Constitutional Law

OpenAIRE

Gina Marietta OLCESE SCHENONE

2015-01-01

The paper analyzes the issue of the right to decide and self-determination in the current case of Catalonia from a legal point of view and within the Spanish constitutional framework. In particular, this analysis explores three aspects: a) The right to self-determination, general aspects and the Spanish Constitution; b) The right to decide as a regional consultation or referendum under Spanish law; c) Initiative of constitutional reform as a possible way to deal with the separatist aspiration...

The Existence of Customary Rights of Customary Law Community and Its Regulation in the Era of Special Autonomy of Papua

Science.gov (United States)

Hammar, Roberth Kurniawan Ruslak

2018-01-01

The protection and recognition of customary rights of Customary Law Community is a constitutional imperative according to the implementation of Article 18B of the 1945 Constitution. In order to minimize the conflict between government, employers and the community, it is necessary to understand the characteristics of customary rights of each tribe…

Legal and public health considerations affecting the success, reach, and impact of menu-labeling laws.

Science.gov (United States)

Pomeranz, Jennifer L; Brownell, Kelly D

2008-09-01

Because the rate of consumption of away-from-home meals has increased dramatically, the distinction between requiring nutrition information for packaged but not restaurant products is no longer reasonable. Public health necessitates that nutrition labels must be included with restaurant menus as a strategy to educate consumers and address the escalation of obesity. Menu-labeling laws are being considered at the local, state, and federal levels, but the restaurant industry opposes such action. We discuss the public health rationale and set forth the government's legal authority for the enactment of menu-labeling laws. We further aim to educate the public health community of the potential legal challenges to such laws, and we set forth methods for governments to survive these challenges by drafting laws according to current legal standards.

Freedom to divorce or protection of marriage? The divorce laws in Denmark, Norway, and Sweden in the early twentieth century.

Science.gov (United States)

Le Bouteillec, Nathalie; Bersbo, Zara; Festy, Patrick

2011-01-01

In the period 1909-1927, new laws concerning divorce and marriage were enacted by the Scandinavian countries. Both at the time and more recently, these laws were considered as "liberal" as they promoted greater freedom to divorce based on individuality and gender equality. In this article, the authors first analyze the changes in these Family laws in the early twentieth century. Then, the authors study the effect of these laws on divorce and marriage patterns. As these laws did not modify the trend in divorce rates, the authors ask why this was the case. The authors' conclusions are that the laws were more concerned with preserving the sanctity of marriage and maintaining social order than with promoting individual freedom and gender equality.

Freaky: Collaborative Enactments of Emotion

DEFF Research Database (Denmark)

Leahu, Lucian; Sengers, Phoebe

2015-01-01

The field of CSCW is increasingly drawing on theories and approaches from feminist philosophy of science. To date such efforts have focused on understanding users and their practices. We present a research prototype showing that feminist theories can lead to novel design solutions. Freaky is a mo...... is a mobile, interactive system that collaborates with its users in the enactment of emotion. Informed by the feminist literature, the system introduces a novel approach to emotion: designing for human-machine co-production of emotion....

Right of action and participation in administrative procedure of foreign neighbours as exemplified by Atomic Energy Law and the Law on Immission Control

International Nuclear Information System (INIS)

Lukes, R.; Dehmer, R.; Wendling, K.

1986-01-01

The article deals with the question whether the exclusion of foreigners from participation in a licensing procedure pursuant to Atomic Energy Law (Administrative Court Oldenburg, February 6, 1985) may be transferred to the licensing procedure pursuant to the Federal Art on Protection Against Harmful Effects on the Environment. A further problem concerns the consideration of foreign neighbours' interests by the licensing authority. While the authors accept the latter, they refuse the right of action of foreigners. (CW) [de

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

Science.gov (United States)

Rosenbaum, Sara; Schmucker, Sara

2017-10-01

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

Operational Law Handbook,2007

National Research Council Canada - National Science Library

2007-01-01

...), human rights, rules of engagement, emergency essential civilians supporting military operations, contingency contractor personnel, foreign and deployment, criminal law, environmental law, fiscal law...

A Comparison Between Reported and Enacted Pedagogical Content Knowledge (PCK) About Graphs of Motion

Science.gov (United States)

Mazibe, Ernest N.; Coetzee, Corene; Gaigher, Estelle

2018-04-01

This paper reports a case study of four grade 10 physical sciences teachers' PCK about graphs of motion. We used three data collection strategies, namely teachers' written accounts, captured by the content representation (CoRe) tool, interviews and classroom observations. We conceptualised the PCK displayed in the CoRe tool and the interviews as reported PCK and the PCK demonstrated during teaching as enacted PCK. These two manifestations of PCK were compared to establish the extent of agreement between reported and enacted PCK. We adopted the topic-specific PCK (TSPCK) model as the framework that guided this study. This model describes TSPCK in terms of five components of teacher knowledge. Guided by the model, we designed two rubrics to assess these manifestations of TSPCK on a four-point scale. The results of this study indicated that the reported PCK was not necessarily a reflection of the PCK enacted during teaching. The levels of PCK in the components were seldom higher in the enacted PCK, but tended to be similar or lower than in the reported PCK. The study implies that the enactment of PCK should be emphasised in teacher education.

eSPEM - A SPEM Extension for Enactable Behavior Modeling

Science.gov (United States)

Ellner, Ralf; Al-Hilank, Samir; Drexler, Johannes; Jung, Martin; Kips, Detlef; Philippsen, Michael

OMG's SPEM - by means of its (semi-)formal notation - allows for a detailed description of development processes and methodologies, but can only be used for a rather coarse description of their behavior. Concepts for a more fine-grained behavior model are considered out of scope of the SPEM standard and have to be provided by other standards like BPDM/BPMN or UML. However, a coarse granularity of the behavior model often impedes a computer-aided enactment of a process model. Therefore, in this paper we present eSPEM, an extension of SPEM, that is based on the UML meta-model and focused on fine-grained behavior and life-cycle modeling and thereby supports automated enactment of development processes.

Critical Ontology for an Enactive Music Pedagogy

Science.gov (United States)

van der Schyff, Dylan; Schiavio, Andrea; Elliott, David J.

2016-01-01

An enactive approach to music education is explored through the lens of critical ontology. Assumptions central to Western academic music culture are critically discussed; and the concept of "ontological education" is introduced as an alternative framework. We argue that this orientation embraces more primordial ways of knowing and being,…

Development and perspectives of principles of european insurance contract law

Directory of Open Access Journals (Sweden)

Ana Keglević

2013-01-01

Full Text Available Summary: Principles of European Insurance Contract Law (PEICL provides for a set of principles, definitions and model rules exclusively addressing general law for insurance contract. This work has been preformed within greater project for the creation of Common frame of reference on European contract law initiated by the Commission in 2003. PEICL is essentially designed to perform two basic functions. It would improve the quality of the EU acquis in the area of contract law, remove differences and achieve higher degree of divergences between contract laws of the Member states, and even help the national legislators when enacting legislation or Courts with the possible interpretation of the acquis. On the other hand PEICL could be adopted as an optional instrument, thus offering the common platform for contracting in the area of insurance law on the EU level. Possible Optional instrument would exist parallel with, rather instead of, national insurance contract laws. European Parliament resolution of 2011 on policy options for progress towards a European Contract Law for consumers and businesses and corresponding Green Paper of 2010 show positive tendency towards optional instrument in the legal form of Regulation. This would suit the requirements of the insurance sector. However, there are numerous signals showing adversely. For that reason this paper analyses the development and the status of Principles of European Insurance Contract Law particularly the status and perspectives of Principles within the project for the creation of European contract law.

World law

Directory of Open Access Journals (Sweden)

Harold J. Berman

1999-03-01

Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

Europe’s Constitutional Law in Times of Crisis: A Human Rights Perspective

Directory of Open Access Journals (Sweden)

Giorgio Baruchello

2016-03-01

Full Text Available In this paper, we aim to survey representative constitutional amendments in the European Union’s area, whether attempted or accomplished, as well as significant adjudications by constitutional bodies, since the outset of the ongoing international economic crisis, 2008-2015. We assess these legal phenomena in light of human rights jurisprudence. Pivotal reference in our work is the recently released 7th volume of the Annuaire international des droits de l’homme, edited by G. Katrougalos, M. Figueiredo and P. Pararas under the aegis of the International Association of Constitutional Law. Have European constitutions continued to function qua civil commons in the crisis years? That, at the deepest level of value scrutiny, is the question that our joint survey and analysis aim to answer.

The Implementation of the Sharia Law in Medical Practice: A Balance between Medical Ethics and Patients Rights.

Science.gov (United States)

Dargahi, Hossein

2011-01-01

As medical ethics indisputably needs to consider patients' religious beliefs and spiritual ideas, one can suggest that hospitals are responsible for not only patients' rights and dignity, but also for her/his religious concerns and expectations. The current study is designed shed some light on the patients' view of the implementation of religious law in Iranian hospitals, specifically, the right of patients to be visited and delivered health services by professionals from the same sex. This protocol is proposed by the Ministry of Health and Medical Education of the Islamic Republic of Iran as a response to the increasing demand for implementation of the religious law by Iranian patients. This research is a cross-sectional study which was conducted at four teaching general hospitals in Tehran, Iran. The data was collected by the means of a questionnaire distributed to 120 women who were admitted to different wards of the hospitals. These women were asked to express their opinion of the implementation the Same Sex Health Care Delivery (SSHCD) system in Iranian hospitals. All analyses were performed with the use of SPSS software, version 16.0. The results indicate that half of the hospitalized women believed that being visited by a physician from the same gender is necessary who advocated the implementation of SSHCD in a clinical setting; and most of their husbands preferred their wives to be visited exclusively by female physicians. This study highlights the view of the Iranian patients towards the issue and urges the Ministry of Health and Medical Education of the Islamic Republic of Iran to accelerate the implementation of this law. SSHCD is what the majority of Iranian patients prefer, and, considering patients' rights and the medical ethics, it should be implemented by Iranian policy makers.

Impact of a new mandatory reporting law on reporting and identification of child sexual abuse: A seven year time trend analysis.

Science.gov (United States)

Mathews, Ben; Lee, Xing Ju; Norman, Rosana E

2016-06-01

Child sexual abuse is widespread and difficult to detect. To enhance case identification, many societies have enacted mandatory reporting laws requiring designated professionals, most often police, teachers, doctors and nurses, to report suspected cases to government child welfare agencies. Little research has explored the effects of introducing a reporting law on the number of reports made, and the outcomes of those reports. This study explored the impact of a new legislative mandatory reporting duty for child sexual abuse in the State of Western Australia over seven years. We analyzed data about numbers and outcomes of reports by mandated reporters, for periods before the law (2006-2008) and after the law (2009-2012). Results indicate that the number of reports by mandated reporters of suspected child sexual abuse increased by a factor of 3.7, from an annual mean of 662 in the three year pre-law period to 2448 in the four year post-law period. The increase in the first two post-law years was contextually and statistically significant. Report numbers stabilized in 2010-2012, at one report per 210 children. The number of investigated reports increased threefold, from an annual mean of 451 in the pre-law period to 1363 in the post-law period. Significant decline in the proportion of mandated reports that were investigated in the first two post-law years suggested the new level of reporting and investigative need exceeded what was anticipated. However, a subsequent significant increase restored the pre-law proportion, suggesting systemic adaptive capacity. The number of substantiated investigations doubled, from an annual mean of 160 in the pre-law period to 327 in the post-law period, indicating twice as many sexually abused children were being identified. Copyright © 2016 Elsevier Ltd. All rights reserved.

The Energy Regulatory Commission (1). Law of the Comision Reguladora de Energia

International Nuclear Information System (INIS)

1995-01-01

The Energy Regulatory Commission. Reforms to the Electric Energy Public Service Law (1992) and the Regulatory Law of Article 27 on Petroleum (1995) have brought about fundamental changes in the electric and natural gas industries. The legal reforms explicitly permit the private sector to construct, operate, and own, systems of electric generation and natural gas transportation, storage and distribution. The participation of the private sector in these areas required a redefinition in the government regulatory institutions. Accordingly the Federal Congress enacted the law of the Comision Reguladora de Energia (CRE) in 1995. The CRE law expands the scope of the CRE's authority and the breadth of its powers beyond those established when it was initially created in 1993. The CRE commenced operations in January 1994 as a decentralized technical and consultative body of the Energy Ministry. The decree that created the Commission limited the scope of its authority to an analysis and consultative role applicable only to the electric industry. (Author)

Human rights principles in developing and updating policies and laws on mental health.

Science.gov (United States)

Schulze, M

2016-01-01

The World Health Organization's Mental Health Action Plan 2013-2020 stipulates human rights as a cross-cutting principle (WHO, 2013) and foresees global targets to update policies as well as mental health laws in line with international and regional human rights instruments. The international human rights agreements repeatedly refer to health, including mental health. The most pertinent provisions related to mental health are enshrined in the 2006 Convention on the Rights of Persons with Disabilities (CRPD), which sets out human rights in an accessible and inclusive fashion to ensure the equal participation of persons with disabilities. The inconclusive description of disability in the treaty overtly refers to 'mental impairment' as part of an explicitly evolving understanding of disability. This text sketches some of the underlying concepts as they apply to the realm of mental health: non-discrimination of persons with disabilities and measures that should be taken to ensure accessibility in a holistic understanding; removal of social and attitudinal barriers as much as communication and intellectual barriers but also institutional hurdles. The CRPD's paradigm shift away from framing disability mainly through deficits towards a social understanding of disability as the result of interaction and focusing on capacity is the core on which the provision of mental health services at community level to enable participation in society shall be ensured. Questions of capacity, also to make decisions and the possible need for support in so doing, are sketched out.

Sovereignties in Conflict: Socio-environmental Mobilization and the Glaciers Law in Argentina

OpenAIRE

Lucas Christel; Daniel Torunczyk

2017-01-01

Until 2010, the cycle of socio-environmental mobilization in Argentina against transnational mining that began in 2003 had influenced legislative power only at subnational levels. The enactment of the Glaciers Law in 2010 constituted the first time that socio-environmental mobilization successfully influenced legislative power at the federal level. This article makes a double contribution to the analysis of this type of conflict. In theoretical terms, through the notion of “sovereignties in c...

Law, Marxism and Method

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Paul O'Connell

2018-05-01

Full Text Available Law is crucial to the maintenance and reproduction of capitalism. While Marx never produced a comprehensive theory of law, state and rights, there is much in his work, and in the broader Marxist tradition, that can help us understand the nature and role of law in contemporary capitalism. This paper sketches out some of the key resources from within the Marxist tradition that can assist us in developing Marxist understandings of law, state and rights today. Specifically, the focus is on the question of method, drawing out three key strands from Marx's own work: (i the importance of dialectical materialist analysis; (ii the historically specific and transitory nature of capitalism and (iii the centrality of class antagonism and class struggle. The argument advanced here, in sum, is that Marxist explanations of law, state and rights should foreground these analytical reference points, in order to make the role of law intelligible, and to begin to sketch how movements for fundamental social change might understand and engage with the law.

HIV / AIDS and the law.

Science.gov (United States)

1997-09-01

Since HIV is sexually transmitted, people living with AIDS and HIV (PWA/PHA) risk being stigmatized as immoral and promiscuous and they are often discriminated against in society. To this effect, the South African AIDS Law Project and Lawyers for Human Rights have developed a comprehensive resource manual detailing human rights with a special emphasis on issues relevant to PWA/PHA. The concept of the manual aimed to look at the legal and human rights questions that have been raised by the HIV/AIDS epidemic; inform people living with HIV/AIDS about their rights and the law; provide people working in businesses, trade unions, and nongovernmental organization with information about correct and incorrect responses to HIV/AIDS; and give victims of discrimination ideas on how to fight back. This manual initially introduces basic facts about HIV and AIDS and then describes the legal system and the Bill of Rights within the new South African Constitution. The main areas of focus in the manual include: 1) patient's medical rights, 2) employment rights, 3) women's rights, 4) the rights of lesbians and gay men, 5) the rights of youth and children, 6) the rights of prisoners, 7) social support for PWA, 8) HIV/AIDS and insurance law, 9) power of attorney and making wills, 10) criminal law, and 11) legal remedies, such as using the law to protect one's rights.

The trespasses of property law.

Science.gov (United States)

Wall, Jesse

2014-01-01

The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

Foundations of Modern Legal Thought: the Primacy of Right and the Form of Validity as the Mode of Existence of Law

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Afredo Bergés

2013-12-01

Full Text Available The aim of the present article is to show the specificity of the modern legal thought that elevates the activity of free will to the principle of law. Since the ultimate source of all normativity, according to the pre-modern legal thought, lies beyond human activity, man is considered to be under a givenobligation towards the source from which all rights and duties originate: «nature» imposes its law uponman. Such a pre-modern grounding of norms immediately opens up the possibility of denying one anyright (slavery if one has not full filled their fundamental duty. When traditional sources of normativity lose their efficiency and credibility, it becomes necessary to resort to an immanent principle: the activity of the autonomous subject. This principle is the true foundation of the «original, inalienable right» of man. Law isa construction that is valid only insofar as it is an adequate actualization of the concept of freedom.

Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999–2010

Science.gov (United States)

Bachhuber, Marcus A.; Saloner, Brendan; Cunningham, Chinazo O.; Barry, Colleen L.

2015-01-01

IMPORTANCE Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. OBJECTIVE To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. DESIGN, SETTING, AND PARTICIPANTS A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. EXPOSURES Presence of a law establishing a medical cannabis program in the state. MAIN OUTCOMES AND MEASURES Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. RESULTS Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, −37.5% to −9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (−19.9%; 95% CI, −30.6% to −7.7%; P = .002), year 2 (−25.2%; 95% CI, −40.6% to −5.9%; P = .01), year 3 (−23.6%; 95% CI, −41.1% to −1.0%; P = .04), year 4 (−20.2%; 95% CI, −33.6% to −4

The right to life and criminal-law protection of the human person in the Western Balkans

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Etlon Peppo

2015-07-01

Full Text Available The basic principle for which a democratic governance stands, are expressed in the “Declaration of Independence of the United States of America with the words of Thomas Jefferson: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed” The government of a democratic state does not exist to recognize the basic human rights, but to respect and guarantee the protection of these rights that any person possesses and benefits due to his existence starting from the most important right: The right to life, which is faced against the duty of the state for the protection of the human person’s life! In this sense this article analyzes the criminal-law protection of life in the Western Balkans.

Right to decide and self-determination in the Catalan case. Analysis and reflection according to the Spanish Constitutional Law

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Gina Marietta OLCESE SCHENONE

2015-07-01

Full Text Available The paper analyzes the issue of the right to decide and self-determination in the current case of Catalonia from a legal point of view and within the Spanish constitutional framework. In particular, this analysis explores three aspects: a The right to self-determination, general aspects and the Spanish Constitution; b The right to decide as a regional consultation or referendum under Spanish law; c Initiative of constitutional reform as a possible way to deal with the separatist aspirations of Catalonia. 

Internationalization of law globalization, international law and complexity

CERN Document Server

Dias Varella, Marcelo

2014-01-01

The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

The Enactive Approach to Architectural Experience: A Neurophysiological Perspective on Embodiment, Motivation, and Affordances.

Science.gov (United States)

Jelić, Andrea; Tieri, Gaetano; De Matteis, Federico; Babiloni, Fabio; Vecchiato, Giovanni

2016-01-01

Over the last few years, the efforts to reveal through neuroscientific lens the relations between the mind, body, and built environment have set a promising direction of using neuroscience for architecture. However, little has been achieved thus far in developing a systematic account that could be employed for interpreting current results and providing a consistent framework for subsequent scientific experimentation. In this context, the enactive perspective is proposed as a guide to studying architectural experience for two key reasons. Firstly, the enactive approach is specifically selected for its capacity to account for the profound connectedness of the organism and the world in an active and dynamic relationship, which is primarily shaped by the features of the body. Thus, particular emphasis is placed on the issues of embodiment and motivational factors as underlying constituents of the body-architecture interactions. Moreover, enactive understanding of the relational coupling between body schema and affordances of architectural spaces singles out the two-way bodily communication between architecture and its inhabitants, which can be also explored in immersive virtual reality settings. Secondly, enactivism has a strong foothold in phenomenological thinking that corresponds to the existing phenomenological discourse in architectural theory and qualitative design approaches. In this way, the enactive approach acknowledges the available common ground between neuroscience and architecture and thus allows a more accurate definition of investigative goals. Accordingly, the outlined model of architectural subject in enactive terms-that is, a model of a human being as embodied, enactive, and situated agent, is proposed as a basis of neuroscientific and phenomenological interpretation of architectural experience.

The 'long and winding road' of Serbian Law (back to Europe

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Pürner Stefan

2014-01-01

Full Text Available In this article, the author analyses the development of law of the SFRJ and the contemporary Serbian Law since the 1980s up to date in selected areas of law, and examines how 'European' it has been throughout this period. In this context, the term 'European' is not to be understood in terms of harmonization with the acquis but rather as a pre-stage in this course which implies a general orientation towards continental European principles and openness towards other European states (in particular, concerning the legal provisions on foreign investment. The analysis has yielded the following conclusions: Under a 'socialist layer' (including, for example, the Constitution of SFRY, the Law on Associated Labour and some provisions of the Criminal Law such as Article 133, the law of the SFRJ in the 1980s was much more European than it is actually known in Western Europe. The examples may be found in the substantive provisions of the 1978 Law on Obligations and in the field of procedural law, particularly in the Law on Civil Procedure was tailored upon the model of the Austrian Civil Procedure Code (called the 'Klein'sche ZPO'. Moreover, in the field of constitutional and administrative judiciary, the SFRY was not only ahead of the other socialist countries but also ahead of a lot of other Western European countries. The opening towards other European states was also reflected in the legislation on foreign investment. In this context, it is worth noting that the SFRJ was the first socialist state which enacted such legislation as early as in 1967. By enacting the Law on the Social Capital and the Law on Enterprises, the SFRY began the transformation of its legal system in 1988, well before the fall of the Berlin wall and considerable earlier than the traditional socialist states. For these reasons, it is justified to say that the law of the SFRY and Serbia during the socialist time was (underneath the layer of socialist law already more European than a

Enacted Types of Algebraic Activity in Different Classes Taught by the Same Teacher

Science.gov (United States)

Eisenmann, Tammy; Even, Ruhama

2011-01-01

The aim of this study was to examine how teachers enact the same written algebra curriculum materials in different classes. The study addresses this issue by comparing the types of algebraic activity (Kieran, 2004) enacted in two 7th grade classes taught by the same teacher, using the same textbook. Data sources include lesson observations and an…

Law, Community and Ultima Ratio in Transnational Law

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Massimo Fichera

2013-01-01

Full Text Available The paper aims to examine the concept of transnational law and the way market forces affect the notion of community at the transnational level. Can the principle of ultima ratio operate in this context and how should this occur? Recent events, including the expansion of the anti-money laundering legislation and the measures enacted following the economic crisis, will be used as emblematic cases illustrating the development of transnational law and its impact on society. The analysis will also focus on a general discussion on whether the market can be considered an integral part of a transnational community and the extent to which principles and ideas generated in criminal law can contribute to a community-oriented approach. Este artículo pretende examinar el concepto de derecho transnacional y la forma en las fuerzas del mercado influyen en la noción de comunidad en el ámbito transnacional. ¿Puede el principio de ultima ratio operar en este contexto y cómo debería ocurrir? Los últimos acontecimientos, incluida la ampliación de la legislación contra el blanqueo de dinero y las medidas adoptadas a raíz de la crisis económica, se utilizarán como casos emblemáticos que ilustran el desarrollo del derecho transnacional y su impacto en la sociedad. El análisis se centrará también en un análisis general sobre si el mercado puede ser considerado como parte integrante de una comunidad transnacional y en qué medida los principios e ideas generadas en el derecho penal pueden contribuir a un enfoque orientado a la comunidad. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2200872

Contract law – Symbolic but sensible – the Contracts (Rights of Third Parties) Act 1999

OpenAIRE

Tettenborn, Andrew

2000-01-01

The author looks at the aims and impact of the UK’s Contracts (Rights of Third Parties) Act 1999, describing how the legislation allowing strangers to enforce contracts made for their benefit aligns the UK with much of the USA, New Zealand and Australia. Article by Andrew Tettenborn (Bracton Professor of Law, University of Exeter). Published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society ...

Harmonisation of ASEAN’s Intellectual Property Rights Law; Is it Possible?

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Nurul Barizah

2017-04-01

Full Text Available Intellectual Property Rights (IPR is one of the most important subjects of trading, not only in the era of globalism, but also in this era of regionalism.  In the regional ASEAN, its significant of IPR protection has made Member Nations introduced ASEAN Framework Agreement on Intellectual Property (IP Cooperation in 1995, a year after the conclusion of the Trade-related Aspects of Intellectual Property Rights (TRIPs Agreement of the World Trade Organization (WTO. This paper discusses  the current development of this Framework in the light to harmonise Intellectual Property (IP laws in the region, covering  the objectives, the basic principles, and some substantial provisions. Then, it examines whether fast pace of IP laws development in ASEAN have been mainly driven by this Framework Agreement or the countries’s deadline to comply with the TRIPs obligations. This paper also examines whether the regional economic cooperation of ASEAN Free Trade Agreement (FTA with their trading partners pay a specific attention to the issue of IPR. By taking into account the different level of national IPRs laws, and its current development, it can be concluded that the ASEAN framework on IP Cooperation is rather ambitious. The Working Groups succeeded in developing draft on regional filing forms for IP registration, but the progress in the introduction of the system has been very slow.                                                                        AbstrakHak Kekayaan Intelektual (HKI merupakan salah satu subyek perdagangan yang sangat penting, tidak hanya di era globalisasi, tetapi juga di era regionalisasi. Dalam regional ASEAN,  pentingnya perlindungan HKI telah membuat negara-negara anggota menyepakati Kerangka Perjanjian Kerjasama Kekayaan Intelektual tahun 1995, setahun setelah disepakatinya Perjanjian yang terkait dengan Hak Kekayaan Intelektual (TRIPs yang diprakasai

Italy’s ‘Zampa’ law: increasing protection for unaccompanied children

OpenAIRE

Joseph Lelliott

2018-01-01

Italy has enacted comprehensive legislation to protect the rights of unaccompanied children arriving in Italy. While flaws remain in Italy’s treatment of these particularly vulnerable migrants, the country’s protection-focused approach sets an example to other countries.

EU Labour Law

DEFF Research Database (Denmark)

Nielsen, Ruth

The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

Hospital employee assault rates before and after enactment of the california hospital safety and security act.

Science.gov (United States)

Casteel, Carri; Peek-Asa, Corinne; Nocera, Maryalice; Smith, Jamie B; Blando, James; Goldmacher, Suzi; O'Hagan, Emily; Valiante, David; Harrison, Robert

2009-02-01

This study examines changes in violent event rates to hospital employees before and after enactment of the California Hospital Safety and Security Act in 1995. We compared pre- and post-initiative employee assault rates in California (n = 116) emergency departments and psychiatric units with those in New Jersey (n = 50), where statewide workplace violence initiatives do not exist. Poisson regression with generalized estimating equations was used to compare assault rates between a 3-year pre-enactment period (1993-1995) and a 6-year post-enactment period (1996-2001) using New Jersey hospitals as a temporal control. Assault rates among emergency department employees decreased 48% in California post-enactment, compared with emergency department employee assault rates in New Jersey (rate ratio [RR] = 0.52, 95% confidence interval [CI]: 0.31, 0.90). Emergency department employee assault rates decreased in smaller facilities (RR = 0.46, 95% CI: 0.21, 0.96) and for-profit-controlled hospitals (RR = 0.39, 95% CI: 0.19, 0.79) post-enactment. Among psychiatric units, for-profit-controlled hospitals (RR = 0.41, 95% CI: 0.19, 0.85) and hospitals located in smaller communities (RR = 0.44, 95% CI: 0.21, 0.92) experienced decreased assault rates post-enactment. Policy may be an effective method to increase safety to health care workers.