WorldWideScience

Sample records for rights laws recognize

  1. Recognizing indigenous identity in postcolonial Malaysian law: Rights and realities for the Orang Asli (aborigines of Peninsular Malaysia

    Directory of Open Access Journals (Sweden)

    Alice M. Nah

    2008-12-01

    indigenous customary practices was already incorporated, albeit for certain indigenous groups and not for others. In order to recognize and protect the ‘special rights’ of indigenous persons, it became vital to define the legal identity of individuals. It was necessary for British administrators to determine which groups were ‘indigenous’, what specific criteria were required for demonstrating membership of these groups, and when disputes occurred, to determine which individuals possessed a legitimate claim of belonging. They also had to decide if the rights and privileges were accorded on a group or individual basis. These decisions are neither ahistorical nor apolitical. In this paper, I examine the contemporary case of the Orang Asli, the minority indigenous peoples of the Malay Peninsula. I begin by providing an outline of political developments that have resulted in the legal recognition of three groups of people as having indigenous status. I also review the evolution of the Malaysian legal system in order to provide a context for subsequent discussion. I then look at how Orang Asli are recognized in the Federal Constitution and in statutes, with reference to case law, as the meaning and weight of these written laws were elaborated in court judgements. I then look at three court cases, reviewing the right to engage in commercial activities in aboriginal places as decided in the Koperasi Kijang Mas Bhd & Ors v. Kerajaan Negeri Perak & Ors (1991, hereafter referred to as the Koperasi Kijang Mas case; the recognition of native title and usufructuary rights as recognized in Adong Kuwau & Ors v. Kerajaan Negeri Johor & Anor (1997, hereafter referred to as the Adong Kuwau case, a judgement upheld in the Court of Appeal (Kerajaan Negeri Johor & Anor v. Adong Kuwau & Ors (1998 and the Federal Court;2 as well as proprietary rights in and to the land which were recognized in the Sagong Tasi & Ors v. Kerajaan Negeri Selangor & Ors (2002 ruling, hereafter referred to as

  2. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

    The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

  3. 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.

  4. Abuse of rights in Community Law

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2006-01-01

    The article analyses the case law of the ECJ on abuse of rights with the aim to determine the extent to which EU law allows Member States and others to take measures to prevent abuse of Community rights...

  5. Human Rights in National Administrative Law

    DEFF Research Database (Denmark)

    Næsborg-Andersen, Ayo

    rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory...... developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally.......Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human...

  6. [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.

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

    Directory of Open Access Journals (Sweden)

    Wemmers Jo-Anne

    2012-01-01

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

  8. 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.

  9. Human Rights Arrangement on Indonesian Law

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    S. Masribut Sardol

    2014-01-01

    Full Text Available Article 1 paragraph (3 of the Constitution of 1945 (UUD 1945 stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J, have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011. How To Cite: Sardol, S. (2014. Human Rights Arrangement on Indonesian Law. Rechtsidee, 1(1, 85-100. doi:http://dx.doi.org/10.21070/jihr.v1i1.105

  10. Business and human rights: from soft law to hard law?

    Directory of Open Access Journals (Sweden)

    Ramona Elisabeta Cîrlig

    2016-12-01

    Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

  11. 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

  12. 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.

  13. 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 ...

  14. 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,.

  15. 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

  16. 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

  17. Lifting as We Climb: Recognizing Intersectional Gender Violence in Law

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    Shreya Atrey

    2015-12-01

    Full Text Available This paper interrogates the meaning of lifting all women as we climb the ladder of gender equality and justice by recognizing that gender violence affects women differently. This is because violence against women is perpetrated not only on the basis of their gender or sex but also other identities of race, religion, caste, region, age, disability, nationality, sexual orientation etc. With reference to CEDAW jurisprudence and examples from India, I seek to explain this understanding with the help of a normative framework of ‘intersectional integrity’. The framework insists on considering claimants as a whole by tracing unique and shared patterns of gender violence when it is also based on other identities such as race, religion, caste, region, age, disability, nationality, and sexual orientation. I argue that applying the framework allows us to diagnose and address the nature of violence suffered on multiple identities, in a clear and comprehensive way. Este artículo cuestiona el sentido de levantar a todas las mujeres a medida que se asciende la escalera de la igualdad de género y la justicia, reconociendo que la violencia de género afecta a las mujeres de manera diferente. Esto se debe a que la violencia contra las mujeres se comete no sólo sobre la base de su género o sexo, sino también por su raza, religión, casta, región, edad, discapacidad, nacionalidad, orientación sexual, etc. Se pretende explicar esta afirmación con la ayuda de un marco normativo de “integridad interseccional”, a través de referencias a la jurisprudencia del CEDAW y ejemplos de la India. El marco insiste en considerar a las demandantes en su conjunto, trazando patrones únicos y compartidos de violencia de género cuando se basa también en otras identidades como raza, religión, casta, región, edad, discapacidad, nacionalidad, orientación sexual. Se sostiene que la aplicación del marco permite diagnosticar y abordar la naturaleza de la violencia

  18. Shareholders rights and remedies (comparative law perspective

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    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.

  19. 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.

  20. 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.

  1. 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.

  2. 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…

  3. 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

  4. 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....

  5. 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...

  6. Food Prints on Human Rights Law Paradigms

    NARCIS (Netherlands)

    Meulen, van der B.M.J.; Ratescu, I.

    2014-01-01

    This article discusses the interaction between the development of the doctrine on human rights, in general, and on the right to food, in particular. In 1948 the General Assembly of the United Nations adopted the Universal Declaration of Human Rights, which listed the rights that were considered to

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

    Directory of Open Access Journals (Sweden)

    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.

  8. 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...

  9. 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.

  10. 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

  11. 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

  12. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  14. Does Customary Law Discriminate Balinese Women’s Inheritance Rights?

    Directory of Open Access Journals (Sweden)

    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.

  15. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  17. 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

  18. 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

  19. 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

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

    Directory of Open Access Journals (Sweden)

    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

  1. International legal protection of environment in the system of fundamental generally recognized principles of international law

    International Nuclear Information System (INIS)

    Meherremov, A.A.

    2007-01-01

    The issue of international legal protection of environment in the system of fundamental, generally recognized principles of international law is analyzed in the article taking into consideration the different opinions in legal scientific researches and international practice. It is concluded that the protection of environment for the present and next generations - is a basic principle of international legal protection of environment. The meaning of this principleis that the countries will take all necessary measures for preservation and promotion of the quality of environment for the present and next generations, as well as rational management of natural resources. Adoption and national legal implementation of specific norms, in conformity with that basic principle, is a main factor in resolution of environmental problemsand ensuring environmental security

  2. 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...

  3. 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.

  4. 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.

  5. 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.

  6. 18 CFR 1314.4 - Law governing the rights and obligations of TVA and Reserve Banks; law governing the rights of...

    Science.gov (United States)

    2010-04-01

    ... rights and obligations of TVA and Reserve Banks; law governing the rights of any Person against TVA and... FEDERAL RESERVE BANKS § 1314.4 Law governing the rights and obligations of TVA and Reserve Banks; law governing the rights of any Person against TVA and Reserve Banks; law governing other interests. (a) Except...

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

    Directory of Open Access Journals (Sweden)

    Vujović Dragana

    2014-01-01

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

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

    Science.gov (United States)

    Taylor, Maeve

    2015-07-01

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

  9. 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...

  10. 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,

  11. 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,

  12. 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.

  13. 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.

  14. 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

  15. 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.

  16. 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.

  17. 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

  18. 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....

  19. 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....

  20. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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 ...

  11. 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.

  12. 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...

  13. Cancer Care and Control as a Human Right: Recognizing Global Oncology as an Academic Field.

    Science.gov (United States)

    Eniu, Alexandru E; Martei, Yehoda M; Trimble, Edward L; Shulman, Lawrence N

    2017-01-01

    The global burden of cancer incidence and mortality is on the rise. There are major differences in cancer fatality rates due to profound disparities in the burden and resource allocation for cancer care and control in developed compared with developing countries. The right to cancer care and control should be a human right accessible to all patients with cancer, regardless of geographic or economic region, to avoid unnecessary deaths and suffering from cancer. National cancer planning should include an integrated approach that incorporates a continuum of education, prevention, cancer diagnostics, treatment, survivorship, and palliative care. Global oncology as an academic field should offer the knowledge and skills needed to efficiently assess situations and work on solutions, in close partnership. We need medical oncologists, surgical oncologists, pediatric oncologists, gynecologic oncologists, radiologists, and pathologists trained to think about well-tailored resource-stratified solutions to cancer care in the developing world. Moreover, the multidisciplinary fundamental team approach needed to treat most neoplastic diseases requires coordinated investment in several areas. Current innovative approaches have relied on partnerships between academic institutions in developed countries and local governments and ministries of health in developing countries to provide the expertise needed to implement effective cancer control programs. Global oncology is a viable and necessary field that needs to be emphasized because of its critical role in proposing not only solutions in developing countries, but also solutions that can be applied to similar challenges of access to cancer care and control faced by underserved populations in developed countries.

  14. 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

  15. Principles of International Economic Law, and the Right to Economic ...

    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 2 (2011) >. Log in or Register to get access to full text downloads.

  16. 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

  17. 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 ...

  18. The importance of decolonizing International Human Rights Law: The prior consultation in Colombia case

    Directory of Open Access Journals (Sweden)

    Jimena Sierra-Camargo

    2017-08-01

    Full Text Available Prior consultation has been recognized as one of the most emancipatory instruments within the framework of international human rights law, which currently allows indigenous peoples and ethnic communities defend their territories. Nevertheless, in some cases the prior consultation has had an ambivalent use by other agents who have used this instrument for different purposes than those stated in ILO Convention 169 and that have caused serious damages on these groups. In this sense, the main purpose of this article is to question the ambivalent use of prior consultation in Colombia from the perspective of ‘decolonial thinking’, and in particular, from the notion of ‘coloniality’. I argue that the problem of the restrictions and limitations of the prior consultation described in this article is due to the colonial bias of this instrument, which in turn is embedded in a liberal rationality.

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

    Directory of Open Access Journals (Sweden)

    Sindhu VIJAYA KUMAR

    2010-11-01

    Full Text Available God endowed man and women with same sense of emotion, passion, pain and pleasure, yet both differ from each other. Her gentle tenderness and tolerance make her different from her fellow partner. Indeed women are given place of pride in almost all the religion. Her importance, rights and privileges are recognized by almost all religious scripture. Even then she is subjected to several socialprejudices. Causing carnal catastrophe is one of the most demeaning devices adopted to subjugate women. Today the greater challenging before her is to protect her dignity chastity and virginity.Women are sexually exploited in almost all sphere of life. This crime has neither face of its own nor any territorial boundary but with the fact that women are to greater extent its victim, the degree of thiscrime and the victims’ status aftermath the crime differ. In India the incident of rape seems to be less when compared with the foreign country. Numerically, among all crime rape is relatively in frequentphenomenon (0.3 % of total crime in India but among the crime against the women the rape constitute the highest percentage. Case study reveals that there has been a strong increase in offenceof rape in past decade. There has been almost 2,487 rape cases reported between 1971 to 1978, which had increased to 4,621 cases in the same year. According to the official statistic produce by theNational Human right commission Delhi in the year 1991, one woman is molested every 26 minute. These are statistic reported cases, which if include unreported cases the matter would have been ofevery second rather than minute. In response to this government of India approached Law commission with a request to suggest substantive and procedural reformation of criminal law. In spite of amendment made to the criminal law in 1983, the legal system could hardy control the crime, perhaps there is a necessity of awaking calls from the victims’ side on one hand and rapid

  20. Rights and obligations of communal enterprises under Polish administrative law

    International Nuclear Information System (INIS)

    Filipek, J.

    1992-01-01

    The paper elucidates the legal environment in which Polish power producing and distributing enterprises operate. In particular, the different forms of communal enterprises are described: public owned companies; public owned companies serving ''higher purposes''; communal enterprises operating on the strength of special laws; forms of organization subject to private law. Over the long term the rules in the sphere of the communal economy can be simplified. As the administrative judiciary develops, comprehensive administrative surveillance will become superfluous. The communal enterprises render their services to the citizen. The legal remedies at the citizen's disposal are the administrative complaint and the appeal to the administrative courts. (orig./HSCH) [de

  1. 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.

  2. New "Right to Work" Laws Could Hobble Faculty Unions

    Science.gov (United States)

    Schmidt, Peter

    2013-01-01

    Faculty unions outside Michigan have reason to be concerned with its passage of legislation barring unions from collecting fees from workers who do not join them. But the experiences of faculty unions in states that adopted such laws years ago suggest that while the measures can be a major hindrance to their work, they are not a death blow.…

  3. 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.

  4. 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...

  5. 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.

  6. 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...

  7. Prisoners' rights under the Nigerian law: legal pathways to ...

    African Journals Online (AJOL)

    This article examines basic fundamental human rights which should not be forfeited as a result of incarceration. It evaluates how such rights fare in the Nigerian prison system, and itemizes practical measures that must be put in place to ensure the protection and fulfilment of these rights in Nigeria. Keywords: prisoners ...

  8. 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

  9.   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...

  10. 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...

  11. 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,

  12. 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 ...

  13. Constitutional Law: Right of Privacy--Possession of Marijuana

    Science.gov (United States)

    Rohrer, David E.

    1976-01-01

    The Alaska Supreme Court in Ravin v. State accepted the defendant's contention that the prohibition of possession of marihuana infringed on his constitutional right to privacy. The significance of the case is discussed. (LBH)

  14. [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.

  15. The Right to Relate : A Lecture on the Importance of "Orientation" in Comparative Sexual Orientation Law

    NARCIS (Netherlands)

    Waaldijk, C.

    2013-01-01

    The right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights in 1976. Since then such a right has been recognized in similar words by national and international

  16. 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

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

    Science.gov (United States)

    Curry, Michael J.

    1981-01-01

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

  18. 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 ...

  19. 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…

  20. 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’

  1. 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.

  2. 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…

  3. 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)

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

    Science.gov (United States)

    Chopra, Tushti

    2013-01-01

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

  5. 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

  6. 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

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

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

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

  8. 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 ...

  9. 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...

  10. Advancement of human rights standards for LGBT people through the perspective of international human rights law

    Directory of Open Access Journals (Sweden)

    Lucie Cviklová

    2012-01-01

    Full Text Available The article addresses the issue how various religious and legal systems cope with current developments that undermine binary opposition of man and woman including definition of their sexual and cultural identities. More concretely, it tries to explain, how concrete societies and legislations deal with claims of lesbians, gays, bisexuals, and transsexuals (LGBT that claim broader recognition. It elucidates differences among Western provisions and policies of the relevant legal bodies such as the General Assembly of the United Nations, the European Court of Human Rights and the Supreme Court concerning these issues. It also points to the nature and real impact of international civil society forces such as Yogyakarta principles that formulate extension of rights concerning lesbians, gays, bisexuals, and transsexuals. On the basis of comparison of various legal and religious discourses it explains current practices of direct and indirect discrimination and in some non-European national systems even extra-judicial killings, torture and ill-treatment, sexual assault, rape and other violations of human rights. When emphasizing substantial differences among current European states and non-European ones concerning policies toward lesbian, gay, bisexual and transgender people (LGBT, it shows current tendencies of advancement in the field by common policies of Council of Europe, recent judgments issued by the European Court of Human Rights as well as civil society efforts such as Yogyakarta principles. Swedish standards have been introduced in order to emphasize existing progressive attitudes to LGBT people concerning gay marriages and adoption procedures.

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

    Science.gov (United States)

    Bishop, Cheryl Ann

    2009-01-01

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

  12. 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.

  13. 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 ...

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

    Science.gov (United States)

    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…

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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.

  20. 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.

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

    OpenAIRE

    Swart, Sarah

    2009-01-01

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

  2. 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...

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  5. Conditions for the lawful exercise of the right of self-defence in international law

    Directory of Open Access Journals (Sweden)

    Upeniece V.

    2018-01-01

    Full Text Available The Charter of the United Nations wasthought to establish a normative order, maintain international peace and security. According to the Article 51 of the Charter of the United Nations “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs”[1]. However the Article 51 doesnot propose a legal definition of the conduct which is considered as an armed attack or the commencement of such an attack. It does not propose strict criterions for the use of force for self-defence. As a result different interpretations of this norm have been arising and continuing to change in response to new situations and threats.

  6. 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...

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  9. The right to vote of persons with disabilities and, specially, of persons with mental and intellectual disabilities in public international law. Its reception in Spain

    Directory of Open Access Journals (Sweden)

    Víctor Carlos Pascual Planchuelo

    2016-12-01

    Full Text Available This study describes the different international treaties and instruments, at universal and regional levels, that protect –directly or indirectly- the right to political participation and the right to vote of all persons with all kind of disabilities. Specifically, the United Nations Convention on the Rights of Persons with Disabilities (2006 brings a change in the framework on disability, by proclaiming their right to political participation, and recognizing their legal capacity in equal conditions to the rest of the people. The consequence of this analysis is that Spain must guarantee the right to vote of all persons with disabilities regardless the type of disability (physical, intellectual, mental o sensory, being necessary the adaptation of its domestic laws to international engagements and obligations; therefore, the Spanish authorities are obliged to remove or reform of the article 3 of Electoral General Organic Law.

  10. Advancing sexual health through human rights: the role of the law.

    Science.gov (United States)

    Kismödi, Eszter; Cottingham, Jane; Gruskin, Sofia; Miller, Alice M

    2015-01-01

    Since the International Conference on Population and Development, definitions of sexuality and sexual health have been greatly elaborated alongside widely accepted recognition that sexual health requires respect, protection and fulfilment of human rights. Considerable progress has also been made in enacting or changing laws that affect sexuality and sexual health, in line with human rights standards. These measures include legal guarantees against non-discrimination and violence, decriminalisation of consensual sexual conduct and guaranteeing availability, accessibility, acceptability and quality of sexual health information and services to all. Such legal actions have had positive effects on health and specifically on sexual health, particularly for marginalised populations. Yet in all regions of the world, laws still exist which jeopardise health, including sexual health, and violate human rights. In order to ensure accountability for the rights and health of their populations, states have an obligation to bring their laws into line with international, regional and national human rights standards. These rights-based legal guarantees, while insufficient alone, are essential for effective systems of accountability, achieving positive sexual health outcomes and the respect and protection of human rights.

  11. 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.

  12. 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

  13. 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 ...

  14. 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 ...

  15. 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

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

    Directory of Open Access Journals (Sweden)

    Abu Rokhmad

    2017-12-01

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

  17. 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…

  18. 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

  19. "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.

  20. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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)

  5. Recognizing and exploring the right questions with climate data: An example of better understanding ENSO in climate projections

    Science.gov (United States)

    Ammann, C. M.; Brown, B.; Kalb, C. P.; Bullock, R.; Buja, L.; Gutowski, W. J., Jr.; Halley-Gotway, J.; Kaatz, L.; Yates, D. N.

    2017-12-01

    Coordinated, multi-model climate change projection archives have already led to a flourishing of new climate impact applications. Collections and online tools for the computation of derived indicators have attracted many non-specialist users and decision-makers and facilitated for them the exploration of potential future weather and climate changes on their systems. Guided by a set of standardized steps and analyses, many can now use model output and determine basic model-based changes. But because each application and decision-context is different, the question remains if such a small collection of standardized tools can faithfully and comprehensively represent the critical physical context of change? We use the example of the El Niño - Southern Oscillation, the largest and most broadly recognized mode of variability in the climate system, to explore the difference in impact contexts between a quasi-blind, protocol-bound and a flexible, scientifically guided use of climate information. More use oriented diagnostics of the model-data as well as different strategies for getting data into decision environments are explored.

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

    Directory of Open Access Journals (Sweden)

    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.

  7. 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.

  8. 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

  9. 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 ...

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

    Science.gov (United States)

    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.

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

    Science.gov (United States)

    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.

  12. 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/.

  13. Act No. 23.592 adopting measures against those who arbitrarily impede the full exercise of fundamental rights and guarantees recognized in the National Constitution, 23 August 1988.

    Science.gov (United States)

    1988-01-01

    This Act provides that whoever arbitrarily impedes, obstructs, restricts, or in any other way limits the full exercise on an equal basis of fundamental rights and guarantees recognized by the National Constitution of Argentina will be obligated, at the request of the injured person, to render the discriminatory act without effect or cease in its realization and repair the moral and material damage that has resulted. To be particularly scrutinized are discriminatory acts or omissions undertaken for sexual reasons, among others. full text

  14. 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...

  15. 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.

  16. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  18. The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Jorida Xhafaj

    2015-12-01

    Full Text Available identity is the way in which a person is self-identified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life. This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family. The right for a family life has found protection in the Albanian national legislation. The Constitution of theRepublicofAlbaniaof 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments. For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR. The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.

  19. 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.

  20. Finding solid ground: law enforcement, key populations and their health and rights in South Africa.

    Science.gov (United States)

    Scheibe, Andrew; Howell, Simon; Müller, Alexandra; Katumba, Munyaradzi; Langen, Bram; Artz, Lillian; Marks, Monique

    2016-01-01

    Sex workers, people who use drugs, men who have sex with men, women who have sex with women and transgender people in South Africa frequently experience high levels of stigma, abuse and discrimination. Evidence suggests that such abuse is sometimes committed by police officers, meaning that those charged with protection are perpetrators. This reinforces cycles of violence, increases the risk of HIV infection, undermines HIV prevention and treatment interventions and violates the constitutional prescriptions that the police are mandated to protect. This paper explores how relationship building can create positive outcomes while taking into account the challenges associated with reforming police strategies in relation to key populations, and vice versa. We argue that relationships between law enforcement agencies and key populations need to be re-examined and reconstituted to enable appropriate responses and services. The antagonistic positioning, "othering" and blame assignment frequently seen in interactions between law enforcement officials and key populations can negatively influence both, albeit for different reasons. In addressing these concerns, we argue that mediation based on consensual dialogue is required, and can be harnessed through a process that highlights points of familiarity that are often shared, but not understood, by both parties. Rather than laying blame, we argue that substantive changes need to be owned and executed by all role-players, informed by a common language that is cognisant of differing perspectives. Relational approaches can be used to identify programmes that align goals that are part of law enforcement, human rights and public health despite not always being seen as such. Law enforcement champions and representatives of key populations need to be identified and supported to promote interventions that are mutually reinforcing, and address perceived differences by highlighting commonality. Creating opportunities to share experiences

  1. 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

  2. Copyright law and academic radiology: rights of authors and copyright owners and reproduction of information.

    Science.gov (United States)

    Stern, E J; Westenberg, L

    1995-05-01

    Desktop computer hardware and software provide many new and accessible avenues for increased academic productivity, but some activities may have legal implications. The advent of technologies such as scanners, the ever-increasing number of electronic bulletin boards, and the development of the "information superhighway" affect the concept of copyright and require authors and publishers to reconsider their legal rights and obligations when they create or publish new works or modify existing ones. For example, with desktop scanners, almost any image, published or otherwise, can be copied, enhanced, and manipulated. Moreover, many radiologists have access to copyrighted digital radiologic teaching file images, such as those from the University of Iowa or the University of Washington, which are available (and "downloadable") on the Internet. Because "downloading" (or "uploading") a document or image is essentially making a copy of that document or image, copyright laws and the rights that they afford authors are involved.

  3. 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.

  4. 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.

  5. 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.

  6. 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

  7. 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 ...

  8. 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

  9. 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…

  10. Freedom of religion, freedom of expression and the United Nations: recognizing values and rights in the “defamation of religions” discourse

    Directory of Open Access Journals (Sweden)

    Silvia Angeletti

    2012-10-01

    The article focuses on the issue of religious freedom and freedom of expression from the point of view of the United Nations. In particular, it examines the so called Defamation of religions, which has been the topic of a series of Resolutions voted by the Human Rights Commission, the Human Rights Council and the Assembly General, from 1999 to 2010. In the Defamation of religions debate, the UN institutions appear to tend to highlight the conflict between rights rather than the positive interrelation between them. Nonetheless, it has been repeatedly argued that it should be possible for political institutions and religious majorities to use anti-defamatory legislation in order to stem the activities of religious minorities. Applying penal anti-defamation laws might not be the best way to deal with the potential conflict between two fundamental rights. The more recent trends show a shift toward what seems to be a more suitable accommodation of the interests at stake. In this regard, the article will consider the Human Rights Council’s Resolution about discrimination on religious grounds (2011, the Ad Hoc Committee on Complementary Standards to the ICERD and the new General Comment on article 19 of the ICCPR.

  11. 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 ...

  12. 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...

  13. Rights and duties under the law of nature:contractarianism and the Moral Status of Animals

    Directory of Open Access Journals (Sweden)

    William Bull

    2005-01-01

    Full Text Available This is a philosophical inquiry into the moral status of animals, focusing on which ethical principle should guide us in our relationship with animals. The author examines the case for applying contractarian theory to animals other than human beings by looking in particular at the issues of rationality and trusteeship. From the law of nature and by way of a contractarian approach the author arrives at the principle of humility, which he advances as the ideal basis for our behaviour in respect of animals. He then tests certain prevailing philosophical positions in this area, including those of Singer and Regan, exploring utilitarian and rights conceptions. Finally, the author considers the significance of the principle of humility in practical terms in order to evaluate its utility as a moral judgment.

  14. 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.

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

    Science.gov (United States)

    Merkel, Reinhard; Putzke, Holm

    2013-07-01

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

  16. Children’s Rights as Living Rights : The Case of Street Children and a new Law in Yogyakarta, Indonesia

    NARCIS (Netherlands)

    van Daalen, E.; Hanson, K.; Nieuwenhuys, O.

    2016-01-01

    In this article we propose the notion of living rights to highlight that children, whilst making use of notions of rights, shape what these rights are, and become, in the social world. Emphasising children’s agency in living with and through their rights facilitates empirical enquiry, and moves the

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

    Directory of Open Access Journals (Sweden)

    D. Karkhalev

    2016-01-01

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

  18. Human Rights Law for Persons with Disabilities in Asia and the Pacific: The Need for a Disability Rights Tribunal

    Science.gov (United States)

    Perlin, Michael L.

    2013-01-01

    Human rights are arguably the most significant political force shaping the life experience of people with disability. The "United Nations Convention on the Rights of Persons with Disabilities" sets the standard at an international level, creating both positive and negative rights, and calls upon member states of the United Nations (UN)…

  19. AVOIDING MAZIBUKO: WATER SECURITY AND CONSTITUTIONAL RIGHTS IN SOUTHERN AFRICAN CASE LAW

    Directory of Open Access Journals (Sweden)

    Ed Couzens

    2015-11-01

    Full Text Available The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The Constitutional Court ruled that the right of access to sufficient water does not require that the state provide every person upon demand and without more with sufficient water. Nor does the obligation confer on any person a right to claim "sufficient water" from the state immediately. Reactions to the judgment have been consistently negative, with criticisms largely focusing on the Court's apparent lack of appreciation for the situation of the very poor. It is not easy, however, to overturn a decision of the Constitutional Court and South Africa will need to work within the constraints of the precedent for many years to come. It is suggested in this article that two subsequent, recent judgments (one of the Supreme Court of Appeal in South Africa, City of Cape Town v Strümpher, 2012, and one of the High Court in Zimbabwe, Mushoriwa v City of Harare, 2014 show how it might be possible for courts to avoid the Mazibuko precedent and yet give special attention to water-related rights. Both cases concerned spoliation applications in common law, but both were decided as though access to water supply and water-related rights allow a court to give weight to factors other than the traditional grounds for a spoliation order. It can be argued that in both cases the unlawfulness necessary for a spoliation order arose from a combination of dispossession and breach of rights in respect of a very particular and special kind of property. In the arid and potentially water-stressed Southern African region, and in the context of extreme and apparently increasing poverty, there will undoubtedly be more court cases to come involving access to water. Conclusions are drawn as to how the two judgments considered might offer a way to ameliorate the harsh

  20. ["An Italian Court recognizes the occupational origin of a trigeminal neuroma in a mobile telephone user: a case-study of the complex relationships between science and laws"].

    Science.gov (United States)

    Lagorio, Susanna; Vecchia, P

    2011-01-01

    Scientific knowledge is essential for the resolution of disputes in law and administrative applications (such as toxic tort litigation and workers' compensation) and provides essential input for public policy decisions. There are no socially agreed-upon rules for the application of this knowledge except in the law. On a practical level, the legal system lacks the ability to assess the validity of scientific knowledge that can be used as evidence and therefore relies heavily on expert opinion. A key issue is how to ensure that professionals in any field provide judges with sound advice, based on relevant and reliable scientific evidence. The search for solutions to this problem seems particularly urgent in Italy, a country where a number of unprecedented verdicts of guilt have been pronounced in trials involving personal injuries from exposure to electromagnetic fields. An Italian Court has recently recognized the occupational origin of a trigeminal neuroma in a mobile telephone user, and ordered the Italian Workers' Compensation Authority (INAIL) to award the applicant compensation for a high degree (80%) of permanent disability. We describe and discuss the salient aspects of this sentence as a case-study in the framework of the use (and misuse) of scientific evidence in toxic-tort litigations. Based on the motivations of the verdict, it appears that the judge relied on seriously flawed expert testimonies. The "experts" who served in this particular trial were clearly inexperienced in forensic epidemiology in general, as well as in the topic at hand. Selective overviews of scientific evidence concerning cancer risks from mobile phone use were provided, along with misleading interpretations of findings from relevant epidemiologic studies (including the dismissal of the Interphone study results on the grounds of purported bias resulting from industry funding). The necessary requirements to proceed to causal inferences at individual level were not taken into account

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

    Directory of Open Access Journals (Sweden)

    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

  2. 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

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

    Directory of Open Access Journals (Sweden)

    Cedric De Koker

    2015-08-01

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

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

    Science.gov (United States)

    Tice, Terrence N.

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

  5. 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…

  6. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

    Tarnow, W J

    1996-01-01

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

  9. 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

  10. 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.

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

    Directory of Open Access Journals (Sweden)

    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

  12. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  13. 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...

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

    Directory of Open Access Journals (Sweden)

    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.

  15. A natural-law approach to human rights in a plural society

    Directory of Open Access Journals (Sweden)

    Parisoli, Luca

    2010-10-01

    Full Text Available I propose a medieval voluntaristic version of natural-law theory, as a plausible strategy to implement fundamental rights in a culturally non-homogeneous society; it is, in particular, the version proposed by the Franciscan school, which proposes a substantial cut between pre-lapsarian and post-lapsarian natural law (the former corresponding to the sphere of fundamental rights of persons while the lattrer marks the sphere of institutional rights of individuals in a given society, with a plurality of the common good. With necessary semantical precisions, this strategy safeguards the political value of tolerance and the real plurality of sundry cultural models withan one society, although such as belong to a certain culture are convinced it is superior to others. This strategy is opposed to ethical legalism, widespread in modern political debate, which I blame for its tendency to homogeneity and its reduction of plurality to non-culturality.

    Propongo una versión voluntarista medieval del jusnaturalismo como estrategia plausible para implementar los derechos fundamentales en una sociedad culturalmente no-homogénea; trátase, en particular, de la versión de la escuela franciscana, que propone una discontinuidad sustancial entre el derecho natural que precede a la Caída (esfera de los derechos fundamentales de la persona y el derecho natural que sigue a la Caída (esfera de los derechos institucionales de los individuos de una sociedad dada, con una pluralidad del bien común. Tras las necesarias precisiones semánticas, esa estrategia conserva el valor político de la tolerancia y la pluralidad efectiva de los modelos culturales en una misma sociedad, aunque quienes pertenecen a una cultura determinada estén persuadidos de la superioridad de su propia cultura sobre las demás. Opónese esa estrategia al legalismo ético, difundido en el debate político contemporáneo, al cual critico por su tendencia homogeneizante y su reducción de la

  16. Fundamental Rights and Humaneness in European Private Law : The Case of Health Care

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia; McCann, Adam; Ferreira, Nuno; Kostakopoulou, Dora

    2016-01-01

    An institution has a ‘human face’ if it takes the interests core to ‘human flourishing’ seriously. The question arises whether and how these interests find proper consideration in EU private law. The interests core to ‘human flourishing’ relevant for substantive private law include the following

  17. 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.

  18. A right to choose how to live: the Australian common law position on refusals of care.

    Science.gov (United States)

    Curnow, Katherine

    2014-12-01

    There has been limited examination of the Australian common law position regarding contemporaneous refusals of care or medical treatment by competent adults since the first two Australian cases to adjudicate on refusals of this type: H Ltd v J and Brightwater Care Group (Inc) v Rossiter. This article maps the legal position in Australia in light of the two cases with particular emphasis on the finding in H Ltd v J that self-starvation is not suicide at common law. Finally, this article highlights the broader relevance of this area of the law and its capacity to inform debates as disparate as whether to legalise voluntary euthanasia and the possible implications for the autonomy of pregnant women of proposed laws giving legal status to fetuses (particularly Zoe's Law).

  19. Same law-same rights? Analyzing why Sweden's disability legislation failed to create equal rights in mental health.

    Science.gov (United States)

    Maycraft Kall, Wendy

    2014-01-01

    This article analyzed the apparent paradox of disability rights in Sweden. Despite strong welfare state traditions and stated Government ambitions to create generous statutory entitlements for all disabled people using a single, comprehensive Disability Act, psychiatric disabilities were principally excluded from the Disability Act's rights and provisions. The study focused on Sweden's Mental Health Reform and Disability Reform using governance perspectives that traced and analyzed the policy-processes of both reforms. Theoretically guided analytical frameworks were developed to help understand the divergent reform outcomes. The first focused on legislative arguments of regulatory specificity and legal enforcement mechanisms to consider whether the Disability Act was formulated in a manner that was easier to apply to certain disabilities. The second analyzed ideological arguments and the influence of Government political beliefs that signaled specific reform 'visions' to implementers and thereby influenced policy implementation. The main findings are that both perspectives matter as the dual influences of legislative and ideological differences tended to exclude mental health service users from the Act's generous disability rights. The overall conclusion was that while legislation was an important regulatory mechanism, the Government's underlying ideological reform vision was also an essential governance instrument that signaled Government intentions to implementing agencies and thus influenced the creation of enduring disability rights. Copyright © 2014 Elsevier Ltd. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

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

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

  2. 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

  3. 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

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    Florentina Laurenţia GĂIŞTEANU

    2017-05-01

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

  6. Rights, interveners and the Law Lords / Sangeeta Shah, Thomas Poole, Michael Blackwell

    Index Scriptorium Estoniae

    Shah, Sangeeta

    2014-01-01

    Suurbritannia kõrgeimast kohtust - Lordide Kojast (House of Lords) ning 1994.-2009. aastal tehtud kohtuotsustest. Samuti Apellatsioonikomitee liikmetest - law lord'idest ja nende sekkumisest otsuste tegemisse

  7. The right to self-determination under international law: The current ...

    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 6 (2015) >. Log in or Register to get access to full text downloads.

  8. Islamic Law, Women’s Rights, and Popular Legal Consciousness in Malaysia

    OpenAIRE

    Tamir Moustafa

    2013-01-01

    Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as b...

  9. INTERNATIONAL HUMAN RIGHT AND ISLAMIC LAW: Sebuah Upaya “Menuntaskan” Wacana-Wacana Kemanusiaan

    Directory of Open Access Journals (Sweden)

    Febri Hijroh Mukhlis

    2017-12-01

    Full Text Available Abstract: Islam offers eternal universal message, namely justice, equality, respect and humanity. This universal message is the holy Sunnah of the Prophet.  Due to the advanced information and technology, the current problems of mankind increasingly appear. The problem can be viewed positively if everyone  understands completely the universal message of prophethood by always stand in the social-humanity. This articleis intended to examine the issue of human rights and Islamic law as an effort to end the dichotomy between Islam and humanitarian problems. It employed descriptive qualitative study that concern with a conceptual disputes. The findings showed that the dichotomy between the concept of human rights and Islamic law must be completed in terms of equality and humanity. Humanitarian affairs are a common action regardless of any interests, religion, politics, culture and even knowledge. If the harmony and understanding between the concept of humanity in the religious or tauhid framework is absence, the understanding of humanity must be freed from all forms of identity interest. Islamic law and human rights are two matters that support each other. Islam respects human rights and vice versa. The religious view must be universal as the views of human rights should also be universal. Each restricted view narrows the relationship.    كان الإسلام يحمل رسالة عالمية وهي العدالة والمساواة والاحترام والإنسانية. ملخص:وهذه الرسالة العالمية في الواقع من السنة النبوية المقدسة. ولكن الآن هناك مشكلات متنوعة يواجهها الإنسان فى عصر المعلومات والتكنولوجيات. وهذه المشكلات يمكن أن تكون إيجابية إذا كان الإنسان يفهم حقوق الرسالة النبوية العالمية التي تميل دائما إلى مجال الاجتماعي

  10. 3 CFR 13496 - Executive Order 13496 of January 30, 2009. Notification of Employee Rights Under Federal Labor Laws

    Science.gov (United States)

    2010-01-01

    ...' productivity is enhanced when workers are well informed of their rights under Federal labor laws, including the... collective bargaining agreements as defined in 5 U.S.C. 7103(a)(8) and purchases under the simplified... will take such action with respect to any such subcontract as may be directed by the Secretary of Labor...

  11. 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。

  12. 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.

  13. Sources of Law: Approach in the Light of Disciplinary Process Right

    Directory of Open Access Journals (Sweden)

    Alexandre dos Santos Lopes

    2016-10-01

    Full Text Available This article aims to analyze the sources of law that has an correlation with the disciplinary procedural law, especially when you realize the reverberation of principles inflows and axiological values arising from the constitution that procedural species. Calls that outline the sources  of  law  that  are  related  to  this  kind  of  administrative  process,  translates  into significant challenge, insofar as its structure, especially in the new constitutional order (post- positivist allows, starting from the look and constitutional filter, define more precisely the height, feature and densification in the context of the Brazilian legal system, enabling better framing of disciplinary procedural legal relationship.

  14. 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.

  15. Barcelona 2002: law, ethics, and human rights. Global battle cry: health is a right, not a commodity.

    Science.gov (United States)

    Fernandez, Irene

    2002-12-01

    Health is a fundamental right, not a commodity to be sold at a profit, argues Irene Fernandez in the second Jonathan Mann Memorial Lecture delivered on 8 July 2002 to the XIV International AIDS Conference in Barcelona. Ms Fernandez had to obtain a special permit from the Malaysian government to attend the Conference because she is on trial for having publicly released information about abuse, torture, illness, corruption, and death in Malaysian detention camps for migrants. This article, based on Ms Fernandez' presentation, describes how the policies of the rich world have failed the poor world. According to Ms Fernandez, the policies of globalization and privatization of health care have hindered the ability of developing countries to respond to the HIV/AIDS epidemic. The article decries the hypocrisy of the industrialized nations in increasing subsidies to farmers while demanding that the developing world open its doors to Western goods. It points out that the rich nations have failed to live up their foreign aid commitments. The article concludes that these commitments--and the other promises made in the last few years, such as those in the United Nations' Declaration of Commitment on HIV/AIDS--can only become a reality if they are translated into action.

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

    Directory of Open Access Journals (Sweden)

    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. 

  17. SEX WORK, LAW, AND VIOLENCE: BEDFORD V. CANADA AND THE HUMAN RIGHTS OF SEX WORKERS

    Directory of Open Access Journals (Sweden)

    Graham Hudson

    2013-02-01

    Full Text Available In Bedford v. Canada, two levels of Ontario courts ruled that a selection of criminal laws prohibiting prostitution-related activities unjustifiably deprive sex workers of their right to liberty and security of the person.The courts struck down or modified some of the offending provisions to ensure that sex workers are better able to take precautions against violence. While sex workers consider the Ontario Superior Court of Justice ruling a victory and the Ontario Court of Appeal ruling a partial victory, the government, some women’s rights groups, and other defenders of the provisions argue that courts ventured into a “policy thicket”, which is to suggest that they had stepped outside of their legitimate institutional role. Associated concerns include that the decisions effectively constitutionalize prostitution and will pre-empt or curtail Parliament’s consideration of legislative options.      In this paper, the authors clarify misconceptions about the constitutional foundations and implications of Bedford, and explore how the ruling might affect legal and policy-based interactions among various stakeholders. Approaching constitutional rights as discursive mechanisms, rather than as “trumps”, we argue that Bedford will not hinder the continuation of democratic debate about whether, how, and why aspects of sex work should be regulated. To the contrary, Bedford is more likely to enhance the quality of debates by making them more inclusive of the perspectives of sex workers as well as accommodative of growing empirical research that has hitherto been ignored or misrecognized.   Dans l’affaire Bedford v. Canada, deux tribunaux ontariens ont conclu que des dispositions législatives du droit criminel interdisant les activités liées à la prostitution privaient de façon injustifiée les travailleurs et travailleuses du sexe du droit à la liberté et à la sécurité de leur personne. Ces tribunaux ont d

  18. 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.

  19. Family responsibilities discrimination, HR work-family discourse and organizational mediation of US civil rights law

    OpenAIRE

    Robin, Stryker; Heidi, Reynolds-Stenson; Krista, Frederico

    2017-01-01

    Because the US addresses work-family concerns mostly through voluntary employer-provided benefits combined with anti-discrimination legislation, organizational mediation of law shapes the content and impact of employ-ers’ response to employees’ work- family issues. Centrality of organiza-tional mediation means centrality of HR professional discourse. Given skyrocketing lawsuits claiming family responsibilities discrimination (FRD), we examine FRD-related discourse, 1980-2012, in the two high...

  20. Cyber Espionage in the International and Costa Rican Law: A Form of Violation of the Human Right to Privacy

    Directory of Open Access Journals (Sweden)

    Jonathan Masís Solís

    2016-08-01

    Full Text Available Cybercrime is a dangerous consequence of the evolution of information technology. This is how it is conceptualized the issues addressed in this paper. As a methodology, it is discussed and analysed published articles, Costa Rican law, and international regulations concerning cybercrime –such as the Convention on Cybercrime of 2001–, and introduce case law connected to the topic. In this paper, cyber espionage is viewed as an example of the way in which cybercrime jeopardizes and radically affects the human and fundamental right to intimacy. Finally, it is presented a number of conclusions in which it is underscored the importance of international cooperation for the investigation and punishment of cybercrime, as well as to locate the offenders. It is also suggested that it is crucial that due process is respected in the phase of investigation, as well as the human rights of the persons involved.

  1. The teaching/research trade-off in law: data from the right tail.

    Science.gov (United States)

    Ginsburg, Tom; Miles, Thomas J

    2015-02-01

    There is a long scholarly debate on the trade-off between research and teaching in various fields, but relatively little study of the phenomenon in law. This analysis examines the relationship between the two core academic activities at one particular school, the University of Chicago Law School, which is considered one of the most productive in legal academia. We measure of scholarly productivity with the total number of publications by each professor for each year, and we approximate performance in teaching with course loads and average scores in student evaluations for each course. In OLS regressions, we estimate scholarly output as a function of teaching loads, faculty characteristics, and other controls. We also estimate teaching evaluation scores as a function of scholarly productivity, fixed effects for years and course subject, and faculty characteristics. Net of other factors, we find that, under some specifications, research and teaching are positively correlated. In particular, we find that students' perceptions of teaching quality rises, but at a decreasing rate, with the total amount of scholarship. We also find that certain personal characteristics correlate with productivity. The recent debate on the mission of American law schools has hinged on the assumption that a trade-off exists between teaching and research, and this article's analysis, although limited in various ways, casts some doubt on that assumption. © The Author(s) 2014.

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

    International Nuclear Information System (INIS)

    Dolde, K.P.

    1982-01-01

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

  3. The general law on persons with disabilities and the right to self-determination of people with mental disabilities.

    OpenAIRE

    Espinoza Espinoza, Juan; Universidad de San Martín de Porres

    2015-01-01

    This law is extremely important, since repealed and modified quite a few articles of the Civil Code related to exercise capacity. Indeed, aims to establish the legal framework for the promotion, protection and realization, equal, rights of persons with disabilities, promoting their development and full and effective inclusion in the political, economic, social, cultural and technological (art. 1.°), the defines a disabled person. Esta ley es sumamente importancia por cuanto ha derogado y m...

  4. The A, B and C v. Ireland ruling and the issue of abortion: a “new departure” in the European Court of Human Rights case-law in matters of consensus and domestic margin of appreciation?

    Directory of Open Access Journals (Sweden)

    Francisco Javier Mena Parras

    2012-07-01

    Full Text Available This article analyzes the case of A, B and C v. Ireland in which the plaintiffs claimed that the Irish laws on abortion are incompatible with the European Convention on  Human Rights. The article deals specifically with the parts of the ruling handed down by the European Court of Human Rights that cover the role of European consensus in the establishment of the margin of appreciation that is given to states in the  restriction of rights recognized by the Convention. The article argues that this ruling is a “new departure” in the case-law of the Strasbourg Court and points out some of the negative consequences that this entails, from a perspective that is critical of the Court’s reasoning.

  5. Demilitarization of the Police, Criminal Policy and Human Rights in the Democratic Rule of Law

    Directory of Open Access Journals (Sweden)

    Igor Frederico Fontes de Lima

    2016-10-01

    Full Text Available This article proposes a reflection on the incompatibility between the militarization of the police and the democratic rule of law. Seeing the violent mechanisms such as routine, relates to public safety model with Agamben's teachings on the state of exception as the rule. The culture of fear is seen as legitimizing the social longing for more militarized apparatus. Reconnecting Bauman, Zaffaroni and Foucault , the work points out that criminal policy is based on the annihilation of the other and that the penal system is extremely selective, using the PM's for vertical integration and standardization of acceptable profiles.

  6. 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.

  7. Human Rights Degradations Related to Natural Law: Philosophical-Juridic Self-Legitimation of Franquism

    Directory of Open Access Journals (Sweden)

    César López Rodríguez

    2017-11-01

    Full Text Available This essay identifies the problematic theoretical nature of human rights under Franco's regime, in the light of either a traditionalist or a totalitarian objective natural right's discursive hegemony. This contradictory theoretical alternative was already present in Ramiro de Maeztu's legal-political doctrine, which as the theoretical seed of the regime, led to those contradictions as embodied in two authors: F. Elías de Tejada and L. Legaz Lacambra. Drawing on a political critique of the text itself, the conclusion evinces the doctrinal state of human rights in the current Spanish constitutional system, exposing its contradictions as derived not from a traditionalist or a totalitarian objective natural right but from a subjective natural right.

  8. 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

  9. 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

  10. [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.

  11. The right to the protection of personal data between law and constitution

    Directory of Open Access Journals (Sweden)

    Maria Carmen Aguilar Del Castillo

    2016-06-01

    Full Text Available The aim of the article is, on the one hand, to analyze the content and scope of fundamental right to the protection of personal data, provided by art. 18.4 of the Spanish Constitution; on the other, to decline this right in the context of the employment relationship starting from the interpretation given by the Spanish Constitutional Court in judgment no. 39/2016. The contrast between this right and the freedom of enterprise, which is realized in the power of organization, control and supervision of work performance, is resolved by the Constitutional Court in the light of the principles of proportionality, suitability and necessity. The outcome of the balancing leads the Constitutional Court to establish the prevalence of the entrepreneurial freedom on the right to privacy of the employee.

  12. Advancing Direct Corporate Accountability in International Human Rights Law: The Role of State-Owned Enterprises

    OpenAIRE

    Ma, Xili

    2017-01-01

    Resorting to the immensely State-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate. Among many proposals aiming at filling the international regulatory gaps, imposing international human rights obligations directly on corporations is a bold one, which, due to profound doctrinal and practical challenges, has yet to be agreed upon or established. However, State-Owned Enterprises (SOEs), given its prima facie “State-Business nexus” that bl...

  13. The Principles of the Consumer Right Protection in Electronic Trade: A Comparative Law Analysis

    OpenAIRE

    Elena Anatolyevna Kirillova, Elena Anatolyevna Shergunova1, Elena Stepanovna Ustinovich, Nikolay Nikolaevich Nadezhin, Lyubov Borisovna Sitdikova

    2017-01-01

    This paper investigates the speci嘜cs of electronic trade and the issues of protecting the rights of online-consumers, considers their rights and obligations, since we all face a radically new phenomenon in the sphere of trade – An unprecedented boom of electronic trade (e-commerce), based on the use of the Internet for concluding transactions and operations in the systems of wholesale and retail trade. The means of electronic communication provide broad opportunities for direct co...

  14. 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

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

    Directory of Open Access Journals (Sweden)

    Elisabeta SLABU

    2017-06-01

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

  16. [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.

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

    Science.gov (United States)

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

    2013-11-13

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

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

    Directory of Open Access Journals (Sweden)

    Alexander Kalyuzhnyi

    2016-08-01

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

  19. Limitation Period In Case-Law Of European Court Of Human Rights

    Directory of Open Access Journals (Sweden)

    Богдан Петрович Карнаух

    2016-09-01

    Conclusions of the research. Limitation period constitute a restriction of a right to access to court. Such a restriction is justified if (a it does not restrict a right to access to court in such a way that the very essence of that right is nullified; (b it has a legitimate purpose; (c the proper balance between the purpose aimed and the restriction is struck. In order for the limitation period to be proportionate with the aim of providing legal certainty, the following requirements should be met: (i the limitation period is not unduly short; (ii the application of limitation period is foreseeable; (iii the application of limitation period is flexible (i.e. it is capable of taking into account different individual characteristics of each case.

  20. Limitation of Personal Rights and Duties in The Constitution: An Assessment in Terms of Tax Law

    OpenAIRE

    ORGAN, İbrahim; GÖLÇEK, Ali Gökhan

    2017-01-01

    The Constitution isthe main rules that regulates the mechanism of the state. In another saying,the Constitution is the document that shows the basic legal provisionsconcerning the functioning of organs in the state and the rights of citizens.The subject of the work, rights and duties held in the second part of the basicrights and duties headings in the second part of the Constitution of theRepublic of Turkey, are those which contain provisions that concern theindividual. In some cases it appe...

  1. Enforcing consumer rights through ADR at the detriment of consumer law

    NARCIS (Netherlands)

    Loos, M.B.M.

    2016-01-01

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

  2. The Role and Purposes of Public Schools and Religious Fundamentalism: An International Human Rights Law Perspective

    Science.gov (United States)

    Hodgson, Douglas Charles

    2012-01-01

    The question of what are today the legitimate and proper role and purposes of public schools can only be answered by a close examination and analysis of the human right to education which has been developed by such international organizations as the United Nations and the United Nations Educational, Scientific and Cultural Organization, and by…

  3. New Education for Underprivileged Children: The Codification of Children's Rights in Japanese Law

    Science.gov (United States)

    Ito, Toshiko

    2012-01-01

    This article examines the educational concepts that were pursued for the benefit of underprivileged children in the era of the New Education Movement. Children's rights in Japanese modernity, as represented by the struggle to apply New Education principles to underprivileged children, are contrasted with the conventional view of childhood in the…

  4. The Rule of Law and the Effective Protection of Taxpayers’ Rights in Developing Countries

    NARCIS (Netherlands)

    Mosquera, Valderrama I.J.; Mazz, A.; Schoueri, L.; Quiñones, N.; Roeleveld, J.; Pistone, P.; Zimmer, F.

    2017-01-01

    The overall aim of this article is to analyse the taxpayers’ rights in relation to the emerging standard of transparency with specific reference to Brazil, Colombia, South Africa and Uruguay. Exchange of information between tax authorities is increasing rapidly all around the world. This global

  5. 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.

  6. 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.

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

    Directory of Open Access Journals (Sweden)

    Юлія Ігорівна Остапенко

    2016-06-01

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

  8. The Rule of Law and the Effective Protection of Taxpayers' Rights in Developing Countries

    OpenAIRE

    Valderrama, Irma Johanna Mosquera; Mazz, Addy; Schoueri, Luis Eduardo; Quiñones, Natalia; Roeleveld, Jennifer; Pistone, Pasquale; Zimmer, Frederik

    2017-01-01

    The overall aim of this article is to analyse the taxpayers' rights in relation to the emerging standard of transparency with specific reference to Brazil, Colombia, South Africa and Uruguay. Exchange of information between tax authorities is increasing rapidly all around the world. This global development is largely the result of the introduction of the standard of transparency by the Organization for Economic Cooperation and Development ("OECD") with the political mandate of the G20 and mor...

  9. Expansion of citizenship rights based on religious teachings Jurisprudence and Law

    OpenAIRE

    Alireza ShekarBeigi; Peyman Akbari; Ghodrat Heydari

    2014-01-01

    Social life, social relationships between people in society demands that must be surrendered under regularity. However, if there is no discipline in society, coercion and extortion and deception, will govern relations among people, and this fighting and turmoil, to be brought along. Individual citizen, in connection with a government, civil and political rights on the one hand, and on the other hand, the government is responsible for that task. Citizenship, a status is active. Excellent basis...

  10. The politics of death in Mexico: dislocating human rights and asylum law through hybrid agents.

    Directory of Open Access Journals (Sweden)

    Ariadna Estévez

    2013-12-01

    Full Text Available In 2006 Mexico’s then-president Felipe Calderón declared war on drug trafficking. The human toll was devastating with the loss of over 95,000 lives and the forced disappearance of more than 27,000 people. In addition, two percent of the Mexican population was displaced with families forced to flee their homes in the face of criminal violence. This article offers an explanation of how death, forced disappearances, persecution and exile are in essence the specific effects of governmentalization of the Mexican state. This govern­mentalization includes the shared use, by criminals and authorities, of techniques for dominating the population and controlling the conduct of citizens through the practices of death, that is, by employing the politics of death (necropolitics. The article goes on to discuss how the objectives, rationality and governmentalization of the State serve to dislocate human rights discourse in such a way that its truth politics excludes people suffering serious human rights violations, such as Mexican asylum seekers. This is accompanied by a new mode of subjectivity produced by Mexico's politics of death – the Endriago subject – which operates as a hybrid perpetrator of human rights violations.

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

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

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

  12. Doctor-patient confidentiality - right and duty of a doctor in law regulations

    Directory of Open Access Journals (Sweden)

    Janusz Jaroszyński

    2018-03-01

    Full Text Available Physician’s professional secrecy is one of the most important duties of a doctor and should be provided with confidentiality regarding his or her health. Generally speaking, there is no legal definition of "physician’s professional secrecy" in Poland, although this concept already appears in the oath of Hippocrates: ‘I will keep secret anything I see or hear professionally which ought not to be told’. The issue of medical confidentiality (physician’s professional secrecy has been regulated in several legal acts such as: The Patient Rights and Patients Ombudsman Act, The Constitution of the Republic of Poland, The Medical Profession Act, The Civil Code Act, The Criminal Code Act and Code of Medical Ethics which is not considered as a legal act. The patient has the right to require confidentiality of the information concerning him and the obligation to keep medical confidentiality will apply to every representative of the medical profession, who obtained certain information by various professional activities.

  13. Double Standards in Global Health: Medicine, Human Rights Law and Multidrug-Resistant TB Treatment Policy.

    Science.gov (United States)

    Nicholson, Thomas; Admay, Catherine; Shakow, Aaron; Keshavjee, Salmaan

    2016-06-01

    The human rights arguments that underpinned the fight against HIV over the last three decades were poised, but ultimately failed, to provide a similar foundation for success against multidrug-resistant TB (MDR-TB) and other diseases of the poor. With more than 1.5 million deaths since 2000 attributed to strains of MDR-TB, and with half a million new, and mostly untreated, MDR-TB cases in the world each year, the stakes could not be higher. The World Health Organization (WHO), whose mandate is to champion the attainment by all peoples of the highest possible level of health, recommended unsound medical treatment for MDR-TB patients in resource-poor settings from 1993-2002. Citing cost considerations, WHO did not recommend the available standard of care that had been successfully used to contain and defeat MDR-TB in rich countries. By acting as a strategic gatekeeper in its technical advisory role to donor agencies and countries, it also facilitated the global implementation of a double standard for TB care in low- and middle-income countries (LMICs), upending important legal and scientific priorities. This raises serious questions about whether the organization violated international human rights standards and those established in its own constitution. While calling for additional analysis and discussion on this topic, the authors propose that policymakers should reject double standards of this kind and instead embrace the challenge of implementing the highest standard of care on a global level.

  14. Being affected by large-scale projects - considerations on the protection of rights in Atomic Energy Law

    International Nuclear Information System (INIS)

    Baumann, W.

    1982-01-01

    This is the final part of an article published in Bay. (VBL 1982, 257). The author comes to the following conclusions: Proposals for reducing the protection of rights frames against a certain background of interests and partly taken over in practice by administrative courts meet with a variety of dogmatic and political considerations relating to these rights. This does not only hold for the attempt to restrict the rights of all those under public and substantive law who are affected by construction and operation, but also for making it harder for the complainants to pursue their rights, and especially for efforts intended to further limit the fact-finding of courts in case of large-scale projects. The judicature is called to review the individual licences issued for large-scale projects, especially because of the inherent symptomatic collisions of basic rights. The judge has a confidence-building advantage; i.e. his independence, which is gaining in importance in the struggle between hardened fronts and economic interests. (orig./HSCH) [de

  15. Ambulatory care and the law: lien claims where none exist as of right.

    Science.gov (United States)

    Balko, G A

    1995-01-01

    The health care provider, whether an individual or an institution, needs to pay attention to appropriate mechanisms to ensure payment for services or repayment for benefits provided. While statutes provide some protection for large institutions, including health care providers, individual health care providers often are left to their own devices. The employment of a well drafted voluntary lien agreement can not only secure a right of recover against a patient, but where the patient pursues a personal injury claim through an attorney, can also give the health care provider recourse to patient's attorney. Knowing how to assert these liens, what funds are reachable by these lien, and what time factors must be adhered to in order to make the liens effective, are vital to a health care provider's financial well-being.

  16. DNA and Law Enforcement in the European Union: Tools and Human Rights Protection

    Directory of Open Access Journals (Sweden)

    Helena Soleto Muñoz

    2014-01-01

    Full Text Available Since its first successful use in criminal investigations in the 1980s, DNA has become a widely used and valuable tool to identify offenders and to acquit innocent persons. For a more beneficial use of the DNA-related data possessed, the Council of the European Union adopted Council Decisions 2008/615 and 2008/616 establishing a mechanism for a direct automated search in national EU Member States’ DNA databases. The article reveals the complications associated with the regulation on the use of DNA for criminal investigations as it is regulated by both EU and national legislation which results in a great deal of variations. It also analyses possible violations of and limitations to human rights when collecting DNA samples, as well as their analysis, use and storage.

  17. 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

  18. Pathological, Disabled, Transgender: The Ethics, History, Laws, and Contradictions in Models that Best Serve Transgender Rights.

    Science.gov (United States)

    Wahlert, Lance; Gill, Sabrina

    This article addresses the precarious place of transgender and gender non-cis persons in relation to their discrimination-protections in recent legal, medical, and ethical policies in the United States. At present, there exists a contradiction such that trans persons are considered "pathological" enough that they are included in the latest iteration of the American Psychiatric Association's Diagnostic and Statistical Manual (DSM-V) as "gender dysphoric," but they are not included in the category of "disabled" under the Americans with Disabilities Act (ADA). As such, trans persons in America are subject to the stigma of pathology (albeit with medical treatment) without the full protections of the ADA. By contrast, transgender and non-cis-gender Americans find their queer cohorts who are HIV-positive to be fully protected by the ADA. We ask whether transgender and non-cis-gender persons should embrace their (already pathologized) personhood as a disability. Sometimes "choosing disability" affords more rights than it deploys stigma.

  19. "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.

  20. Finding the Gaps: A Comparative Analysis of Disability Laws in the United States to the United Nations Convention on the Rights of Persons with Disabilities (CRPD)

    Science.gov (United States)

    National Council on Disability, 2008

    2008-01-01

    The purpose of this paper is to help the National Council on Disability (NCD), and others, better understand how the Convention on the Rights of Persons with Disabilities, if ratified by the United States, might impact U.S. disability laws by examining the degree to which U.S. law is consistent with the CRPD. The paper endeavors to analyze the…

  1. 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.

  2. Conscientious objection to sexual and reproductive health services: international human rights standards and European law and practice.

    Science.gov (United States)

    Zampas, Christina; Andión-Ibañez, Ximena

    2012-06-01

    The practice of conscientious objection often arises in the area of individuals refusing to fulfil compulsory military service requirements and is based on the right to freedom of thought, conscience and religion as protected by national, international and regional human rights law. The practice of conscientious objection also arises in the field of health care, when individual health care providers or institutions refuse to provide certain health services based on religious, moral or philosophical objections. The use of conscientious objection by health care providers to reproductive health care services, including abortion, contraceptive prescriptions, and prenatal tests, among other services is a growing phenomena throughout Europe. However, despite recent progress from the European Court of Human Rights on this issue (RR v. Poland, 2011), countries and international and regional bodies generally have failed to comprehensively and effectively regulate this practice, denying many women reproductive health care services they are legally entitled to receive. The Italian Ministry of Health reported that in 2008 nearly 70% of gynaecologists in Italy refuse to perform abortions on moral grounds. It found that between 2003 and 2007 the number of gynaecologists invoking conscientious objection in their refusal to perform an abortion rose from 58.7 percent to 69.2 percent. Italy is not alone in Europe, for example, the practice is prevalent in Poland, Slovakia, and is growing in the United Kingdom. This article outlines the international and regional human rights obligations and medical standards on this issue, and highlights some of the main gaps in these standards. It illustrates how European countries regulate or fail to regulate conscientious objection and how these regulations are working in practice, including examples of jurisprudence from national level courts and cases before the European Court of Human Rights. Finally, the article will provide recommendations

  3. Comparative Law, Genetically Modified Organisms and the Precautionary Principle: (IM Possibilities of North American Law Contributions to the Brazilian System of Rights

    Directory of Open Access Journals (Sweden)

    Gustavo Paschoal Teixeira de Castro Oliveira

    2015-12-01

    Full Text Available This paper sets light onto how un(likely it is for the North-American Law to prove beneficial for the national system, specifically regarding issues as a balanced environment, the environmental principle of precaution, and the consequences resulting from research, planting, commoditization and consumption of genetically modified organisms. By means of analysis of each of the States executive and legislative scenarios, it presents the multiple approaches and understandings there are related to the use of biotechnology for the (undue efficacy and consistency of the existing efforts towards preserving a well balanced environment. This paper relies on a qualitative approach to assess the core elements involved, most specifically in what regards risk analysis and decision making at the light of the precaution principle. In order to achieve that, its necessary to appreciate legislative and administrative issues from both the United States of America and Brazil. The UN Declaration on the Human Environment, the Rio Declaration on Environment and Development, the Universal Declaration on Bioethics and Human Rights, the Convention on Biological Diversity, and the Cartagena Protocol, along with the specialized doctrine, are also taken as objects of appreciation in the performance of such research.

  4. 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.

  5. Mandatory Contract Law: Functions and Principles in Light of the Proposal for a Directive on Consumer Rights

    NARCIS (Netherlands)

    G. Wagner (Gerhard)

    2010-01-01

    textabstractStarting from the theoretical underpinnings of contract law, mandatory rules should be the exception. In the reality of current European legislation, mandatory law is not the exception but the rule. The obvious explanation is that the EU has focussed on consumer law, i.e. on the

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

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2006-01-01

    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

  7. Practical Approaches to the Numerus Clausus of Land Rights : How Legal Professionals in South Africa and the Netherlands deal with Certainty and Flexibility in Property Law

    NARCIS (Netherlands)

    Verstappen, Leonardus; Mostert, Hanri; Barr, Warren

    2015-01-01

    This chapter examines the application of the numerus clausus in respect of types and content of rights in two jurisdictions strongly subscribing to the civil law tradition of property, the Netherlands and South Africa. In categorising real rights according to content and type, these two systems

  8. 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.

  9. Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

    OpenAIRE

    Waddington, L.B.; Toepke, C

    2014-01-01

    Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a violation of international law and a breach of human rights. The provision of inclusive education is an obligation under international law, as well as the means by which to fulfil the additional l...

  10. Right to Basic Education and State Responsibility

    Science.gov (United States)

    Singh, Kishore

    2010-01-01

    The right to education is an internationally recognized right. As part of the global movement for Education for All in the past two decades, the right to basic education has emerged in international law, and it carries international obligations--political and legal--on account of collective commitments by the international community for its…

  11. 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.

  12. Socratic Method for the Right Reasons and in the Right Way: Lessons from Teaching Legal Analysis beyond the American Law School

    Science.gov (United States)

    Szypszak, Charles

    2015-01-01

    Socratic method is associated with law school teaching by which students are asked questions in class that require them to analyze cases and derive legal principles. Despite the method's potential benefits, students usually do not view it as supportive and enriching but rather as a kind of survival ritual. As a pedagogical approach for use in any…

  13. Arnold Roosendaal, Digital Personae and Profiles in Law. Protecting Individuals’ Rights in Online Contexts [Bespreking van: Digital Personae and Profiles in Law

    NARCIS (Netherlands)

    Lodder, A.R.

    2014-01-01

    Op 21 mei 2013 verdedigde Arnold Roosendaal aan de Universiteit Tilburg zijn proefschrift Digital Personae and Profiles in Law, promotoren waren Ronald Leenes en Bert-Jaap Koops. In de openingszin wordt het belang van het proefschrift direct duidelijk: “Personal data is the new oil of the Internet

  14. 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.

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

    OpenAIRE

    Weller, Penny

    2009-01-01

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

  16. 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.

  17. 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...

  18. 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

    Directory of Open Access Journals (Sweden)

    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.

  19. 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.

  20. Comparative analysis of conceptions of human rights, democracy and the rule of law in selected third countries, FRAME Deliverable 3.3

    NARCIS (Netherlands)

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

    2015-01-01

    This report presents a comparative analysis of the different understandings and perspectives on human rights, democracy and rule of law in third countries with which EU has established strategic partnerships: China, India, Peru and South Africa. This explorative report focuses on theoretical

  1. Constitutional Law--Procedural Due Process--Student Has Right to Have Attorney Present at University Disciplinary Hearing When Criminal Charges Are Pending.

    Science.gov (United States)

    Vessels, Rodney Jay

    1978-01-01

    In the case of Gabrilowitz v Newman the court used the due process balancing test to conclude that a student has a right to have counsel present at a university disciplinary hearing where the conduct in question is the object of a pending criminal proceeding. Available from J. Reuben Clark Law School, Brigham Young U., Provo, UT 84602. (MSE)

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

    OpenAIRE

    Afredo Bergés

    2013-01-01

    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...

  3. EU Design Law and 3D Printing: Finding the Right Balance in a New e-Ecosystem

    DEFF Research Database (Denmark)

    Nordberg, Ana; Schovsbo, Jens Hemmingsen

    The article considers the implications for EU design law of 3D-printing. It first describes the 3D-printing technology and the e-ecosystem which is evolving around the technology and involves a number of new stakeholder who in different ways are engaged in the making and sharing of CAD-files and....../or printing. It is submitted that it is only a matter of time before 3D-printing equipment becomes ubiquitous. It is pointed out how the new technology and e-ecosystem at the same time represent threats and opportunities to design holders and to the societal interests in design and design law. EU design law...

  4. "Braxton Hick's" or the birth of a new era? Tracing the development of Ireland's abortion laws in respect of European Court of Human Rights Jurisprudence.

    Science.gov (United States)

    Daly, Brenda

    2011-09-01

    In Ireland, Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother's own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights' jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland, and A, B, and C v. Ireland, to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.

  5. The impact of the fundamental right to life and physical integrity on the interpretation of rules of procedure relating to atomic energy laws

    International Nuclear Information System (INIS)

    Emmerich, V.; Hassemer, W.; Hohloch, G.; Ruland, F.; Schmidt, K.; Schulze-Osterloh, L.; Weber, H.

    1980-01-01

    The author comments on the decision of December 20, 1979 by the Federal Constitutional Court on the Muehlheim-Kaerlich reactor. The decision was also published in NZW 1980, 760. The essence of the decision is to be found in the representation of effects this fundamental right may have on administrative proceedings relating to atomic energy laws. Up to now, the guarantee concerning effective legal protection and the applications and interpretations of rules of procedure in conformity with this fundamental right has been restricted to legal proceedings. The Federal Constitutional Court draws conclusions from fundamental rights which concern the interpretation and application of regulations on the organization of administrative proceedings. (HSCH) [de

  6. Human rights in the stage of criminal investigation:\\ud a comparison between Law and practice in Saudi Arabia and England and Wales

    OpenAIRE

    Alkharashi, Suliman Abdullah

    2015-01-01

    This thesis is a comparative study of the pre-trial procedures of England and Wales and Saudi Arabia. Its aim is to show how the pre-trial procedures of Saudi Arabia could be re-designed in order to conform to both the standards set by international human rights and the norms of Shari’ah law and argues that there is much common ground between the two. It addresses the human rights relevant to pre-trial procedures and explores in-depth how these are expressed in international human rights legi...

  7. [The new law on strengthening the rights of victims of sexual abuse and its implications for the forensic-psychiatric assessment of sexual offenders].

    Science.gov (United States)

    Bumb, Jan Malte; Foerster, Klaus; Dressing, Harald

    2014-07-01

    Highlighting practical implications and research aspects of forensic-psychiatric assessments in the context of the new law on strengthening the rights of victims of sexual abuse. Based on a clinical case we report implications for the forensic-psychiatric assessment. The new law now requires an expert to evaluate the necessity and the subject's motivation to receive a given treatment. Up to now, the majority of sexual offenders were assumed to be responsible for their actions and in most cases a forensic-psychiatric assessment was not required. For this reason, guidelines for forensic-psychiatric assessments are urgently needed. The number of forensic-psychiatric assessments is likely to increase substantially and a relevant-case law is still lacking. © Georg Thieme Verlag KG Stuttgart · New York.

  8. Challenge of emerging technologies: balancing the needs of law enforcement against the duty to protect individual rights

    Science.gov (United States)

    Lingerfelt, James A.

    1997-01-01

    This paper discusses three emerging technologies which will revolutionize the business operations of law enforcement: databases and search engines; biometric identification systems; and electronic surveillance and tracking devices. Unfortunately, these technologies may also lead to a serious ethical conflict for law enforcement. The tools will make it easier than ever to accomplish the core business of policing: crime prevention; investigation; and intelligence gathering. The same tools, used improperly, will also lead to routine intrusions on personal privacy. These technologies have been and are being developed for the private sector, the military and the intelligence community. The vendors are now aggressively marketing them to law enforcement and criminal justice agencies. The law enforcement community has embraced the technology, but without considering the long term impact. In the past, the police have abused wiretaps and other early surveillance technology. As a result, a sinister perception about police surveillance practices persists and a cumbersome bureaucracy has been imposed to control their use. Developing and establishing policies governing the use of emerging technologies can prevent these mistakes from being repeated. This paper recommends that criminal justice practitioners begin a discussion now, in advance of these technologies becoming commercially available, with a view to defining clear guidelines for their proper use.

  9. 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

  10. Disabling Discourses and Human Rights Law: A Case Study Based on the Implementation of the UN Convention on the Rights of People with Disabilities

    Science.gov (United States)

    Liasidou, Anastasia

    2016-01-01

    This article examines the symbolic power of language to construct and convey disabling discourses, albeit ample rhetoric, on the need to reinstate and safeguard disabled people's human rights and entitlements. The role of language and its discursive ramifications need to be explored and problematized in the light of legal mandates and…

  11. STATE`S EVIDENCE AND FUNDAMENTAL RIGHTS OF THE PASSIVE SUBJECT OF CRIMINAL PERSECUTION AS A RESULT OF THE REGULATION INSERTED IN LAW 12.850/2013

    Directory of Open Access Journals (Sweden)

    Américo Bedê Freire Júnior

    2017-05-01

    Full Text Available The Criminal Law - and the Procedural Law that takes care of its effectiveness - works, at the same time, as a mechanism available to the State to realize its punitive power and as a limit to the exercise of this same power. This second meaning represents what has been called the humanization of criminal law, marked by the understanding of several rights and guarantees intended to protect the subject of criminal prosecution. The institute of state`s evidence, as an unorthodox method, used especially in the fight against organized crime, raised expressive mistrust in the doctrine about its compatibility with the current system of rights and guarantees designed in the Federal Constitution, so that references to the institute as police practice, exceptional, responsible for the involution of Criminal Law, are very common. However, especially since the advent of the new legislation to combat organized crime, the state`s evidence has gained new theoretical and practical inspiration in Brazil, with wide acceptance of jurisprudence, recommending that it be appreciated with accuracy not only its theoretical aspects, but also the criticisms relevance.

  12. '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.

  13. LEGAL ASPECTS OF THE TRANSPOSITION OF DIRECTIVE 2001/23/EC REGARDING THE SAFEGUARDING OF EMPLOYEES’ RIGHTS IN THE EVENT OF TRANSFERS IN THE ROMANIAN LAW

    Directory of Open Access Journals (Sweden)

    FELICIA BEJAN

    2013-05-01

    Full Text Available The transfer of undertakings, businesses or parts of undertakings or businesses by legal transfer or merger determine important changes in the structure of the participant entities. The change of their juridical organisation has significant consequences on the employees’ rights, reason why, both nationally and internationally, normative acts that would regulate appropriate safeguarding mechanisms have been adopted. The paper aims to analyse the transposition into national law of the communitarian norms in the field. As a result, the legal aspects with regards to which the legislator chose a restrictive transposition, as well as the additional rights established by them in favour of the employees, in comparison to the directive are identified. At the same time, the study emphasizes the aspects with regards to which the Romanian law requires to be changed and therefore makes some proposals de lege ferenda, so that the transposition of the communitarian normative act into national law would be a precise one and consistent to the other dispositions regarding national law.

  14. [Clause of conscience implemented in competition law medical in Poland in the context of the implementation of the European Convention on Human Rights].

    Science.gov (United States)

    Radlińska, Iwona; Kolwitz, Marcin

    Freedom of conscience and religion, also called conscience clause legislation is part of the inherent and inalienable rights of every human being and freedoms protected by the constitution as a fundamental principle of democratic countries working in the law. At international level, the most common piece of legislation on this issue is the European Convention on Human Rights of 4 November 1950, which Poland is a party. Pursuant to Art. 9 of the European Convention Poland is committed to the protection of freedom of thought, conscience and religion to every person under its jurisdiction, including the medical professions. In a special way to be protected by the freedom of conscience of physicians, dentists, nurses and midwives, as the conscience clause is written in the law governing the exercise of such professions in Poland.

  15. 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

    Directory of Open Access Journals (Sweden)

    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.

  16. A Story of Law and Incentives: A Comparative Legal Understanding of Corporate Risk and Incentives in Relation to Human Rights Liability

    OpenAIRE

    Kaeb, Caroline

    2012-01-01

    This work examines the concept of Corporate Social Responsibility (CSR), particularly corporate human rights responsibility, by telling a “story of law and incentives” in way that fosters a comparative legal understanding of corporate risks and motivational drivers. The 2008 financial crisis has shown that trustworthiness on the part of corporations is indispensable for the sustainable well-being of society and corporate success alike. This reality mandates assessing the current legal and eco...

  17. Using international human rights law to improve child health in low-income countries: a framework for healthcare professionals.

    Science.gov (United States)

    O'Hare, Bernadette Ann-Marie; Devakumar, Delan; Allen, Stephen

    2016-03-30

    The Committee on Economic, Social and Cultural Rights states that the right to health is closely related to, and dependent upon, the realization of other human rights, including the right to food, water, education and shelter which are important determinants of health. Children's healthcare workers in low income settings may spend the majority of their professional lives trying to mitigate deficiencies of these rights but have little influence over them. In order to advocate successfully at a local level, we should be aware of the proportion of children living in our catchment population who do not have access to their basic rights. In order to carry out a rights audit, a framework within which healthcare workers could play their part is required, as is an agreed minimum core of rights, a timeframe and a set of indicators. A framework to assess how well states and their developmental partners are adhering to human rights principles is discussed, including the role that a healthcare worker might optimally play. A minimum core of economic and social rights seeks to establish a legal minimum set of protections, which should be available with immediate effect and applicable to all nations despite very different resources. Minimum core rights and the impact that progressive realisation may have had on the right to health is discussed, including what they should include from the perspective of children's health. A set of absolute rights are suggested, based on physiological needs and aligned with the corresponding articles of the United Nations Convention on the Rights of the Child. The development indicators which are likely to be used to monitor progress towards the Sustainable Development Goals is suggested as a way to monitor rights. We consider the ways in which the healthcare worker could use a rights audit to advocate with, and for their community. These audits could achieve several objectives. They may legitimise healthcare workers' interests in the determinants

  18. Women’s Equal Rights and Islam in Sudanese Republican Thought: A Translation of Three Family Law Booklets from 1975, Produced and Circulated by the Republican Sisters

    OpenAIRE

    al-Nagar, Samia; Tønnessen, Liv; Taha, Asma Mahmoud Muhammed

    2015-01-01

    This paper includes a translation of three booklets produced by the Sudanese Republican Sisters in commemoration of International Women’s Day in 1975: (i) Women Rights in the Constitution and under Sudanese Sharia Laws , (i) Divorce Is Not an Original Precept in Islam , and (iii) Polygamy Is Not a Principle of Islam. The booklets give insights into radical views on women’s equal rights in Islam long before the term “Islamic feminism” started to circulate. The booklets tackle contested iss...

  19. Adoption and the European Court of Human Rights: from laissez-faire to judicial law-making

    OpenAIRE

    Draghici, C.

    2011-01-01

    1. The absence of a right to adopt under the European Convention on Human Rights. 2. Eligibility to adopt, civil status and sexual orientation. 3. Rights of the natural parents with regards to adoption proceedings. 4. Dispensing with parental consent to further the best interests of the child. 5. The (almost) equal standing of biological and adoptive families under Article 8. 6. Recognition of foreign adoptions. 7. Conclusions: the demise of the margin of appreciation doctrine?

  20. Retrofitting of photovoltaic power plants, government liability law and fundamental right of property; Solarenergieanlagen-Nachruestung, Staatshaftungsrecht und Eigentumsgrundrecht

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-02-15

    The German legislator plans the re-regulation of the plant safety for existing photovoltaic systems in order to avoid a massive shutdown of these plants, followed by network instability. The current re-regulation particularly is problematic for operators of small photovoltaic systems and is a summary of the property and no expropriation. The German legislature is obliged, not to charge the costs of the planned reorganization of the plant safety to the operators of photovoltaic systems. The Federal State has to be responsible for the former error of the VDE standards organizations. The VDE standards organizations did not recognize the problem of network instability to be regulated.

  1. Thematic procedures of the United Nations Commission on human rights and international law : in search of a sense of community

    NARCIS (Netherlands)

    Gutter, Jeroen

    2006-01-01

    This study investigates the so-called "thematic approach" as a method available to the United Nations Commission on Human Rights to take cognizance of and to react upon violations of human rights worldwide. To this end, three different thematic procedures, the Working Group on Enforced or

  2. The Right to Be Included: Homeschoolers Combat the Structural Discrimination Embodied in Their Lawful Protection in the Czech Republic

    Science.gov (United States)

    Kašparová, Irena

    2015-01-01

    There is a 240-year tradition of compulsory school attendance in the Czech Republic. To many, compulsory school attendance is synonymous with the right to be educated. After the collapse of communism in 1989, along with the democratization of the government, the education system was slowly opened to alternatives, including the right to educate…

  3. Beyond the 100 acre wood : In which international human rights law finds new ways to tame global corporate power

    NARCIS (Netherlands)

    Augenstein, Daniel; Kinley, David

    2015-01-01

    States and corporations are being forced out of their comfort zones. A consensus is building among international human rights courts and committees that states can and will be held accountable for overseas human rights abuses by corporations domiciled in their respective territories. The authors

  4. Litigating the right to health: what can we learn from a comparative law and health care systems approach.

    Science.gov (United States)

    Flood, Colleen; Gross, Aeyal

    2014-12-11

    This article presents research demonstrating that the right to health plays different roles in different types of health systems. In high-income countries with tax-funded health systems, we usually encounter a lack of an enforceable right to heath. In contrast, rights play a more significant role in social health insurance/managed competition systems (which are present in a mixture of high-income and middle-income countries). There is concern, for example in Colombia, that a high volume of rights litigation can challenge the very sustainability of a public health care system and distort resources away from those most in need. Finally, in middle-income countries with big gaps between a poor public health system and a rich private one, we are more likely to find an express constitutional right to health care (or one is inferred from, for example, the right to life). In some of these countries, constitutional rights were included as part of the transition to democracy and an attempt to address huge inequities within society. Here the scale of health inequities suggests that courts need to be bolder in their interpretation of health care rights. We conclude that in adjudicating health rights, courts should scrutinize decision-making through the lens of health equity and equality to better achieve the inherent values of health human rights. Copyright © 2014 Gross and Flood. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  5. Barcelona 2002: law, ethics, and human rights. Advancing research and access to HIV vaccines: a framework for action.

    Science.gov (United States)

    Avrett, Sam

    2002-12-01

    In light of the continuing spread of HIV infection and the devastating impact of the disease on lives, communities, and economies, particularly in the developing world, the investment in new treatments, vaccines, and microbicides has clearly been inadequate. Efforts must be intensified to develop effective HIV vaccines and to ensure that they are accessible to people in all parts of the world. This article is a summary of a paper by Sam Avrett 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. In the article, Avrett calls for immediate action to increase commitment and funding for HIV vaccines, enhance public support and involvement, accelerate vaccine development, and plan for the eventual delivery of the vaccines. The article briefly outlines steps that governments need to take to implement each of these objectives. The article also provides a menu of potential actions for vaccine advocates to consider as they lobby governments.

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

    Directory of Open Access Journals (Sweden)

    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.

  7. Human Rights and the Excess of Identity: A Legal and Theoretical Inquiry into the Notion of Identity in Strasbourg Case Law.

    Science.gov (United States)

    Al Tamimi, Yussef

    2018-06-01

    Identity is a central theme in contemporary politics, but legal academia lacks a rigorous analysis of this concept. The aim of this article is twofold: (i) firstly, it aims to reveal presumptions on identity in human rights law by mapping how the European Court of Human Rights approaches identity and (ii) secondly, it seeks to analyse these presumptions using theoretical insights on identity. By merging legal and theoretical analysis, this article contributes a reading of the Court's case law which suggests that the tension between the political and apolitical is visible as a common thread in the Court's use of identity. In case law concerning paternity, the Court appears to hold a specific view of what is presented as an unquestionable part of identity. This ostensibly pre-political notion of identity becomes untenable in cases where the nature of an identity feature, such as the headscarf, is contended or a minority has adopted a national identity that conflicts with the majoritarian national identity. The Court's approach to identity in such cases reflects a paradox that is inherent to identity; identity is personal while simultaneously constituted and shaped by overarching power mechanisms.

  8. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

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

    International Nuclear Information System (INIS)

    Mutius, A. von.

    1984-01-01

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

  10. What Role for Law, Human Rights, and Bioethics in an Age of Big Data, Consortia Science, and Consortia Ethics? The Importance of Trustworthiness.

    Science.gov (United States)

    Dove, Edward S; Özdemir, Vural

    2015-09-01

    The global bioeconomy is generating new paradigm-shifting practices of knowledge co-production, such as collective innovation; large-scale, data-driven global consortia science (Big Science); and consortia ethics (Big Ethics). These bioeconomic and sociotechnical practices can be forces for progressive social change, but they can also raise predicaments at the interface of law, human rights, and bioethics. In this article, we examine one such double-edged practice: the growing, multivariate exploitation of Big Data in the health sector, particularly by the private sector. Commercial exploitation of health data for knowledge-based products is a key aspect of the bioeconomy and is also a topic of concern among publics around the world. It is exacerbated in the current age of globally interconnected consortia science and consortia ethics, which is characterized by accumulating epistemic proximity, diminished academic independence, "extreme centrism", and conflicted/competing interests among innovation actors. Extreme centrism is of particular importance as a new ideology emerging from consortia science and consortia ethics; this relates to invariably taking a middle-of-the-road populist stance, even in the event of human rights breaches, so as to sustain the populist support needed for consortia building and collective innovation. What role do law, human rights, and bioethics-separate and together-have to play in addressing these predicaments and opportunities in early 21st century science and society? One answer we propose is an intertwined ethico-legal normative construct, namely trustworthiness . By considering trustworthiness as a central pillar at the intersection of law, human rights, and bioethics, we enable others to trust us, which in turns allows different actors (both nonprofit and for-profit) to operate more justly in consortia science and ethics, as well as to access and responsibly use health data for public benefit.

  11. What Role for Law, Human Rights, and Bioethics in an Age of Big Data, Consortia Science, and Consortia Ethics? The Importance of Trustworthiness

    Science.gov (United States)

    Dove, Edward S.; Özdemir, Vural

    2015-01-01

    The global bioeconomy is generating new paradigm-shifting practices of knowledge co-production, such as collective innovation; large-scale, data-driven global consortia science (Big Science); and consortia ethics (Big Ethics). These bioeconomic and sociotechnical practices can be forces for progressive social change, but they can also raise predicaments at the interface of law, human rights, and bioethics. In this article, we examine one such double-edged practice: the growing, multivariate exploitation of Big Data in the health sector, particularly by the private sector. Commercial exploitation of health data for knowledge-based products is a key aspect of the bioeconomy and is also a topic of concern among publics around the world. It is exacerbated in the current age of globally interconnected consortia science and consortia ethics, which is characterized by accumulating epistemic proximity, diminished academic independence, “extreme centrism”, and conflicted/competing interests among innovation actors. Extreme centrism is of particular importance as a new ideology emerging from consortia science and consortia ethics; this relates to invariably taking a middle-of-the-road populist stance, even in the event of human rights breaches, so as to sustain the populist support needed for consortia building and collective innovation. What role do law, human rights, and bioethics—separate and together—have to play in addressing these predicaments and opportunities in early 21st century science and society? One answer we propose is an intertwined ethico-legal normative construct, namely trustworthiness. By considering trustworthiness as a central pillar at the intersection of law, human rights, and bioethics, we enable others to trust us, which in turns allows different actors (both nonprofit and for-profit) to operate more justly in consortia science and ethics, as well as to access and responsibly use health data for public benefit. PMID:26345196

  12. What Role for Law, Human Rights, and Bioethics in an Age of Big Data, Consortia Science, and Consortia Ethics? The Importance of Trustworthiness

    Directory of Open Access Journals (Sweden)

    Edward S. Dove

    2015-08-01

    Full Text Available The global bioeconomy is generating new paradigm-shifting practices of knowledge co-production, such as collective innovation; large-scale, data-driven global consortia science (Big Science; and consortia ethics (Big Ethics. These bioeconomic and sociotechnical practices can be forces for progressive social change, but they can also raise predicaments at the interface of law, human rights, and bioethics. In this article, we examine one such double-edged practice: the growing, multivariate exploitation of Big Data in the health sector, particularly by the private sector. Commercial exploitation of health data for knowledge-based products is a key aspect of the bioeconomy and is also a topic of concern among publics around the world. It is exacerbated in the current age of globally interconnected consortia science and consortia ethics, which is characterized by accumulating epistemic proximity, diminished academic independence, “extreme centrism”, and conflicted/competing interests among innovation actors. Extreme centrism is of particular importance as a new ideology emerging from consortia science and consortia ethics; this relates to invariably taking a middle-of-the-road populist stance, even in the event of human rights breaches, so as to sustain the populist support needed for consortia building and collective innovation. What role do law, human rights, and bioethics—separate and together—have to play in addressing these predicaments and opportunities in early 21st century science and society? One answer we propose is an intertwined ethico-legal normative construct, namely trustworthiness. By considering trustworthiness as a central pillar at the intersection of law, human rights, and bioethics, we enable others to trust us, which in turns allows different actors (both nonprofit and for-profit to operate more justly in consortia science and ethics, as well as to access and responsibly use health data for public benefit.

  13. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

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

    NARCIS (Netherlands)

    Hesselman, Marlies

    2013-01-01

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

  15. "Compulsory Schooling" Despite the Law: How Education Policy Underpins the Widespread Ignorance of the Right to Home Educate in France

    Science.gov (United States)

    Bongrand, Philippe

    2016-01-01

    Everyone in France takes for granted the existence of compulsory school attendance ("école obligatoire") while home education remains very exceptional. Yet school attendance is not, and has never been, legally compulsory in France. How can one explain the fact that the right to home educate is little known and practiced? This article…

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

    NARCIS (Netherlands)

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

    2010-01-01

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

  17. Catches to the right to be forgotten, looking from an administrative law perspective to data processing by public authorities

    NARCIS (Netherlands)

    Klingenberg, A.M.

    2016-01-01

    Public authorities process personal data. In most cases these data are processed because there is a legal obligation to do so, or because processing is necessary for the performance of a task carried out in the public interest. The right to be forgotten or to erasure will, in this situation, play a

  18. FDA Recognized Consensus Standards

    Data.gov (United States)

    U.S. Department of Health & Human Services — This database consists of those national and international standards recognized by FDA which manufacturers can declare conformity to and is part of the information...

  19. Recognizing teen depression

    Science.gov (United States)

    ... medlineplus.gov/ency/patientinstructions/000648.htm Recognizing teen depression To use the sharing features on this page, ... life. Be Aware of the Risk for Teen Depression Your teen is more at risk for depression ...

  20. Site planning for a final nuclear disposal site without rights of action? On the actual draft for a site selection law

    International Nuclear Information System (INIS)

    Wollenteit, Ulrich

    2013-01-01

    'Good' and 'substantial' grounds for determining the location of a Federal final repository by law are not apparent. The acceleration argument from the Stendal decision is not available. The legitimacy argument provides no substantial reason for believing that the implementation of an administrative planning permission hearing or approval procedure is associated with significant disadvantages for the common weal. Thus, there is no justifiable reason for a reduction of legal protection. However, the fundamental right to legal protection guarantee requires that the expropriation may be examined comprehensively on its legality in factual and legal relationship by means of the judiciary power.

  1. Corporate Social Responsibility, social contract, corporate personhood and human rights law: Understanding the emerging responsibilities of modern corporations

    OpenAIRE

    Amao, O

    2008-01-01

    Copyright @ 2008 Olufemi Amao. The social contract theory has been advanced as a theoretical basis for explaining the emerging practice of Corporate Social Responsibility (CSR) by corporations. Since the 17th century the social contract concept has also been used to justify human rights. The concept is the constitutional foundation of many western states starting with England, US and France. Business ethicists and philosophers have tried to construct and analyse the social responsibility o...

  2. The Imperious Need of Change Of Law 6.015/1973: A Record Public Regarding Transsexuality and the Right to Social Name Without the Power of Judicial Assistance

    Directory of Open Access Journals (Sweden)

    Antonio José Mattos do Amaral

    2015-12-01

    Full Text Available Comes this study on changing the legal name of origin by social behalf of transgender individuals, without the need for judiciary intervention. To this end, it is imperative to change the art. 58 of Law 6.015/1973 - Laws of Public Records. Justified this amendment by the legislative admissibility already portrayed by the State in the use of the social name by transsexuals, to identify themselves various situations, including in public bodies and activities. Depicts the brief study the problem of discrimination suffered by these people in their daily lives, embedded in a society where intolerance and discrimination permeate the social fabric, fueling abuses and promoting the kick man on his journey. Relevant is the subject of analysis, as regards the conquest of rights by transgender individuals and the consequent non-discrimination in society of sexual freedoms, combined with the change in their marital name for the social name as well as the identification of sex without that to it have that bail laws that dignify man and the Judiciary. Still, due to the subject, it shows the need for without the need for transsexual name change to undergo a sex reassignment process on the grounds that such a procedure is not necessary to register peace and comfort in their transgender status.

  3. The Right to Self-Defence in International Law as a Justification for Crossing Borders: The Turkey-PKK Case within the Borders of Iraq

    Directory of Open Access Journals (Sweden)

    Rebaz Khdir

    2016-01-01

    Full Text Available International law grants states an inherent right to self-defence. States can exercise this right whenever they face armed attack. However, any country wishing to exercise its right to self-defence must fully consider all the restrictions on this right. The right to self-defence can permit the use of force within the borders of the victim state or on the territory of another state from where the attack is carried out. Accordingly, states may respond to any attack by the armed forces of another state or irregular armed groups that use the territory of other states for their attacks. Turkey is a country with a huge population of Kurdish inhabitants. The Kurds possess distinct origins, history, language, culture and a historical link to their land. Thus, they qualify as a people. For much of their history they have peacefully sought to assert their rights; however, Turkey denied those rights to the extent that the formation of the PKK in 1978 became amove of last resort. When the PKK started demanding Kurdish right to self-determination, Turkey launched military operations against it in self-defence. During the 1980s and 1990s, the PKK established camps in Iraq. On several occasions it withdrew its forces there as part of peace negotiations with the Turkish government. Turkey crossed the Iraqi borders and attacked the camps as part of a state policy to fight the PKK outside its borders. The PKK subsequently handed over the camps to other groups, which never posed any military threat to Turkey, but Turkish forces continued to cross the border into Iraq. This article examines the right of Turkey to use force within the borders of Iraq under the justification of self-defence.

  4. TRANSNATIONAL JUDICIAL AND NON-JUDICIAL REMEDIES FOR CORPORATE HUMAN RIGHTS HARMS: CHALLENGES OF AND FOR LAW

    Directory of Open Access Journals (Sweden)

    Sara L Seck

    2013-02-01

    Le présent document examinera si l’approche polycentrique en matière de gouvernance adoptée par les Principes directeurs relatifs aux entreprises et aux droits de l’homme, publiés par les Nations Unies en 2011, peut permettre de réaliser l’objectif de la conformité transnationale des entreprises aux responsabilités en matière de droits de la personne, notamment et surtout l’objectif de l’accès aux recours et à la justice pour les parties lésées. Au départ, le document avait été rédigé à titre de contribution à une conférence à l’Université de Windsor intitulée Justice Beyond the State: Transnationalism and Law. Le document se penche tout d’abord sur la compréhension des termes « citoyenneté » et « non-citoyenneté » en ce qui concerne la responsabilité transnationale des entreprises dans le contexte des droits de la personne. Deux perspectives distinctes sont étudiées : premièrement, la citoyenneté et la non-citoyenneté transnationales des entreprises et les droits et responsabilités qui en découlent; deuxièmement, la citoyenneté et la non-citoyenneté des victimes de violations des droits de la personne par rapport aux droits d’accès aux recours. Ensemble, ces perspectives éclairent une compréhension du rôle que le droit transnational et le pluralisme juridique au-delà de l’État pourraient jouer pour faciliter les recours en cas de violation des droits de la personne. En particulier, le document présentera en conclusion des réflexions sur ce qui pourrait être requis pour mettre en œuvre les Principes directeurs des Nations Unies de manière à réaliser l’objectif de la conformité transnationale des entreprises et de l’accès aux recours pour les personnes dont les droits ont été violés

  5. Judgement of November 18, 1980 -7 A II 17/80- (encroachment upon claimant's rights through Atomic Energy Law permits)

    International Nuclear Information System (INIS)

    Anon.

    1982-01-01

    With its decision of November 18, 1980, the Superior Administrative Court of the Rhineland-Palatinate has dismissed a suit requesting an appeal of licensing for the Muehlheim-Kaerlich nuclear power plant which had already been rejected previously by a lower court. In its decision, the court emphasized the point that all judicial and procedural guarantees for legal action, as defined in the Constitution, article 19, sub-section 4, and as stated in the administrative rules of court procedures, are limited to the protection of individuals against any infringement of their rights. Should the plaintiff, as is here the case, appear as a representative of the common interest, his court action becomes inadmissable, based on the need for a case of general legal protection. In addition, the complaint lacks defined needs for legal aid and protection, the court maintains. The plaintiff was not able to prove a violation of his own rights, and thus would have neither a justifiable interest in determining the validity of the disputed administrative measures (administrative rules of court section 43, sub-section 1) as he could, were he be authorized to contest this decision (administrative rule of court, section 42, sub-section 2). (GA) [de

  6. Biobanks for non-clinical purposes and the new law on forensic biobanks: does the Italian context protect the rights of minors?

    Science.gov (United States)

    Tozzo, Pamela; Pegoraro, Renzo; Caenazzo, Luciana

    2010-12-01

    Biobanks are an important resource for medical research. Genetic research on biological material from minors can yield valuable information that can improve our understanding of genetic-environmental interactions and the genesis and development of early onset genetic disorders. The major ethical concerns relating to biobanks concern consent, privacy, confidentiality, commercialisation, and the right to know or not to know. However, research on paediatric data raises specific governance and ethical questions with regard to consent and privacy. We have considered the Italian normative context focusing on what is mentioned in each document on the ethical and legal requirements that guarantee the rights of minors. We found out that there is no systematic reflection on the ethical and policy issues arising from the participation of minors in biobank research. Moreover, we have focused on the same aspects for the new Italian Law on the National Forensic Biobank.

  7. National Law Restrictions on Family Reunification Rights of International Protection Beneficiaries from a ECHR/EU Perspective

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    n light of the refugee crisis, European countries are exploring new ways to restrict access of migrants to their territory. One such restriction relates to family reunification rights of international protection beneficiaries. Proposals in this area have already been adopted or are currently being...... considered in countries such as Norway, Denmark, Sweden, Austria and Germany most commonly in the form of waiting periods before applications for family reunification can be submitted and/or age requirements. The personal scope of these proposals differs. In some countries the restrictions apply/are intended...... to apply to international beneficiaries in general while they in other countries are applicable/envisaged applicable only to persons with subsidiary protection status or persons fleeing from generalised violence. The intention of the paper is to examine whether this legislative trend is in conformity...

  8. Reflections on the Abolition of Exequatur in Family Law Cases Regarding the Exercise of the Right of Visitation

    Directory of Open Access Journals (Sweden)

    Gabriela LUPŞAN

    2015-03-01

    Full Text Available The Council Regulation (EC No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC no. 1347/2000 includes, along with uniform rules settling conflicts of jurisdiction between Member States, also a number of rules to ensure the free movement within the EU area of judgments, of authentic instruments and agreements, establishing provisions on their recognition and enforcement in another Member State. In the present paper we analyze the abolishing of the exequatur, under the situation where the judgments, concerning the exercise the rights of visitation, were passed in another Member State.

  9. Crimes amendment (Zoe's law) Bill 2013 (No 2): paradoxical commercial impacts of the conservative agenda on fetal rights.

    Science.gov (United States)

    Bricknell, Roseanna; Faunce, Thomas

    2014-12-01

    In 2013, Liberal MP Chris Spence introduced a Private Member's Bill to the New South Wales Parliament, reinvigorating an earlier Bill introduced by Christian Democrat MP Fred Nile. If passed, the Bill would have bestowed legal personhood on fetuses of 20 weeks or more for the purpose of grievous bodily harm offences in the Crimes Act 1900 (NSW). The Bill had the potential to undermine freedom of choice for women in relation to abortions prior to the point of viability (capacity for fetal existence outside the womb) as well as other decisions concerning pregnancy and childbirth. One hypothesis is that legislative measures such as this that support the rights of the fetus are well intentioned initiatives by those for whom the fetus is an essentially independent entity or symbol of innocence and moral purity whose existence must be protected over and above the interests and independent decision-making capacity of the mother. This column explores this hypothesis in the context of the paradoxical negative commercial implications of such legislation on multiple areas involving fetal-maternal interaction including surrogacy.

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

    Science.gov (United States)

    Beiter, Klaus Dieter

    2006-01-01

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

  11. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

  12. Burnout: Recognize and Reverse.

    Science.gov (United States)

    Anne, Samantha

    2014-07-01

    Physician burnout may be underrecognized and can cause significant detrimental effects on personal health and job satisfaction. Burnout has been associated with medical errors, alcohol and drug abuse, and neglect and abandonment of career goals. With self-awareness, development of coping mechanisms, and the adoption of a strong social and professional support network, burnout can be combated. This article focuses on recognizing characteristics of burnout and providing strategies to cope to avoid reaching a high degree of burnout. © American Academy of Otolaryngology—Head and Neck Surgery Foundation 2014.

  13. University of Geneva honours LHC project leader Lyn Evans at 450th anniversary ceremony. The honorary degrees, which recognize endeavours in human rights and in fostering dialogue between nations, were also awarded to Mary Robinson, Desmond Tutu, as well as Pascal Lamy .

    CERN Multimedia

    Maximilien Brice

    2009-01-01

    University of Geneva honours LHC project leader Lyn Evans at 450th anniversary ceremony. The honorary degrees, which recognize endeavours in human rights and in fostering dialogue between nations, were also awarded to Mary Robinson, Desmond Tutu, as well as Pascal Lamy .

  14. Recognizing Facial Slivers.

    Science.gov (United States)

    Gilad-Gutnick, Sharon; Harmatz, Elia Samuel; Tsourides, Kleovoulos; Yovel, Galit; Sinha, Pawan

    2018-07-01

    We report here an unexpectedly robust ability of healthy human individuals ( n = 40) to recognize extremely distorted needle-like facial images, challenging the well-entrenched notion that veridical spatial configuration is necessary for extracting facial identity. In face identification tasks of parametrically compressed internal and external features, we found that the sum of performances on each cue falls significantly short of performance on full faces, despite the equal visual information available from both measures (with full faces essentially being a superposition of internal and external features). We hypothesize that this large deficit stems from the use of positional information about how the internal features are positioned relative to the external features. To test this, we systematically changed the relations between internal and external features and found preferential encoding of vertical but not horizontal spatial relationships in facial representations ( n = 20). Finally, we employ magnetoencephalography imaging ( n = 20) to demonstrate a close mapping between the behavioral psychometric curve and the amplitude of the M250 face familiarity, but not M170 face-sensitive evoked response field component, providing evidence that the M250 can be modulated by faces that are perceptually identifiable, irrespective of extreme distortions to the face's veridical configuration. We theorize that the tolerance to compressive distortions has evolved from the need to recognize faces across varying viewpoints. Our findings help clarify the important, but poorly defined, concept of facial configuration and also enable an association between behavioral performance and previously reported neural correlates of face perception.

  15. Are civil-law notaries rent-seeking monopolists or essential market intermediaries? Endogenous development of a property rights institution in Mexico.

    Science.gov (United States)

    Monkkonen, Paavo

    2016-01-01

    As the fourth contribution in the 'Land' section, this paper forms a research 'diptych' with the next paper by Levy. Whereas she focuses on the notarial institution in mid-nineteenth century Mexico, this contribution examines it in a contemporary context. The notary is one of the chief components of property rights protection in civil-law systems, performing various public functions such as writing deeds for real estate property. Yet notaries are considered an 'inefficient' institution by many, due to the perception of rent-seeking behavior enabled by their near-monopoly over validating property rights claims. This study examines notaries in Mexico to unpack the apparent contradiction in the role of notaries in economic development. I use a combination of interviews with notaries and clients, and data on notarial practice and bureaucratic outcomes across the country, to examine notaries' social function. The theoretical lens of endogenous development and institutional functionalism reveals an alternate explanation for their seemingly high-cost services, as well as their role in economic development. Mexican notaries have a dual social function: public representative and private service provider. They perform diverse and essential activities, which in other countries are performed by multiple actors such as real estate agents, escrow offices and title insurance companies. Thus, what is perceived as inefficiency by some can be interpreted as an efficient response to the context in which they operate, and their semi-privatized nature can overcome problems found in other bureaucratic arrangements.

  16. Are civil-law notaries rent-seeking monopolists or essential market intermediaries? Endogenous development of a property rights institution in Mexico

    Science.gov (United States)

    Monkkonen, Paavo

    2017-01-01

    As the fourth contribution in the ‘Land’ section, this paper forms a research ‘diptych’ with the next paper by Levy. Whereas she focuses on the notarial institution in mid-nineteenth century Mexico, this contribution examines it in a contemporary context. The notary is one of the chief components of property rights protection in civil-law systems, performing various public functions such as writing deeds for real estate property. Yet notaries are considered an ‘inefficient’ institution by many, due to the perception of rent-seeking behavior enabled by their near-monopoly over validating property rights claims. This study examines notaries in Mexico to unpack the apparent contradiction in the role of notaries in economic development. I use a combination of interviews with notaries and clients, and data on notarial practice and bureaucratic outcomes across the country, to examine notaries’ social function. The theoretical lens of endogenous development and institutional functionalism reveals an alternate explanation for their seemingly high-cost services, as well as their role in economic development. Mexican notaries have a dual social function: public representative and private service provider. They perform diverse and essential activities, which in other countries are performed by multiple actors such as real estate agents, escrow offices and title insurance companies. Thus, what is perceived as inefficiency by some can be interpreted as an efficient response to the context in which they operate, and their semi-privatized nature can overcome problems found in other bureaucratic arrangements. PMID:28615798

  17. Political intersections between HIV/AIDS, sexuality and human rights: a history of resistance to the anti-sodomy law in India.

    Science.gov (United States)

    Ramasubban, R

    2008-01-01

    The HIV/AIDS epidemic in India has posed unprecedented challenges to both state and society, to question prevailing constructions of patriarchal gender relations and heteronormativity. Response to the challenge has come not from the political and social mainstream but from the criminalised "margins": people of alternative sexualities, who have launched a struggle for reform of the anti-sodomy law, Section 377 of the Indian Penal Code. This article documents the history of this movement, and identifies the multiple national and global-level cultural, political, and economic strands, shaping it. The legal reform movement has been invaluable as a tool to mobilise disparate alternative sexualities groups around a common strategy, thereby forging them into a tenuous national-level "community". Going beyond legal reform in the direction of sexual rights, however, requires a broader coalition of groups, and a broad-based political agenda of sexual rights for all. This agenda must critique patriarchy, dominant masculinity, and sexual violence; forces that together govern both the subordination of women and repression of alternative sexualities.

  18. Case Law

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    attacks and their resulting environmental effects. Thirdly, judgment of a U.S. district court on interstate compact authority to restrict private disposal of foreign low-level radioactive waste (2009): this case concerns the limits of authority granted by the U.S. Congress to the states collectively forming the northwest Interstate Compact on low level radioactive waste management. The court was troubled by the implications of recognizing an interstate compact unfettered power to restrict or bar any low level waste disposal at any facility within a compact region which would effectively shut down the targeted facility. The court feared that such power could severely interfere with interstate commerce and state that under the Constitution, it could not recognize those powers without a clear expression of Congressional intent to permit such interference, which it did not find. The Northwest compact, joined by Utah and the Rocky mountain Interstate compact, disagreed with the trial judge ruling, they appealed, there is no decision on the appeal up to now. Concerning European Union, a judgment of European court of justice in the case land Oberosterreich v Cez is also presented: Austria cannot justify the discrimination practised in respect of the official authorization granted in the Czech Republic for the operation of the Temelin nuclear power plant on the ground that is necessary for protecting life, public health, the environment or property rights. The existing community legislative framework, of which that authorization forms a part, contributes precisely and essential towards ensuring the protection of those value. thus, that difference in treatment cannot be regarded as either necessary or proportionate for the purposes of protection. Cez has succeeded. (N.C.)

  19. Violações de direitos humanos, lei e memória coletiva Human rights violations, law and collective memory

    Directory of Open Access Journals (Sweden)

    Joachim J. Savelsberg

    2007-11-01

    Full Text Available Respostas institucionais a violações maciças dos direitos humanos e do direito humanitário podem afetar os registros de direitos humanos futuros, pois, entre outras implicações, contribuem para aviventar a memória coletiva referente aos capítulos sombrios da história de uma nação. Este artigo explora, primeiramente, as idéias teóricas concernentes ao impacto que respostas legais podem ter sobre a memória coletiva e o trauma cultural. Em seguida, procede a um exame das formas de mensuração empírica dos efeitos de processos jurídicos sobre a memória coletiva, discriminando sistematicamente os passos seguidos em estudos recentes acerca da memória coletiva de atrocidades, tomando como exemplos as guerras do Vietnã e dos Bálcãs enquanto reportadas pelo New York Times e em livros de história dos Estados Unidos. Alguns dos resultados desses estudos são relatados, indicando os efeitos condicionais e seletivos de processos criminais incidentes sobre a memória coletiva. Por fim, são elaboradas conclusões visando a pesquisas futuras na América Latina e alhures.Institutional responses to gross violations of human rights and humanitarian law may affect future human rights records, partly by contributing to the collective memory of the dark chapters in a nation's history. This article begins with an exploration of various theoretical ideas concerning the impact of legal responses on collective memory and cultural trauma. It examines ways of empirically measuring the effects of law trials on collective memory, systematically analyzing the procedures adopted in recent studies into the collective memory of atrocities. Here it takes as examples the Vietnam and Balkan wars as reported in the New York Times and described in textbooks on the History of the United States. Some of the findings from these studies are explored, indicating the conditional and selective effects of criminal trials on collective memory. Finally, the article

  20. Recognizing Plant Defense Priming.

    Science.gov (United States)

    Martinez-Medina, Ainhoa; Flors, Victor; Heil, Martin; Mauch-Mani, Brigitte; Pieterse, Corné M J; Pozo, Maria J; Ton, Jurriaan; van Dam, Nicole M; Conrath, Uwe

    2016-10-01

    Defense priming conditions diverse plant species for the superinduction of defense, often resulting in enhanced pest and disease resistance and abiotic stress tolerance. Here, we propose a guideline that might assist the plant research community in a consistent assessment of defense priming in plants. Copyright © 2016 Elsevier Ltd. All rights reserved.

  1. How legumes recognize rhizobia.

    Science.gov (United States)

    Via, Virginia Dalla; Zanetti, María Eugenia; Blanco, Flavio

    2016-01-01

    Legume plants have developed the capacity to establish symbiotic interactions with soil bacteria (known as rhizobia) that can convert N2 to molecular forms that are incorporated into the plant metabolism. The first step of this relationship is the recognition of bacteria by the plant, which allows to distinguish potentially harmful species from symbiotic partners. The main molecular determinant of this symbiotic interaction is the Nod Factor, a diffusible lipochitooligosaccharide molecule produced by rhizobia and perceived by LysM receptor kinases; however, other important molecules involved in the specific recognition have emerged over the years. Secreted exopolysaccharides and the lipopolysaccharides present in the bacterial cell wall have been proposed to act as signaling molecules, triggering the expression of specific genes related to the symbiotic process. In this review we will briefly discuss how transcriptomic analysis are helping to understand how multiple signaling pathways, triggered by the perception of different molecules produced by rhizobia, control the genetic programs of root nodule organogenesis and bacterial infection. This knowledge can help to understand how legumes have evolved to recognize and establish complex ecological relationships with particular species and strains of rhizobia, adjusting gene expression in response to identity determinants of bacteria.

  2. Recognize and classify pneumoconiosis

    International Nuclear Information System (INIS)

    Hering, K.G.; Hofmann-Preiss, K.

    2014-01-01

    In the year 2012, out of the 10 most frequently recognized occupational diseases 6 were forms of pneumoconiosis. With respect to healthcare and economic aspects, silicosis and asbestos-associated diseases are of foremost importance. The latter are to be found everywhere and are not restricted to large industrial areas. Radiology has a central role in the diagnosis and evaluation of occupational lung disorders. In cases of known exposure mainly to asbestos and quartz, the diagnosis of pneumoconiosis, with few exceptions will be established primarily by the radiological findings. As these disorders are asymptomatic for a long time they are quite often detected as incidental findings in examinations for other reasons. Therefore, radiologists have to be familiar with the pattern of findings of the most frequent forms of pneumoconiosis and the differential diagnoses. For reasons of equal treatment of the insured a quality-based, standardized performance, documentation and evaluation of radiological examinations is required in preventive procedures and evaluations. Above all, a standardized low-dose protocol has to be used in computed tomography (CT) examinations, although individualized concerning the dose, in order to keep radiation exposure as low as possible for the patient. The International Labour Office (ILO) classification for the coding of chest X-rays and the international classification of occupational and environmental respiratory diseases (ICOERD) classification used since 2004 for CT examinations meet the requirements of the insured and the occupational insurance associations as a means of reproducible and comparable data for decision-making. (orig.) [de

  3. Human Rights That Influence The Mentally Ill Patient In South African Medical Law: A Discussion of Sections 9; 27; 30 and 31 of the Constitution

    Directory of Open Access Journals (Sweden)

    M Swanepoel

    2011-12-01

    Full Text Available The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection and humiliation that are in some way tantamount to a "second illness." The combination either disrupts or puts beyond reach the usual personal and social life stages of marriage, family life, raising children, sexual relationships, the choice of treatment, affordable housing, transportation, education and gainful employment. As a result of their lack of financial and social support and their experience of rejection from society, persons with mental illness tend to neglect themselves and their diet, and frequently delay seeking treatment. Against this background, this contribution critically focuses on the human rights that influence the mentally ill patient in South African medical law. Specific attention is paid to the relevance and meaning of sections 9 (the equality clause, 27 (access to health care services, 30 and 31 (language, culture and religion of the Constitution of the Republic of South Africa, 1996.

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

    Science.gov (United States)

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

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Kati Nieminen

    2015-12-01

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

  6. Law of the People's Republic of China on the Protection of Rights and Interests of Women, -- adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992.

    Science.gov (United States)

    1992-08-01

    The new law acts in accordance with the Constitution and the actual conditions of the country to protect women's lawful rights and interests, promote equality between men and women, and allow full play to women's role in socialist modernization in all aspects of political, economic, cultural, social, and family life. The state shall protect the special rights and interests enjoyed by women according to law and gradually perfect its social security system with respect to women. Women possess political rights equal with men, enjoy the right to vote and to stand for election, conduct state affairs, manage economic and cultural undertakings, and administer social affairs. Women are guaranteed the same rights with men with respect to culture and education for starting school, entering a higher school, job assignment upon graduation, conferring of academic degrees, and dispatch for study abroad. Guardians must ensure that female school age children receive compulsory education. The state shall guarantee that women enjoy the equal right with men to work, except where special types of work are unsuitable to women, and that women shall receive equal pay for equal work. Women shall be under special protection during their menstrual period, pregnancy, obstetrical period, and nursing period. Women shall enjoy equal rights with men to property and to their person. Drowning, abandoning, or infanticide in any manner of female babies shall be prohibited; discrimination against or maltreatment of women who give birth to female babies or women who are sterile shall be prohibited. Maltreatment or abandonment of aged women shall be prohibited. Women shall enjoy equal rights in marriage and family, and divorce. Women have the right to childbearing in accordance with relevant regulations and the freedom not to bear any child. When a woman's lawful rights are infringed, she has the right to request disposition or bring a lawsuit in a people's court.

  7. From Blackstone's Common Law Duty of Parents to Educate Their Children to a Constitutional Right of Parents to Control the Education of Their Children

    Science.gov (United States)

    Sedler, Robert A.

    2007-01-01

    Blackstone's Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance." Early on American courts cited Blackstone for the proposition of the common law duty of parents…

  8. [Body, rights and comprehensive health: Analysis of the parliamentary debates on the Gender Identity and Assisted Fertilization Laws (Argentina, 2011-2013)].

    Science.gov (United States)

    Farji Neer, Anahí

    2015-09-01

    In this paper we present an analysis of the parliamentary debates of the Gender Identity Law (No. 26743) and the Assisted Fertilization Law (No. 26862) carried out in the Argentine National Congress between 2011 and 2013. Using a qualitative content analysis technique, the stenographic records of the debates were analyzed to explore the following questions: How was the public problem to which each law responds characterized? How was the mission of each law conceptualized? To what extent did those definitions call into question ideas of health and illness, in including in the public health system coverage for certain medical treatments of body optimization or modification? In the process of sanctioning both laws, the concepts of health and disease were put into dispute as moral categories. In this context, an expanded concept of comprehensive health arose, in which desires regarding reproduction and the body were included.

  9. The Duty to Recognize Culture

    DEFF Research Database (Denmark)

    Nielsen, Morten Ebbe Juul

    2012-01-01

    On Taylor and Honneth's theories of recognition and whether one can derive a "duty to recognize Culture" from these......On Taylor and Honneth's theories of recognition and whether one can derive a "duty to recognize Culture" from these...

  10. Liberdade, lei natural e direito natural em Hobbes: limiar do direito e da política na modernidade Freedom, natural law and natural right in Hobbes: threshold of law and politics in modernity

    Directory of Open Access Journals (Sweden)

    Natalia Maruyama

    2009-01-01

    Full Text Available Liberdade e poder são dois temas que se correlacionam ao longo da história da filosofia política moderna. Nos textos de Hobbes, a ideia da liberdade como ausência de impedimentos às ações ajuda-nos a pensar o dever de obediência ao poder soberano e as relações entre política e direito. Uma situação de vácuo jurídico, em que tudo é permitido, faz-se, contudo, impossível, de modo que a solução de Hobbes consiste em sustentar a ideia do direito natural como direito originário individual vinculado à preservação da vida. Suas ideias do direito natural e da lei natural, que servem de fundamento ao dever de obediência ao soberano, amparam-se em princípios jurídicos, teológicos e biológicos. Tais princípios, entretanto, não dão conta da questão da extensão do poder soberano. Hobbes recorre à análise da linguagem. Sua teoria contratual afirma o princípio de preservação da vida na base da política e sustenta a ideia da criação e da manutenção do poder soberano no ato de linguagem implicado na estrutura representativa do pacto político.Liberty and power are two subjects correlated along the history of the political modern philosophy. In the texts of Hobbes, the idea of liberty as absence of impediments to the actions helps us to think the duty of obedience to the sovereign power and the relations between politics and right. A situation of legal vacuum, in which everything is allowed, is, nevertheless, impossible, so that the solution of Hobbes consists in supporting the idea of the natural right like original individual right linked to the preservation of the life. His ideas of the natural right and of the natural law, which serve of basis to the duty of obedience to a sovereign, lean on legal, theological and biological principles. In spite of that, such principles do not surround the question of the extension of the sovereign power. Hobbes resorts to the analysis of the language. His contractual theory affirms

  11. The Protection of Consumer’s Rights and the Application of Criminal Law in the Unlawful Operation of Services and Content Service Application

    Directory of Open Access Journals (Sweden)

    Edmon Makarim

    2012-05-01

    Full Text Available Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counterproductive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.

  12. Law 20-30: Teacher Resource Manual.

    Science.gov (United States)

    King, John; Jackson, Landis

    Law 20, in the Alberta (Canada) educational system, is an introductory course with three core modules: (1) "Nature of Law and Civil Law System," (2) "Contract Law," and (3) "Family Law." Law 30 consists of (1) "Basic Rights and Responsibilities," (2) "Labour Law," and (3) "Property Law."…

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

    Directory of Open Access Journals (Sweden)

    Kuljić Todor

    2017-01-01

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

  14. Classified installations. Two centuries of legislation and nomenclature. Tome 1 - The foundational decree of October 15, 1810 and the law of December 19, 1917: the progressive protection of third parties rights. Tome 2 - The law of July 19, 1976: the accelerated regression of the environmental law

    International Nuclear Information System (INIS)

    Ullmann, Gabriel

    2016-01-01

    The imperial decree of October 15, 1810 established the first national regulation on classified facilities. It laid the ground for French law on the industrial environment by creating the first nomenclature. An analysis of over 140 nomenclature texts published since then has provided insight into a certain number of societal developments. Indeed, the nomenclature System has been a powerful social marker for more than two centuries. Furthermore, the effectiveness of the law has depended greatly on the nomenclature System. While its original objective was to foster freedom of enterprise, it gradually evolved towards a law protecting third parties, in particular regarding property rights. The Act of December 19, 1917 on classified facilities further strengthened this purpose, generally placing the focus first on third parties and then on the environment. The act also favored workers' health and safety, which had been ignored until then. On the other hand, the act abolished the principle of preliminary authorization by introducing a declaration scheme for the benefit of operators (Volume 1). The Act of July 19, 1976 on classified facilities for environmental protection took over and modernized all of these provisions but without really introducing any innovation. The nomenclature System rapidly underwent a series of transformations that generally resulted in the decommissioning of numerous facilities. The declaration scheme continued to expand. However, the creation of the registration scheme in 2009, which is somewhere between the declaration and authorization schemes, has led to a dramatic reduction in the reach of the latter. The transposition of recent European directives has spurred this process by introducing a new nomenclature. Never before has such a regression on environmental law been reached, especially since it is combined with a marked separation between classified facilities and the receiving environment (Volume 2). (author)

  15. Religious law versus secular law
    The example of the get refusal in Dutch, English and Israeli law

    Directory of Open Access Journals (Sweden)

    Matthijs de Blois

    2010-06-01

    Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

  16. Business Law

    OpenAIRE

    Marson, James; Ferris, Katy

    2016-01-01

    Marson & Ferris provide a thorough account of the subject for students. Essential topics are introduced by exploring current and pertinent examples and the relevance of the law in a business environment is considered throughout. This pack includes a supplement which considers the effects of the Consumer Rights Act 2015.

  17. 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....

  18. 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.

  19. CONSUMER'S RIGHT TO WITHDRAW

    Directory of Open Access Journals (Sweden)

    ANCA NICOLETA GHEORGHE

    2013-05-01

    Full Text Available The right of withdrawal (of a contract belongs to the consumer, and is an essential means for the improvement of regulations that protect the consumer.. Right of withdrawal is not a recent creation and is not even specific to the consumer field. He was previously recognized in civil and commercial law (without special regulation. The right to withdraw may even have as ground the parties will. Thus, based on the contractual freedom, the parties may agree that one of them has the right to terminate the contract unilaterally The possibility of unilateral denunciation of the contract, gives the consumer, added protection by being able to reflect the decision and to check how the trader fulfil its obligations. In this context, through its effects, the right of denunciation, forces the professional parties to conduct themselves as fair as possible to the consumer and to execute the contract properly. In the study of the consumer protection, the time of conclusion is essential because in this stage is manifested, the inequality between the consumer and professional. Thus, the lack of information, the major of products and activities, commercial practices, influence the formation of consumer will, preventing the expression of a freely and knowingly consent.

  20. Animal rights and environmemntal rights in Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Fernando Cesar Costa Xavier

    2018-01-01

    are totally neglected. The article uses widely the arguments presented by Martha Nussbaum in her text Beyond “Compassion and humanity”: Justice for Nonhuman Animals, particularly to show that the approach of “capabilities” developed by it can provide a better theoretical orientation of the approaches Kantian contractualism and utilitarianism to the animal rights, mainly because it is able to recognize the breadth of the concept of “animal dignity”. It is considered that the central point to be faced in order to recognize the rights of animals is the one raised by the High Court of Kerala in the case of Nair v. India Union (June 2000, which Nussbaum highlights as the epigraph of the her text: “Therefore, it is not only our fundamental duty to show compassion to our animal friends, but also to recognize and protect their rights [...] If human beings have a right to fundamental rights, why not animals?”.Conclusions. Understanding the prohibition of animal abuse as a measure of environmental protection for the benefit of present and future generations is incorrect and does not take into account the basic principles that form the core of animal rights.Brazilian law will go a long way towards protecting animal rights when (and if it expressly recognizes that animals (at least some of them are creatures created for a decent existence”; when, for example, it permits the trial of habeas corpus filed in favour of a bull locked up in a farm or slaughterhouse.

  1. The nature of human rights

    Directory of Open Access Journals (Sweden)

    Krivokapić Boris

    2016-01-01

    Full Text Available In the first part of the paper, the author points out that, unlike in the past, in our time human rights developed into a fair legal institution, and even a special system. They are formulated and protected both internally and internationally. The second part deals with the approach according to which human rights are part of the so-called. natural law. The author notes that the theory of natural law can not be accepted for many reasons. It is pure construction, which is far from reality, and besides it is unnecessary. Law and thus human rights as a part of it, is a social creation, developing along with the society itself, whereby, in the longer term, advanced norms in the matter of human rights replace obsolete ones. Life and human needs are the ones who impose such development. In the third part the writer notes that since under human rights one can have in mind various things, at least such a special concept and, on the other hand, specific rights, it is not possible to give a single answer to what is the nature of human rights. It is even harder as human rights, have a variety of dimensions - legal, philosophical, ideological, political, economic, social, educational, etc. However, he gives his view of the main characteristics of the modern concept of human rights. In the fourth part, the author notes that, speaking not about the concept, but human rights as such, their main characteristics are that they are: 1 source - belong to anyone on the grounds that he is a human being (general rights or a member specific vulnerable groups (special rights; 2 universal - belong to everyone or all members of vulnerable groups, without any discrimination based on personal characteristics, and on the other hand, the most important such rights shall be recognized in all states; 3 inalienable - one can not give up or else share his basic human rights, such as the right to life, the right to vote, etc.; 4 somewhat different - although, in principle, all

  2. Procrastination in Recognizing the Rights of Domestic Workers

    African Journals Online (AJOL)

    Mussie_Mezgebo

    Migrating out of Poverty Research Program Consortium Arts B, University of ..... Paraguay, Panama, Bolivia, Chile, Colombia, Ecuador, Philippines, Guyana, .... inclusion of job description; the rate of pay or compensation for overtime and.

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

    Directory of Open Access Journals (Sweden)

    Camelia STOICA

    2013-06-01

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

  4. Abandonment and reconciliation: addressing political and common law objections to fetal homicide laws.

    Science.gov (United States)

    Curran, Douglas S

    2009-03-01

    Fetal homicide laws criminalize killing a fetus largely to the same extent as killing any other human being. Historically, the common law did not generally recognize feticide as a crime, but this was because of the evidentiary "born-alive" rule, not because of the substantive understanding of the term "human being." As medicine and science have advanced, states have become increasingly willing to abandon this evidentiary rule and to criminalize feticide as homicide. Although most states have recognized the crime of fetal homicide, fourteen have not. This is largely the result of two independent obstacles: (judicial) adherence to the born-alive rule and (legislative) concern that fetal homicide laws could erode constitutionally protected reproductive rights. This Note explores a variety of fetal homicide laws that states have adopted, demonstrating that popular opinion has shifted toward recognizing this crime. It then directly confronts the objections that have prevented other states from adopting such laws: it first reviews the literature suggesting that the born-alive rule should be abandoned, as it is an obsolete evidentiary standard; it then argues that constitutionally protected reproductive liberties can be reconciled with, and in fact augmented by, punishing the killing of a fetus as a homicide.

  5. The right of foreigners to have Social Security / El derecho de los extranjeros a utilizar los servicios de la Seguridad Social

    Directory of Open Access Journals (Sweden)

    Egla Cornelio Landero

    2015-10-01

    Full Text Available The foreigner is a person who comes from a country and enters another sovereignty, leaving their limited rights under the law that recognizes the Basic Law of the country they arrive in Mexico Article 33 of the Political Constitution of the Mexican United States, states that foreigners are those who do not possess the qualifications specified in Article 30 of the constitution and enjoy human rights and guarantees recognized by the Constitution. The Social Security Law is a human right of access to health, medical assistance and means of subsistence that requires the individual to survive.

  6. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  7. Whose Rights?

    DEFF Research Database (Denmark)

    Aktor, Mikael

    2016-01-01

    The debate over ritual infant male circumcision has increasingly been thematized as a Human Rights issue. But the claims on such rights seem highly conflicting. In particular, the rights of the child seems to conflict with the freedom of religion of parents, the rights of religious and ethnic...... minorities, and the rights of family and privacy. This disagreement is also present among scholars of religion. A reading of public statements by scholars of religion in the ongoing Danish (and Norwegian) debate reveals the lack of consensus of the study of religion when it comes to matters that are of great...... concern both for religious minorities and for individual citizens. This chapter examines the Law and Human Rights documents behind these conflicting claims and discusses the role of the scholar of religion in the debate....

  8. 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

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

    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

  9. Law no. 2004-1343 from December 9, 2004 of right simplification; Loi no. 2004-1343 du 9 decembre 2004 de simplification du droit

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2004-07-01

    This law encompasses several measures dealing with urbanization, energy, public markets etc.. In particular, it contains an article about the energy efficiency diagnosis which will become mandatory to supply since July 2006 to dwelling purchasers and since July 2007 to dwelling occupiers. (J.S.)

  10. Private law

    DEFF Research Database (Denmark)

    working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... blind reviewed and edited for quality. They represent the contributions of leading academics, early career researchers and others from an increasing number of countries, universities and institutions around the world. They set a benchmark for discussion of the current issues arising in the subject area...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...

  11. 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.

  12. Foreign citizens with the right to work in the Republic of Moldova with no status of immigrant workers who do not fall under the provisions of the Law

    Directory of Open Access Journals (Sweden)

    Nicolae ROMANDAȘ,

    2016-12-01

    Full Text Available Among foreigners (foreign citizens or stateless persons, who legally reside on the territory of Republic of Moldova for work purposes, there are several categories of such persons who, in reality benefit of a special legal status being regulated by other legal acts than those regulating labour migration. In the Law of Moldova no. 180 on labour migration, there are identified 12 categories of foreigners who do not fall under this law and therefore cannot be treated as migrant workers. In our paper, we classified these categories of foreigners in four blocks as follows: a based on a particular profession, activity; b according to a profession and a determined period of activity in the Republic of Moldova; c depending on the conditions of the international treaty and d depending on other circumstances.

  13. Surface rights

    Directory of Open Access Journals (Sweden)

    Regina Célia Corrêa Landim

    2009-06-01

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

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

    Science.gov (United States)

    Slobogin, Christopher

    2015-01-01

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

  15. nternational protection of mother and child rights

    Directory of Open Access Journals (Sweden)

    Liliana CREANGĂ

    2017-12-01

    Full Text Available Towards the end of the 20th century, the protection of mother and child’s rights has evolved from some national regulations to international regulations – a delayed remedy for flagrant and persistent abuse on the child and woman. In this sense, international law starts from recognizing the child and the woman as subjects of law, and as such, their ability to enjoy all civil, political, cultural, economic, social rights, etc. At the same time, the particularities of child – becoming a person (i.e. the lack of discernment and intellectual maturity, which limits his / her legal competence, – and women-mothers (with specific psycho-physiological are underlined. This requires the establishment and regulation of certain assistance, protection and care measures, as well as of some institutions through which they would be able to harness their rights without being in any way harmed or injured.

  16. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  17. Implementation of the provisions of the European social charter on the right to protection of youth from the danger of causing physical and psychological harm in the process of their labor in the labor law of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Marina Eduardovna Kandel

    2015-06-01

    Full Text Available Objective to analyze special measures and safeguards enshrined in the provisions of Art. 7 of the European Social Charter which provides protection of children and adolescents from the danger of causing physical or psychological harm in the process of their labor and its implementation in the Labor Law of the Russian Federation in connection with acceptance of obligations under Art. 7 of the European Social Charter. Methods comparative legal research method was applied. Results the comparative legal analysis was carried out of the implementation of measures and warranties expressed in Art. 7 of the European Social Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of their employment within the Russian Labor Law investigation was made of the degree of compliance of norms of the Russian Labor Law with the specified provisions of the Charter and the requirements of European Convention the necessary measures are listed to fill up the norms and gaps in the Russian Labor Law. Scientific novelty for the first time the article presents a comprehensive comparative legal study on the implementation of measures and safeguards embodied in Art. 7 of the Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of labor activity in the Russian norms of Labor Law the degree of their compliance with the Charter is determined practical steps are offered to reform the Russian legislation with the aim of implementation of the assumed Charter obligations by the Russian Federation. Practical value the measures for the protection of children proposed by the author can be used in scientific legislative and lawenforcement practice in Russia. nbsp

  18. Blatt v. Cabela's Retail, Inc. and a New Path for Transgender Rights

    OpenAIRE

    Levi, Jennifer; Barry, Kevin

    2018-01-01

    Published: Kevin Barry & Jennifer Levi, Blatt v. Cabela's Retail, Inc. and a New Path for Transgender Rights, 127 YALE L.J. F. 373 (2017). Since the Supreme Court recognized marriage equality in Obergefell v. Hodges, civil rights advocates have increasingly set their sights on transgender rights as the next legal frontier. Sex discrimination law, though an essential statutory tool, is not the only potential avenue for securing rights for transgender individuals. Another important federal ...

  19. Research strategy and programs about the management of high-level and long-lived radioactive wastes (by right of the article L542 of the environment law and belonging to the December 30, 1991 law)

    International Nuclear Information System (INIS)

    2002-01-01

    This document has been prepared by the French public organizations on charge of the researches about the management of radioactive wastes in the framework of the law from December 30, 1991. It was presented at the national commission of evaluation on March 6, 2002. It comprises 6 chapters dealing with: 1 - the methodology, structuration and implementation of researches: main goals; products of the back-end of the fuel cycle and evaluation of fluxes; technical structuration of programs; researches consistency, complementarity and priority; criteria of appreciation of researches relevance; 2 - the main results after 10 years of researches in the framework of the 1991 law: abatement of wastes noxiousness; wastes conditioning; long-term storage; studies on geological disposal; 3 - the main steps towards 2006: separation and transmutation; underground disposal; conditioning and long-term behaviour; 4 - presentation and analysis of research programs: separation-transmutation; feasibility of a deep geologic disposal (clay, granite); conditioning and storage (containers, storage and long-term behaviour); 5 - coordination: authorities, share of data, research programs; 6 - international collaborations; appendixes. (J.S.)

  20. Towards a reconstruction of the contributions of the Argentine experience to the development of International Human Rights Law: the voices of Claudia Fontes and Paula Bombara

    Directory of Open Access Journals (Sweden)

    Estefanía Giaccone

    2017-12-01

    Full Text Available In the present dissertation, we intend to relate and contrast the representations that emerge from legal and political-institutional discourses on the crime of forced disappearance of persons in the Argentinian historical experience. In this sense, we will analyze the representations of the crime of forced disappearance of persons in two artistic works: The Reconstruction of Pablo Miguez Portrait, Claudia Fontes’ sculpture, and The Sea and the Serpent, a novel by Paula Bombara, in order to read them into the perspective of law, with the jurisprudence and communications of international organizations that shape our unit of study.

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

    Directory of Open Access Journals (Sweden)

    Tuğba ASRAK HASDEMİR

    2016-12-01

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

  2. Mainstreaming Human Rights Education: What’s Radical About That?

    Directory of Open Access Journals (Sweden)

    Rosemary Ann Blanchard

    2016-02-01

    Full Text Available One of the most radical ways of teaching about universal human rights and international humanitarian law would be to teach about these fundamental internationally-recognized standards for humane interpersonal conduct to every child who enters school in the United States.  American illiteracy about human rights and humanitarian law standards contributes to the climate in which the United States preaches human rights to it's perceived opponents while refusing to apply universally recognized hr and ihl principles to itself. From the failure to incorporate into the American educational structure the cultural and linguistic rights of Indigenous peoples and ethnic, linguistic and religious minorities to the refusal to submit to the same standards of international humanitarian law which apply to all combatants, U.S. political and military leaders have been able to rely on the unfamiliarity of most Americans with the fundamental principles of human rights and international humanitarian law to insulate them from effective public scrutiny and meaningful challenge. This article describes efforts to mainstream human rights education at all levels of public education so it becomes a part of the educational experience of every child and, thus, part of the background of every adult. The risks of having HRE co-opted are dwarfed by the risks of having HRE sidelined.

  3. Educating for an Inclusive World: Lessons Learned from a Globally Networked Human Rights and Disability Course for Social Work and Law Students

    Science.gov (United States)

    Critelli, Filomena; Lewis, Laura; Méndez-López, Adalberto

    2017-01-01

    This article examines an innovative model of online international education regarding disability through a human rights perspective piloted through a collaboration between Universidad LaSalle, Mexico, and University at Buffalo, United States. The course is organized around a pressing global human rights and development issue. Its objective is to…

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

    Science.gov (United States)

    Lukenbill, W. Bernard; Lukenbill, James F.

    2007-01-01

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

  5. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

  6. 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.

  7. Contract Law in a Comparative Perspective

    OpenAIRE

    Suharnoko, -

    2012-01-01

    The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but th...

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

    Directory of Open Access Journals (Sweden)

    Anna Augustynowicz

    2018-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Steinar Fredriksen

    2015-07-01

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

  10. Do You Recognize This Parent?

    Science.gov (United States)

    Wallace, Edna

    1997-01-01

    Suggests effective ways to work with parents who may be permissive, busy, detached, overprotective, or negative. Recommends that child care professionals be sensitive and understanding, recognize other demands on parents' time and communicate competitively with them, use terms parents understand, accept various levels of parental involvement, be…

  11. Recognizing Prefixes in Scientific Quantities

    Science.gov (United States)

    Sokolowski, Andrzej

    2015-01-01

    Although recognizing prefixes in physical quantities is inherent for practitioners, it might not be inherent for students, who do not use prefixes in their everyday life experiences. This deficiency surfaces in AP Physics exams. For example, readers of an AP Physics exam reported "a common mistake of incorrectly converting nanometers to…

  12. Recognizing and Managing Interpersonal Conflict.

    Science.gov (United States)

    Deane, Nancy; Hovland, Michael

    1993-01-01

    Practical advice is offered, to managers and supervisors at any level, on recognizing and analyzing interpersonal conflicts, managing such conflicts and making them productive, and ensuring that performance reviews result in progress for both supervisor and employee. Conflict is seen as inevitable, an opportunity to take action, and manageable.…

  13. 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.

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

    OpenAIRE

    Mariya Riekkinen

    2016-01-01

    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 parti...

  15. Conservation Law Enforcement Program Standardization

    National Research Council Canada - National Science Library

    Rogers, Stan

    2004-01-01

    The ultimate goal of standardization is to develop a safe and effective program that is recognized within the USAF, DoD, and by other Federal and state law enforcement agencies, and the general public...

  16. Winning the War and Winning the Peace: Reconciling Occupation Law and the Small Wars Manual

    Science.gov (United States)

    2017-12-22

    human rights law, principles of democratization, and economic incentives to promote domestic security.54 Recognizing these challenges, the Security...from Marine expeditions to places such as the Philippines, Cuba, Haiti, Nicaragua, and the Dominican Republic. While many of the principles contained...and the Pacific. Moreover, an occupier’s legal obligations were enumerated in several treaties and principles of international law. According to

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

    NARCIS (Netherlands)

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

    2009-01-01

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

  18. Publicity in secured transactions law: Towards a European public notice filing system for non-possessory security rights in movable assets?

    NARCIS (Netherlands)

    Hamwijk, D.J.Y.

    2014-01-01

    There is a growing call to introduce a European public notice filing system for security rights in movable goods comparable to the notice filing system of Art. 9 UCC. A proposal to this effect has been adopted in Book IX DCFR, which represents a comprehensive framework of rules for proprietary

  19. Persona Grata - Bernard Vanheusden, Contemporary Issues in International Law, an Interview with Associate Professor of Environmental Law, Hasselt University

    OpenAIRE

    Gordeeva, Yelena M.

    2016-01-01

    An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights

  20. Globalization of public health law and ethics.

    Science.gov (United States)

    Sohn, Myongsei

    2012-09-01

    The Constitution of the World Health Organization (1946) states that the "enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social position." The international legal framework for this right was laid by the Universal Declaration of Human Rights (1948) and reaffirmed in the International Covenant on Economic, Social, and Cultural Rights (1966) and the Declaration of Alma-Ata (1978). In recent years, the framework has been developed on 10 key elements: national and international human rights, laws, norms, and standards; resource constraints and progressive realization; obligations of immediate effect; freedoms and entitlements; available, accessible, acceptable, and good quality; respect, protect, and fulfill; non-discrimination, equality, and vulnerability; active and informed participation; international assistance and cooperation; and monitoring and accountability. Whereas public health law plays an essential role in the protection and promotion of the right to health, the emergence of SARS (2003) highlighted the urgent need to reform national public health laws and international obligations relating to public health in order to meet the new realities of a globalized world, leading to the WHO Framework Convention on Tobacco Control (2003) and the revision of the WHO International Health Regulations (2005). The Asian Institute for Bioethics and Health Law, in conjunction with the Republic of Korea's Ministry of Health and Welfare and the WHO International Digest of Health Legislation, conducted a comparative legal analysis of national public health laws in various countries through a project entitled Domestic Profiles of Public/Population Health Legislation (2006), which underscored the importance of recognizing the political and social contexts of distinct legal cultures, including Western, Asian, Islamic, and African.

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

    Directory of Open Access Journals (Sweden)

    Janku Martin

    2015-12-01

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

  2. Quyen Duoc Gan Bo. Mot bai giang ve tam quan trong cua khai niem ‘huong’ trong Phap luat So sanh ve Xu huong Tinh duc [The right to relate. On the importance of "orientation" in comparative sexual orientation law

    NARCIS (Netherlands)

    Waaldijk, C.

    2013-01-01

    The right to establish and develop relationships with other human beings was first articulated - as an aspect of the right to respect for private life - by the European Commission of Human Rights in 1976. Since then such a right has been recognized in similar words by national and international

  3. Site planning for a final nuclear disposal site without rights of action? On the actual draft for a site selection law; Standortplanung fuer ein atomares Endlager ohne Klagerechte? Zum aktuellen Entwurf fuer ein Standortsuchgesetz

    Energy Technology Data Exchange (ETDEWEB)

    Wollenteit, Ulrich [Kanzlei Rechtsanwaelte Guenther, Hamburg (Germany)

    2013-05-15

    'Good' and 'substantial' grounds for determining the location of a Federal final repository by law are not apparent. The acceleration argument from the Stendal decision is not available. The legitimacy argument provides no substantial reason for believing that the implementation of an administrative planning permission hearing or approval procedure is associated with significant disadvantages for the common weal. Thus, there is no justifiable reason for a reduction of legal protection. However, the fundamental right to legal protection guarantee requires that the expropriation may be examined comprehensively on its legality in factual and legal relationship by means of the judiciary power.

  4. Human Rights, History of

    NARCIS (Netherlands)

    de Baets, Antoon; Wright, James

    2015-01-01

    In this article, six basic debates about human rights are clarified from a historical perspective: the origin of human rights as moral rights connected to the natural law doctrine and opposed to positive rights; the wave of criticism of their abstract and absolute character by nineteenth-century

  5. Recognizing Body Dysmorphic Disorder (Dysmorphophobia)

    Science.gov (United States)

    Varma, Anukriti; Rastogi, Rajesh

    2015-01-01

    Dysmorphophobia is a psychiatric condition which frequently presents in the clinics of dermatologists and plastic surgeons. This disorder (also called body dysmorphic disorder) is troublesome to the patient whilst being confusing for the doctor. This commonly undiagnosed condition can be detected by a few simple steps. Timely referral to a psychiatrist benefits most patients suffering from it. This article describes with a case vignette, how to recognize body dysmorphic disorder presenting in the dermatological or aesthetic surgery set up. Diagnostic criteria, eitiology, approach to patient, management strategy and when to refer are important learning points. The importance of recognizing this disorder timely and referring the patient to the psychiatrist for appropriate treatment is crucial. This article covers all aspects of body dysmorphic disorder relevant to dermatologists and plastic surgeons and hopes to be useful in a better understanding of this disorder. PMID:26644741

  6. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

  7. Law of 22 April 2005 on patients' rights and the end of life in France: setting the boundaries of euthanasia, with regard to current legislation in other European countries.

    Science.gov (United States)

    Clin, Bénédicte; Ophélie, Ferrant

    2010-10-01

    The term 'euthanasia' is not clearly defined. Euthanasia is evoked in many aspects of terminal care: interruption of curative treatment at the end of life, palliative care or the act of deliberately provoking death through compassion. A law on 'patients' rights and the end of life', promulgated in France on 22 April 2005, led to changes in the French Code of Public Health. In this work, we have first outlined the key provisions of this law and the changes it has brought, then we have compared current legislation on the subject throughout Europe, where a rapid overview of current practice in terminal patient care revealed four different types of legislation: the first authorizes euthanasia (in the sense of provoking death, if this choice is medically justified), the second legalizes 'assisted suicide', the third, which is sometimes referred to as 'passive euthanasia', consists of the non-administration of life-sustaining treatment and, finally, the fourth prohibits euthanasia in any form whatsoever. In the last section, we have attempted to clarify the as yet indistinct notion of 'euthanasia' in order to determine whether the conception of terminal care in the Law of 22 April 2005 was consistent with that put forward by the philosopher Francis Bacon, who claimed that, 'The physician's role is to relieve pain, not only when such relief can lead to healing, but also when it can proffer a calm and trouble-free death, thus putting an end to the suffering and the agony of death' (modern adaptation of the original quote).

  8. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  9. Civil law

    NARCIS (Netherlands)

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

    2014-01-01

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

  10. Right-to-try laws and individual patient "compassionate use" of experimental oncology medications: A call for improved provider-patient communication.

    Science.gov (United States)

    Hoerger, Michael

    2016-01-01

    The U.S. Food and Drug Administration's Expanded Access program allows patients with life-threatening diagnoses, such as advanced cancer, to use experimental medications without participating in clinical research (colloquially, "Compassionate Use"). Sixteen U.S. states recently passed "right-to-try" legislation aimed at promoting Expanded Access. Acknowledging popular support, Expanded Access could undermine clinical trials that benefit public health. Moreover, existing norms in oncologic care, for example, often lead patients to pursue intense treatments near the end of life, at the expense of palliation, and improved communication about the risks and benefits of Expanded Access would more often discourage its use.

  11. Dilemma of concepts and strategies for the prevention of spread of HIV in relation to human behavior, law and human rights

    Science.gov (United States)

    Dennin, Reinhard H.; Lafrenz, Michael; Sinn, Arndt; Li, Lan-juan

    2011-01-01

    The new prevalence data regarding the estimated global number of human immunodeficiency virus positive (HIV+) cases, i.e., including people who are either aware or unaware of their HIV infection in 2010, lead many to wonder why the increase in incidence has reached today’s unprecedented level and escalated within such a short time. This, in spite of prevention campaigns in countries affected by HIV/acquired immune deficiency syndrome (AIDS) with their urgent messages aimed at preventing HIV transmission by promoting changes in individual’s behavior. This article analyzes the background of the prevention strategies, in particular their political, social and legal concepts in terms of human rights, and reveals traits of human behavior not considered thus far. A radical reappraisal is necessary, at social and legislative levels, as well as options additional to current concepts. When ethical issues come up, they become blamed for outmoded moralistic positions. However, ignoring the reality has led to dire consequences from prioritizing individual human rights over society’s collective need to prevent the spread of HIV. PMID:21726067

  12. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  13. A Comparative View of Equality Under the UN Convention on the Rights of PERSONS with Disabilities and the Disability Laws of the United States and Canada

    Directory of Open Access Journals (Sweden)

    Arlene S Kanter

    2015-10-01

    Full Text Available In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities [CRPD], the first international treaty addressing specifically the rights of people with disabilities, including in the workplace.  The purpose of the CRPD is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity....” The CRPD has been ratified by 160 countries, including Canada, but not yet by the United States. Article 27 of the CRPD, entitled Work and Employment, prohibits not only discrimination against people with disabilities in employment, but also the right of people with disabilities to reasonable accommodations, equal remuneration for work of equal value, safe and healthy working conditions,  assistance in finding, obtaining, maintaining and returning to employment,  rehabilitation, job retention and return-to-work programmes,  as well as affirmative action programmes, incentives and other measures to promote equal employment opportunities. As compared to the Americans with Disabilities Act and the Canadian Charter, the CRPD, therefore, goes beyond prohibiting discrimination and instead seeks to ensure greater substantive equality for people with disabilities in the workplace.  As such, the author proposes that both US and Canadian legislatures and courts should look to the CRPD to help their respective countries move beyond traditional notions of formal equality towards a new right to substantive equality in the workplace for people with disabilities. En 2006, les Nations Unies ont adopté la Convention relative aux droits des personnes handicapées [CDPH], le premier traité international portant explicitement sur les droits des personnes handicapées, y compris les droits dans le milieu de travail. La CDPH a pour objet de « promouvoir, protéger et assurer la pleine et égale jouissance de tous

  14. Upholding pregnant women's right to life.

    Science.gov (United States)

    Cook, Rebecca J; Dickens, Bernard M

    2012-04-01

    Recent decisions of the Committee on the Elimination of Discrimination against Women (CEDAW), the Inter-American Court of Human Rights, and the High Court of Delhi have shown how the pregnancy-related deaths of individual women have been bases on which these authoritative tribunals have held Brazil, Paraguay, and India respectively accountable for avoidable maternal mortality not only in these cases, but also among their populations more generally. The right to life is the most fundamental of women's human rights, recognized in international human rights treaties and national laws. Failure of governments to apply their resources adequately to address, respect, and protect this right violates the law of human rights. These cases show, however, that governments may fail to allocate adequate resources to women's survival of pregnancy. Tribunals can build on the failures in individual cases to set standards of performance to which governments will legally be held to achieve safe motherhood. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  15. Antarctic skuas recognize individual humans.

    Science.gov (United States)

    Lee, Won Young; Han, Yeong-Deok; Lee, Sang-Im; Jablonski, Piotr G; Jung, Jin-Woo; Kim, Jeong-Hoon

    2016-07-01

    Recent findings report that wild animals can recognize individual humans. To explain how the animals distinguish humans, two hypotheses are proposed. The high cognitive abilities hypothesis implies that pre-existing high intelligence enabled animals to acquire such abilities. The pre-exposure to stimuli hypothesis suggests that frequent encounters with humans promote the acquisition of discriminatory abilities in these species. Here, we examine individual human recognition abilities in a wild Antarctic species, the brown skua (Stercorarius antarcticus), which lives away from typical human settlements and was only recently exposed to humans due to activities at Antarctic stations. We found that, as nest visits were repeated, the skua parents responded at further distances and were more likely to attack the nest intruder. Also, we demonstrated that seven out of seven breeding pairs of skuas selectively responded to a human nest intruder with aggression and ignored a neutral human who had not previously approached the nest. The results indicate that Antarctic skuas, a species that typically inhabited in human-free areas, are able to recognize individual humans who disturbed their nests. Our findings generally support the high cognitive abilities hypothesis, but this ability can be acquired during a relatively short period in the life of an individual as a result of interactions between individual birds and humans.

  16. Cuando los derechos son la jaula. Trasplante rígido del soft law para la gestión del desplazamiento forzado When Rights are the Cage. The Rigid Transplant of Soft Law for the Management of Forced Displacement

    Directory of Open Access Journals (Sweden)

    Beatriz Eugenia Sánchez Mojica

    2009-07-01

    Full Text Available La propuesta que se ha elaborado en el seno de Naciones Unidas para la atención de los desplazados internos ha sido presentada como un mecanismo de protección a este colectivo tan vulnerable. El alivio de su sufrimiento, así como la guarda de su dignidad, constituyen -de acuerdo con sus creadores- la piedra angular del sistema que se ha preparado para su atención. Pese al discurso oficial, la autora sostiene que este modelo no tiene como objetivo final la guarda del bienestar de quienes se ven obligados a desplazarse, sino la contención de su éxodo dentro de las fronteras de los Estados en los que se han originado. La atención que ofrece, incluso los derechos que consagra, son meros instrumentos al servicio de la estabilidad y la seguridad de la comunidad internacional, para la cual los éxodos masivos transnacionales constituyen una poderosa amenaza. Por tanto la suerte de quienes huyen es sacrificable en aras de obtener el fin último que persigue todo el modelo. La política colombiana se ha inspirado en este modelo, lo que permite explicar sus limitaciones para ofrecer una protección integral a los desplazados.The proposal that was elaborated in the United Nations for attention to internally displaced persons has been presented as a mechanism of protection for this vulnerable group. The relief of its suffering, as well as the protection of its dignity constitute —in agreement with the proposal’s creators— the cornerstone of the system that has been prepared for their attention. Despite the official wording, the author maintains that this model does not have as a final objective the maintenance of the welfare of those who are obliged to displace, but the containment of their exodus inside the borders of the States in which they originate. The attention that the proposal offers, even the rights that it consecrates, is a mere instrument to the service of the stability and the security of the international community to which

  17. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  18. Language and the Law.

    Science.gov (United States)

    Gibbons, John

    1999-01-01

    Discusses the language of law and its general interest to the field of applied linguistics. Specific focus is on legal language, the problems and remedies of legal communication (e.g., language and disadvantage before the law, improving legal communication) the legislation of language (e.g., language rights, language crimes), and forensic…

  19. Law, Democracy & Development

    African Journals Online (AJOL)

    The evolution and implementation of democracy, good governance practices, human rights and socio-economic development are critical issues facing South Africa and Africa as a whole. Law interacts with this process in ways that may promote or inhibit it. Law, Democracy & Development addresses this interaction. Our aim ...

  20. Abortion law reform in Nepal.

    Science.gov (United States)

    Upreti, Melissa

    2014-08-01

    Across four decades of political and social action, Nepal changed from a country strongly enforcing oppressive abortion restrictions, causing many poor women's long imprisonment and high rates of abortion-related maternal mortality, into a modern democracy with a liberal abortion law. The medical and public health communities supported women's rights activists in invoking legal principles of equality and non-discrimination as a basis for change. Legislative reform of the criminal ban in 2002 and the adoption of an Interim Constitution recognizing women's reproductive rights as fundamental rights in 2007 inspired the Supreme Court in 2009 to rule that denial of women's access to abortion services because of poverty violated their constitutional rights. The government must now provide services under criteria for access without charge, and services must be decentralized to promote equitable access. A strong legal foundation now exists for progress in social justice to broaden abortion access and reduce abortion stigma. Copyright © 2014 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  1. The human right to migration and emerging intercultural citizenships

    OpenAIRE

    Vior, Eduardo J.; Bonilla, Alcira B.

    2012-01-01

    Despite its widespread application, the human right to migration proclaimed by Law No. 25.871 (2004) poses a legitimacy problem for the Argentinian state, since it means the state has recognized that people’s right to settle wherever they like is superior to the State’s right to regulate entry. In addition, the birth of a second, citizen generation leads immigrant communities to exercise their political powers. The experience from 19th century shows however how the States and social majoritie...

  2. 论侵害债权行为的刑法规制%Criminal Law Regulations on Behavior of Creditor’s Rights Infringement

    Institute of Scientific and Technical Information of China (English)

    聂立泽; 高猛

    2015-01-01

    The creditor has the rights of asking a specific subject to perform a specific behavior. Mithout a standard of estimating the specific value of the creditor’s rights,they cannot become the target of behavior for the crime of amount. Disposition behavior is the element of property crimes of delivery type rather than a must for property crime of the seizing type. The behavior of killing the creditor for refusing to pay off debts should be regarded as robbery;the behavior of picking up a bank card and then withdrawing money illegally for consumption is an infringement on another person’s benefits and should be considered the fraud of credit card. The act of stealing a registered claim voucher and taking away the recorded properties is a fraud of properties. The list can go on and we should make regu-lations for the crimes concerned.%要求特定主体履行特定行为是债权的内容,缺乏估量债权具体价值的标准,则债权难以成为数额犯的行为对象。处分行为是交付型财产犯罪构成要件要素,而非夺取型财产犯罪所必须。行为人为不履行债务杀害债权人的行为应当定性为抢劫罪;捡拾银行卡并在机器上取款、消费的行为是对他人债权利益的侵害,符合信用卡诈骗罪的犯罪构成。盗窃记名债权凭证,支取债权凭证所记载的财物的行为,成立诈骗型财产犯罪。盗窃债权凭证虽未支取,但造成失主无法挽回损失,可成立盗窃罪,不可一概作为故意毁坏财物罪处理。消极债权侵害行为(故意不履行债务、迟延履行债务的行为)能否认定为犯罪,应当根据行为人主观意志的明确程度、欠款金额、欠款性质以及行为的社会危害程度进行认定。无钱食宿的情形可认定为合同诈骗罪,而不宜一概做非犯罪化处理。

  3. History of establishment of scientific technology law focused on exchanges of Korea, China and Japan

    International Nuclear Information System (INIS)

    Lee, Gyeong Hui

    1990-10-01

    This book introduces science and technology promotion related law, industrial technology related law, resources and energy related law, nuclear energy related law, information and communication related law, intellectual property right related law, and environment related law. It explains process of development of 7 laws in threes countries and relations of three countries exchanges. It also covers special law for science and technology innovation, electric utility law, petroleum enterprise law, telecommunication related law, law of settlement of digital divide, and information-oriented law.

  4. Consumer rights and protections

    Science.gov (United States)

    ... care consumer rights; Rights of the health care consumer ... RIGHTS AND PROTECTIONS Here are ways that the health care law protects consumers. You must be covered, even if you have a pre-existing condition. No insurance plan can reject you, ...

  5. Recognizing misleading pharmaceutical marketing online.

    Science.gov (United States)

    De Freitas, Julian; Falls, Brian A; Haque, Omar S; Bursztajn, Harold J

    2014-01-01

    In light of decision-making psychology, this article details how drug marketing operates across established and novel web domains and identifies some common misleading trends and influences on prescribing and patient-initiated medication requests. The Internet has allowed pharmaceutical marketing to become more salient than ever before. Although the Internet's growth has improved the dissemination of pharmaceutical information, it has also led to the increased influence of misleading pharmaceutical marketing. Such mismarketing is of concern, especially in psychiatry, since psychotropics generate considerable revenue for drug companies. In a climate of resource-limited drug regulation and time-strapped physicians, we recommend improving both independent monitoring and consumer awareness of Internet-enabled, potentially misleading, pharmaceutical marketing influences. © 2014 American Academy of Psychiatry and the Law.

  6. Law before Gratian

    DEFF Research Database (Denmark)

    This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

  7. Animal Protection in the Lands of Pacha Mama: The Insufficiency of the Proposed Law Organic Animal Welfare in Ecuador

    Directory of Open Access Journals (Sweden)

    José Carlos Machado Júnior

    2016-12-01

    Full Text Available Considering that the Pacha Mama is subject of right in the Ecuadorian Constitution, this project analyzes the rights of animals in Ecuador according to its Civil Code and its proposal for the Animal Welfare Act. For comparison purposes the laws of other countries that recognize the sentience of animals are quoted. The conclusion is that despite the paradigm of the Andean constitutionalism, Equatorian animals are legally considered things, a reality that will not change if approved the Law of Animal Welfare. The deductive method is used with bibliographic research and analysis of foreign law.

  8. Contract Law in a Comparative Perspective

    Directory of Open Access Journals (Sweden)

    - Suharnoko

    2012-05-01

    Full Text Available The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but they have not recognized pre contractual liability and have not applied the doctrine of unjustified enrichment in disputes regarding illegal contract. As practical matter, the integration clause under common law system stipulated in contract governed by Indonesian law, whereas Internasional Convention on Sale of Good regarding this issue adopts civil law system.

  9. Law and Politics, an Emerging Epidemic: A Call for Evidence-Based Public Health Law.

    Science.gov (United States)

    Ulrich, Michael R

    2016-05-01

    As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be placed on the hysteria that accompanies emergencies. Indeed, these examples merely illustrate an unfortunate array of examples where empirical evidence is ignored in the hopes of quelling paranoia. These policy approaches are not only constitutionally questionable, they generate their own risk to public health. The ability of the law to jeopardize public health approaches to infectious disease control can, and should, be limited through a renewed emphasis on science as the foundation of public health, coordination through all levels and branches of government, and through a serious commitment by the judiciary to provide oversight. Infectious disease creates public anxiety, but this cannot justify unwarranted dogmatic approaches as a response. If we as a society hope to ensure efficient, constitutional control over the spread of disease, it is imperative that science take its rightful place at the forefront of governmental decision-making and judicial review. Otherwise, the law becomes its own public health threat.

  10. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

    Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

  11. Las bases y fundamentos del derecho indigena del pueblo maya de Guatemala (The Foundations and Principles of Indigenous Rights of the Maya People of Guatemala).

    Science.gov (United States)

    Tovar, Marcela; Chavajay, Miriam

    2000-01-01

    The Guatemalan peace accord recognizes the institutions and local authorities of indigenous peoples, as well as their customs, common lands, and the "customary right" (common law) that structures intracommunity relations. However, it is difficult to define "customary right" and its applications and limits. A systematic study of…

  12. Case law

    International Nuclear Information System (INIS)

    Anon.

    2002-01-01

    Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

  13. Right patient, Right blood

    DEFF Research Database (Denmark)

    Selberg, Hanne; Madsen, Trine Stougaard

    2014-01-01

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

  14. 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.

  15. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

    Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

  16. The Civil Rights Act of 1991: From Conciliation to Litigation-- How Congress Delegates Lawmaking to the Courts

    Science.gov (United States)

    1993-04-01

    instead of attacking the causes. The 1991 Act is a law of stratification that encourages racism , sexism , and litigation to further individual goals and...30 D. What About Those Statistics ? ............................ 31 E. Race Norming - The Dos and Don’ts of Test Scores...in Title VII to recognize group rights through a "disparate impact" theory of discrimination. In Griggs v. Duke Power Co.,` the Court recognized that

  17. Rethinking Ethiopian Secured Transactions Law through ...

    African Journals Online (AJOL)

    Various countries have reformed their secured transaction laws recognizing the significance of modern secured transactions law in enhancing access to credit and economic development. Ethiopia has not undertaken comprehensive secured transactions law reform, despite the demonstrable mismatch between the legal ...

  18. International Treaties Tax Law in Brazilian Law

    Directory of Open Access Journals (Sweden)

    Milena Zampieri Sellmann

    2016-06-01

    Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

  19. Is the UN Convention on the Rights of Persons with Disabilities Impacting Mental Health Laws and Policies in High-Income Countries? A Case Study of Implementation in Canada.

    Science.gov (United States)

    Hoffman, Steven J; Sritharan, Lathika; Tejpar, Ali

    2016-11-11

    Persons with psychosocial disabilities face disparate access to healthcare and social services worldwide, along with systemic discrimination, structural inequalities, and widespread human rights abuses. Accordingly, many people have looked to international human rights law to help address mental health challenges. On December 13, 2006, the United Nations formally adopted the Convention on the Rights of Persons with Disabilities (CRPD) - the first human rights treaty of the 21st century and the fastest ever negotiated. This study assesses the CRPD's potential impact on mental health systems and presents a legal and public policy analysis of its implementation in one high-income country: Canada. As part of this analysis, a critical review was undertaken of the CRPD's implementation in Canadian legislation, public policy, and jurisprudence related to mental health. While the Convention is clearly an important step forward, there remains a divide, even in Canada, between the Convention's goals and the experiences of Canadians with disabilities. Its implementation is perhaps hindered most by Canada's reservations to Article 12 of the CRPD on legal capacity for persons with psychosocial disabilities. The overseeing CRPD Committee has stated that Article 12 only permits "supported decision-making" regimes, yet most Canadian jurisdictions maintain their "substitute decision-making" regimes. This means that many Canadians with mental health challenges continue to be denied legal capacity to make decisions related to their healthcare, housing, and finances. But changes are afoot: new legislation has been introduced in different jurisdictions across the country, and recent court decisions have started to push policymakers in this direction. Despite the lack of explicit implementation, the CRPD has helped to facilitate a larger shift in social and cultural paradigms of mental health and disability in Canada. But ratification and passive implementation are not enough. Further

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

    African Journals Online (AJOL)

    Undoubtedly, global and regional human rights instruments clearly entrench the right to an effective remedy for a human rights violation. The substantive nature of the right to an effective remedy makes it relevant to the realisation of the right to equality as well as the right to equal protection under the law. Cameroon, as a ...

  1. The hamas government should recognized

    NARCIS (Netherlands)

    Reinhart, T.

    2006-01-01

    In a just and well-ordered world, it would be unthinkable for a government that was elected in this way to be disqualified because Israel does not like the choice of the electorate in question. But in a world in which the U.S. rules, might is right, and might can define democracy as it chooses. Thus

  2. The human right to water: the importance of domestic and productive water rights.

    Science.gov (United States)

    Hall, Ralph P; Van Koppen, Barbara; Van Houweling, Emily

    2014-12-01

    The United Nations (UN) Universal Declaration of Human Rights engenders important state commitments to respect, fulfill, and protect a broad range of socio-economic rights. In 2010, a milestone was reached when the UN General Assembly recognized the human right to safe and clean drinking water and sanitation. However, water plays an important role in realizing other human rights such as the right to food and livelihoods, and in realizing the Convention on the Elimination of All Forms of Discrimination against Women. These broader water-related rights have been recognized but have not yet been operationalized. This paper unravels these broader water-related rights in a more holistic interpretation of existing international human rights law. By focusing on an emerging approach to water services provision--known as 'domestic-plus' services--the paper argues how this approach operationalizes a comprehensive range of socio-economic rights in rural and peri-urban areas. Domestic-plus services provide water for domestic and productive uses around homesteads, which challenges the widespread practice in the public sector of planning and designing water infrastructure for a single-use. Evidence is presented to show that people in rural communities are already using their water supplies planned for domestic uses to support a wide range of productive activities. Domestic-plus services recognize and plan for these multiple-uses, while respecting the priority for clean and safe drinking water. The paper concludes that domestic-plus services operationalize the obligation to progressively fulfill a comprehensive range of indivisible socio-economic rights in rural and peri-urban areas.

  3. Legally Human? 'Novel Beings' and English Law.

    Science.gov (United States)

    Lawrence, David R; Brazier, Margaret

    2018-04-17

    Novel beings-intelligent, conscious life-forms sapient in the same way or greater than are human beings-are no longer the preserve of science fiction. Through technologies such as artificial general intelligence, synthetic genomics, gene printing, cognitive enhancement, advanced neuroscience, and more, they are becoming ever more likely and by some definitions may already be emerging. Consideration of the nature of intelligent, conscious novel beings such as those that may result from these technologies requires analysis of the concept of the 'reasonable creature in being' in English law, as well as of the right to life as founded in the European Convention on Human Rights and the attempts to endow human status on animals in recent years. Our exploration of these issues leads us to conclude that there is a strong case to recognize such 'novel' beings as entitled to the same fundamental rights to life, freedom from inhumane treatment, and liberty as we are.

  4. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

    International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

  5. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

  6. Knowledge about childhood autism and opinion among healthcare workers on availability of facilities and law caring for the needs and rights of children with childhood autism and other developmental disorders in Nigeria

    Directory of Open Access Journals (Sweden)

    Igwe Monday N

    2009-02-01

    Full Text Available Abstract Background In designing programs to raise the community level of awareness about childhood autism in sub-Saharan Africa, it is logical to use the primary healthcare workers as contact point for education of the general public. Tertiary healthcare workers could play the role of trainers on childhood autism at primary healthcare level. Assessing their baseline knowledge about childhood autism to detect areas of knowledge gap is an essential ingredient in starting off such programs that would be aimed at early diagnosis and interventions. Knowledge of the healthcare workers on availability of facilities and law that would promote the required interventions is also important. This study assessed the baseline knowledge about childhood autism and opinion among Nigerian healthcare workers on availability of facilities and law caring for the needs and rights of children with childhood autism and other developmental disorders. Method A total of one hundred and thirty four (134 consented healthcare workers working in tertiary healthcare facilities located in south east and south-south regions of Nigeria were interviewed with Socio-demographic, Knowledge about Childhood Autism among Health Workers (KCAHW and Opinion on availability of Facilities and Law caring for the needs and rights of children with Childhood Autism and other developmental disorders (OFLCA questionnaires. Results The total mean score of participated healthcare workers on KCAHW questionnaire was 12.35 ± 4.40 out of a total score of 19 possible. Knowledge gap was found to be higher in domain 3 (symptoms of obsessive and repetitive pattern of behavior, followed by domains 1 (symptoms of impairments in social interaction, 4 (type of disorder autism is and associated co-morbidity and 2 (symptoms of communication impairments of KCAHW respectively among the healthcare workers. Knowledge about childhood autism (KCA as measured by scores on KCAHW questionnaire was significantly

  7. Knowledge about childhood autism and opinion among healthcare workers on availability of facilities and law caring for the needs and rights of children with childhood autism and other developmental disorders in Nigeria.

    Science.gov (United States)

    Bakare, Muideen O; Ebigbo, Peter O; Agomoh, Ahamefule O; Eaton, Julian; Onyeama, Gabriel M; Okonkwo, Kevin O; Onwukwe, Jojo U; Igwe, Monday N; Orovwigho, Andrew O; Aguocha, Chinyere M

    2009-02-12

    In designing programs to raise the community level of awareness about childhood autism in sub-Saharan Africa, it is logical to use the primary healthcare workers as contact point for education of the general public. Tertiary healthcare workers could play the role of trainers on childhood autism at primary healthcare level. Assessing their baseline knowledge about childhood autism to detect areas of knowledge gap is an essential ingredient in starting off such programs that would be aimed at early diagnosis and interventions. Knowledge of the healthcare workers on availability of facilities and law that would promote the required interventions is also important. This study assessed the baseline knowledge about childhood autism and opinion among Nigerian healthcare workers on availability of facilities and law caring for the needs and rights of children with childhood autism and other developmental disorders. A total of one hundred and thirty four (134) consented healthcare workers working in tertiary healthcare facilities located in south east and south-south regions of Nigeria were interviewed with Socio-demographic, Knowledge about Childhood Autism among Health Workers (KCAHW) and Opinion on availability of Facilities and Law caring for the needs and rights of children with Childhood Autism and other developmental disorders (OFLCA) questionnaires. The total mean score of participated healthcare workers on KCAHW questionnaire was 12.35 +/- 4.40 out of a total score of 19 possible. Knowledge gap was found to be higher in domain 3 (symptoms of obsessive and repetitive pattern of behavior), followed by domains 1 (symptoms of impairments in social interaction), 4 (type of disorder autism is and associated co-morbidity) and 2 (symptoms of communication impairments) of KCAHW respectively among the healthcare workers. Knowledge about childhood autism (KCA) as measured by scores on KCAHW questionnaire was significantly associated with age group distribution of the

  8. Producing and Recognizing Analogical Relations

    Science.gov (United States)

    Lipkens, Regina; Hayes, Steven C

    2009-01-01

    Analogical reasoning is an important component of intelligent behavior, and a key test of any approach to human language and cognition. Only a limited amount of empirical work has been conducted from a behavior analytic point of view, most of that within Relational Frame Theory (RFT), which views analogy as a matter of deriving relations among relations. The present series of four studies expands previous work by exploring the applicability of this model of analogy to topography-based rather than merely selection-based responses and by extending the work into additional relations, including nonsymmetrical ones. In each of the four studies participants pretrained in contextual control over nonarbitrary stimulus relations of sameness and opposition, or of sameness, smaller than, and larger than, learned arbitrary stimulus relations in the presence of these relational cues and derived analogies involving directly trained relations and derived relations of mutual and combinatorial entailment, measured using a variety of productive and selection-based measures. In Experiment 1 participants successfully recognized analogies among stimulus networks containing same and opposite relations; in Experiment 2 analogy was successfully used to extend derived relations to pairs of novel stimuli; in Experiment 3 the procedure used in Experiment 1 was extended to nonsymmetrical comparative relations; in Experiment 4 the procedure used in Experiment 2 was extended to nonsymmetrical comparative relations. Although not every participant showed the effects predicted, overall the procedures occasioned relational responses consistent with an RFT account that have not yet been demonstrated in a behavior-analytic laboratory setting, including productive responding on the basis of analogies. PMID:19230515

  9. Pragmatic Challenges to Human Rights

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2007-01-01

    Pragmatism offers a platform for posing relevant questions. This article uses a pragmatic point of departure to question a natural law conception of human rights and to take a closer look at three pressing human rights problems: The human rights situation in states with little or no state capacity......; the revision and adaptation of human rights law; and the not straightforward relationship betweemn human rights and democracy....

  10. The right to water in the Netherlands, a story on a Ruling of one Court that challenged a questionalble tradition

    NARCIS (Netherlands)

    mr.dr. Bart F.W. Wernaart

    2010-01-01

    After decades of rejection of direct applicability of Article 11 ICESCR, recognizing among other things the human right to food including water, a District Court in the Netherlands ruled in June 2008 that the provision can be invoked in a court of law. The decision was inspired by a presumed change

  11. Law, Marxism and Method

    Directory of Open Access Journals (Sweden)

    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.

  12. Patent Law for Computer Scientists

    Science.gov (United States)

    Closa, Daniel; Gardiner, Alex; Giemsa, Falk; Machek, Jörg

    More than five centuries ago the first patent statute was passed by the Venetian senate. It already had most of the features of modern patent law, recognizing the public interest in innovation and granting exclusive right in exchange for a full disclosure. Some 350 years later the industrial revolution led to globalisation. The wish to protect intellectual property on a more international level evolved and supranational treaties were negotiated. Patent laws are still different in many countries, however, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices. The procedures at the USPTO, JPO and EPO and, in particular, the differences in the treatment of applications centring on software are briefly explained. In later sections of this book, a wealth of examples will be presented. The methodology behind the treatment of these examples is explained.

  13. Defining minors' abortion rights.

    Science.gov (United States)

    Rhodes, A M

    1988-01-01

    The right to abortion is confirmed in the Roe versus Wade case, by the US Supreme Court. It is a fundamental right of privacy but not an absolute right, and must consider state interests. During the first trimester of pregnancy abortion is a decision of the woman and her doctor. During the second trimester of pregnancy the state may control the abortion practice to protect the mothers health, and in the last trimester, it may prohibit abortion, except in cases where the mother's life or health are in danger. The states enacted laws, including one that required parents to give written consent for a unmarried minor's abortion. This law was struck down by the US Court, but laws on notification were upheld as long as there was alternative procedures where the minor's interests are upheld. Many of these law have been challenged successfully, where the minor was judged mature and where it served her best interests. The state must enact laws on parental notification that take into consideration basic rights of the minor woman. Health professionals and workers should be aware of these laws and should encourage the minor to let parents in on the decision making process where possible.

  14. CIVIL RIGHTS AND MINORITIES.

    Science.gov (United States)

    HARTMAN, PAUL

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

  15. A Human Rights Glossary.

    Science.gov (United States)

    Flowers, Nancy

    1998-01-01

    Presents a human rights glossary that includes definitions of basic terms, treaties, charters, and groups/organizations that have been featured in previous articles in this edition of "Update on Law-Related Education"; the human rights terms have been compiled as part of the celebration of the Universal Declaration of Human Rights…

  16. Critical Theory of Human Rights

    NARCIS (Netherlands)

    Rensmann, Lars; Thompson, Michael J.

    2017-01-01

    International human rights have become an important global norm that has increasingly been incorporated into international law and global conventions. Human rights are a key reference point of mobilizations by diverse groups and international nongovernmental organization (INGOs) in global publics

  17. Labour Law in Denmark

    DEFF Research Database (Denmark)

    Hasselbalch, Ole

    . Sources of Labour Law Chapter 6. International Private Labour Law – Conflicts of Law Selected Bibliography Part I. The Individual Employment Relation Chapter 1. Definitions and Concepts Chapter 2. Rights and Duties of the Parties during Employment Chapter 3. Working Time, Annual Holidays, Public Holidays...... Falling on a Normal Working Day and Leave Schemes Chapter 4. Remuneration and Benefits Chapter 5. Incapacity to Work Chapter 6. Job Security Chapter 7. Protection of Certain Categories of Employee and against Discrimination in Employment Chapter 8. Covenants of Non-competition and Non-solicitation Chapter....... Strikes, Lock-outs and Other Legal Forms of Industrial Action Chapter 6. Settlement of Industrial Disputes of Interest and Protection of Vital Needs Chapter 7. Disputes of Rights Introductory Remarks Part I. Implementation into National Law Chapter 1. Legal Sources Chapter 2. Objective and Scope Chapter 3...

  18. Environmental law

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1989-01-01

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

  19. The girl child and law.

    Science.gov (United States)

    Jain, A

    1995-01-01

    This article discusses the flaws in India's legislation dealing with female children and equality, marriage age, rape, adoption, child care, and inheritance. India's national policies treat children as commodities and not human beings with their own rights. The best interests of a child are not generally served in a manner that advances their welfare. Exploitation of children for labor and sexual abuse of children is widespread. Only some children have such basic needs met as education, nutrition, food, health, clothing, shelter. Children are defined by the UN as human beings below the age of 18 years. However, in India the Constitution protects only children younger than 14 in employment. The prostitution act protects children younger than 16. The juvenile justice protects girls under the age of 18 years and boys under the age of 16 years. Hindus recognize inheritance of family property only for sons. This custom contributes to the abortion of female fetuses. The practice of equal protection under the law has enough loopholes to safeguard the interests of masculine patriarchal values, norms, and structure. The Act of Marriage does not deal directly with the issue of validity and only recommends a suitable age of marriage. Women can seek divorce on the grounds she was too young to marry only if the marriage occurred before the age of 15 years. Sexual intercourse with a woman under 16 years old is rape, with or without her consent. However, in practice men receive a lesser punishment for rape if the woman is his own wife and not under 12 years of age. The rape must be reported within a year of its occurrence. India's laws penalize the adults involved in child marriages, but the Hindu Marriage Act punishes only the parties married, including the child. Marriage registration is not compulsory. India's protective laws distinguish between prostitutes and men who use prostitutes, husbands versus wives in fidelity disputes, married versus unmarried or "unchaste" women

  20. Einstein was right!

    CERN Document Server

    Hess, Karl

    2014-01-01

    All modern books on Einstein emphasize the genius of his relativity theory and the corresponding corrections and extensions of the ancient space-time concept. However, Einstein's opposition to the use of probability in the laws of nature and particularly in the laws of quantum mechanics is criticized and often portrayed as outdated. The author of Einstein Was Right! takes a unique view and shows that Einstein created a ""Trojan horse"" ready to unleash forces against the use of probability as a basis for the laws of nature. Einstein warned that the use of probability would, in the final analys

  1. MEDICAL LAW AND ETHICS

    OpenAIRE

    Sunčica Ivanović; Čedomirka Stanojević; Slađana Jajić; Ana Vila; Svetlana Nikolić

    2013-01-01

    The subject of interest in this article is the importance of knowing and connecting medical ethics and medical law for the category of health workers. The author believes that knowledge of bioethics which as a discipline deals with the study of ethical issues and health care law as a legal discipline, as well as medical activity in general, result in the awareness of health professionals of human rights, and since the performance of activities of health workers is almost always linked...

  2. Changes in environmental law

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics. (orig.) [de

  3. Environmental law in change

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    This study describes the process of change of environmental protection law taking place during an ecological crisis and unter the increasing pressure of the ecological movement. Special analyses refer to the reform of the licensing procedures and prodecures of dispute under environmental protection law today being in the focus of juridical discussion. Furthermore they refer to the juridical implementation of the fundamental right of life in an unspoiled and healthy environment. The volume ends with a study on ''Nuclear energy, law and justice'', - a subject being topical and important for its broad political consequences on environment, energy and economy. (orig.) [de

  4. Law, Literature and Society

    Directory of Open Access Journals (Sweden)

    Ursula Miranda Bahiense de Lyra

    2016-06-01

    Full Text Available This research aims to highlight the importance of literature in critical thinking about the law, coupled with the search for the emergence of an autonomous political subject and as a possibility of materialization of a new right . This shall be used , bibliographic research , seeking at first discuss the historical background of the "Law and Literature Moviment " to later approach the thought of Michel Foucault , their ideas about power, the constitution subjectivity , the ethical dimension of the subject and the care of itself, the Aufklärung and its conception of this new law.

  5. Minors' rights in medical decision making.

    Science.gov (United States)

    Hickey, Kathryn

    2007-01-01

    In the past, minors were not considered legally capable of making medical decisions and were viewed as incompetent because of their age. The authority to consent or refuse treatment for a minor remained with a parent or guardian. This parental authority was derived from the constitutional right to privacy regarding family matters, common law rule, and a general presumption that parents or guardians will act in the best interest of their incompetent child. However, over the years, the courts have gradually recognized that children younger than 18 years who show maturity and competence deserve a voice in determining their course of medical treatment. This article will explore the rights and interests of minors, parents, and the state in medical decision making and will address implications for nursing administrators and leaders.

  6. Convergent ethical issues in HIV/AIDS, tuberculosis and malaria vaccine trials in Africa: Report from the WHO/UNAIDS African AIDS Vaccine Programme's Ethics, Law and Human Rights Collaborating Centre consultation, 10-11 February 2009, Durban, South Africa

    Directory of Open Access Journals (Sweden)

    Essack Zaynab

    2010-03-01

    Full Text Available Abstract Background Africa continues to bear a disproportionate share of the global HIV/AIDS, tuberculosis (TB and malaria burden. The development and distribution of safe, effective and affordable vaccines is critical to reduce these epidemics. However, conducting HIV/AIDS, TB, and/or malaria vaccine trials simultaneously in developing countries, or in populations affected by all three diseases, is likely to result in numerous ethical challenges. Methods In order to explore convergent ethical issues in HIV/AIDS, TB and malaria vaccine trials in Africa, the Ethics, Law and Human Rights Collaborating Centre of the WHO/UNAIDS African AIDS Vaccine Programme hosted a consultation on the Convergent Ethical Issues in HIV/AIDS, TB and Malaria Vaccine Trials in Africa in Durban, South Africa on the 10-11 February 2009. Results Key cross cutting ethical issues were prioritized during the consultation as community engagement; ancillary care obligations; care and treatment; informed consent; and resource sharing. Conclusion The consultation revealed that while there have been few attempts to find convergence on ethical issues between HIV/AIDS, TB and malaria vaccine trial fields to date, there is much common ground and scope for convergence work between stakeholders in the three fields.

  7. Convergent ethical issues in HIV/AIDS, tuberculosis and malaria vaccine trials in Africa: Report from the WHO/UNAIDS African AIDS Vaccine Programme's Ethics, Law and Human Rights Collaborating Centre consultation, 10-11 February 2009, Durban, South Africa.

    Science.gov (United States)

    Mamotte, Nicole; Wassenaar, Douglas; Koen, Jennifer; Essack, Zaynab

    2010-03-09

    Africa continues to bear a disproportionate share of the global HIV/AIDS, tuberculosis (TB) and malaria burden. The development and distribution of safe, effective and affordable vaccines is critical to reduce these epidemics. However, conducting HIV/AIDS, TB, and/or malaria vaccine trials simultaneously in developing countries, or in populations affected by all three diseases, is likely to result in numerous ethical challenges. In order to explore convergent ethical issues in HIV/AIDS, TB and malaria vaccine trials in Africa, the Ethics, Law and Human Rights Collaborating Centre of the WHO/UNAIDS African AIDS Vaccine Programme hosted a consultation on the Convergent Ethical Issues in HIV/AIDS, TB and Malaria Vaccine Trials in Africa in Durban, South Africa on the 10-11 February 2009. Key cross cutting ethical issues were prioritized during the consultation as community engagement; ancillary care obligations; care and treatment; informed consent; and resource sharing. The consultation revealed that while there have been few attempts to find convergence on ethical issues between HIV/AIDS, TB and malaria vaccine trial fields to date, there is much common ground and scope for convergence work between stakeholders in the three fields.

  8. Pollution law

    International Nuclear Information System (INIS)

    Triffterer, O.

    1980-01-01

    In the draft proposed by the legal advisory board the law for the controlling of environmental criminality was promulgated on 28th March 1980. The present commentary therefore - as seen from the results - corresponds in essential to the original assessment of the governmental draft. However, an introduction into the problems of environmental law precedes this commentary for the better unterstanding of all those not acquainted with pollution law and the whole legal matter. (orig./HP) [de

  9. Lindy's Law

    Science.gov (United States)

    Eliazar, Iddo

    2017-11-01

    Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.

  10. Communication rights: Fundamental human rights for all.

    Science.gov (United States)

    McLeod, Sharynne

    2018-02-01

    The right to communicate includes the right to "freedom of opinion and expression" and rights and freedoms "without distinction of … language". The 70th anniversary of the Universal Declaration of Human Rights is a time to celebrate and reflect on communication as a human right, particularly with respect to Article 19 and its relationship to national and international conventions, declarations, policies and practices. This review profiles articles from the special issue of International Journal of Speech-Language Pathology (volume 20, issue 1) addressing communication rights from four perspectives: (1) communication rights of all people; (2) communication rights of people with communication disabilities; (3) communication rights of children and (4) communication rights relating to language. Divergent perspectives from across the globe are considered. First-hand accounts of people whose right to communicate is compromised/upheld are included and perspectives are provided from people with expertise and advocacy roles in speech-language pathology, audiology, linguistics, education, media, literature and law, including members of the International Communication Project. Three steps are outlined to support communication rights: acknowledge people - adjust the communication style - take time to listen. Future advocacy for communication rights could be informed by replicating processes used to generate the Yogyakarta Principles.

  11. General considerations on the enforcement (application of law

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2016-06-01

    Full Text Available Law is a system of norms developed and/or recognized by the state as norms guiding human behaviour according to the values of that particular society, establishing rights and obligations, principles and definitions, structures and relationships of social organization and activity that must be obeyed and which, when necessary, are insured by the coercive force of the state. Thus, the development of this system of norms is not an end in itself, but is intended to regulate all social relations, guide human behaviours and achieve the aims of the law. The enforcement of law is the process of translating legal rules into practice, through which the subjects of law obey and execute legal norms, and state authorities apply them, depending on their competence. The enforcement of law depends on a number of factors that shape law, such as its natural framework of existence, the historical context and the ethnic and national particularities of that community’s development, the economic factor or framework, the framework and particularities of the political system, the cultural-ideological framework or factor, the international framework or factor, etc.

  12. Case law

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)

  13. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  14. 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

  15. TERMINATION OF RIGHT TO PREVENTIVE MEASURES

    Directory of Open Access Journals (Sweden)

    RADU MARIUS

    2012-05-01

    Full Text Available Preventive measures were binding, without, however, being procedural criminal sanctions or penalties and not run counter to the freedom of the individual and does not attack the principle of presumption of innocence. They ensure the good running of the criminal process, which has led to the inclusion of modern legislation in all imprisonment by way of judicial review, as a procesuala of the most severe.Termination of right to preventive measures shall designate by virtue of which the legal situation, whether in judicial activities involved some "incident" which recognizes ope legis effect subject to extinctive interpretation towards preventive measures, judicial bodies are required to cease such action.The judicial authority is obliged, therefore, to release the detained or arrested when there is one of the situations referred to in article 140 from the code of penal procedure.This study has proceeded from the need to standardise and judicial practice and the consistent application of the law in the matter of the termination of the preventive measures — as a guarantee of the respect for rights indispensable accused/defendant in criminal proceedings.Even if at first glance the law is clear and concise, however, judicial practice has passed different solutions, often giving the misinterpretation, and precisely why during the study I will present some of the most relevant solutions jurisprudenţiale, both published and unpublished, as well as the jurisprudence of the European Court of human rights, also commenting on his own option likely controversy.In view of these considerations in the present research wish to realize a complete documentation and jurisprudenţiala and doctrinara, trying to force through the comments made on the text of regulations and solutions given by courts to make a judgment necessary and useful to practitioners of law cases of cessation of the right to preventive measures.

  16. Dyslexia Laws in the USA

    Science.gov (United States)

    Youman, Martha; Mather, Nancy

    2013-01-01

    Throughout the various states of the USA, the appropriate identification of dyslexia and the timely provision of interventions are characterized by variability and inconsistency. Several states have recognized the existence of this disorder and the well-established need for services. These states have taken proactive steps to implement laws and…

  17. The articles 49 and 50 (10,931/2004 law and the basic right to housing Os arts. 49 e 50 da lei 10.931/2004 e o direito fundamental à moradia

    Directory of Open Access Journals (Sweden)

    Luiz Rodrigues Wambier

    2005-12-01

    Full Text Available This article deals with the interpretation of articles 49 and 50 of law 10.931/2004, that establish conditions for the concession and maintenance of “provisory decisions” in the actions that have for object decurrent obligation of loan, real estate financing or alienation, concluding that they also possess they “a pedagogical” aspect, in the measure that they guide the debtor in the direction of that: better than take risks that will generate resulted but can not be supported to the end of the process, it is to pay the amount that, admittedly, the creditor is due, allowing, then, the borrower, the full enjoyment of the property right, in the foresee time contractually.Este artigo trata da interpretação dos artigos 49 e 50 da lei 10.931/2004, que estabelecem condições para a concessão e manutenção de liminares nas ações que tenham por objeto a obrigação decorrente de empréstimo, financiamento ou alienação imobiliários, concluindo que possuem eles também um aspecto “pedagógico”, na medida em que orientam o devedor no sentido de que melhor que correr riscos que gerarão resultados que não poderão ser suportados ao final do processo, é pagar a quantia que, reconhecidamente, é devida ao credor, permitindo-se, então, ao mutuário, a fruição plena do direito de propriedade, no tempo previsto contratualmente.

  18. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  19. 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.

  20. 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.

  1. Nuclear Law

    International Nuclear Information System (INIS)

    Pascal, Maurice.

    1979-01-01

    This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr

  2. Overcoming the hard law/soft law dichotomy in times of (financial crises

    Directory of Open Access Journals (Sweden)

    Rolf H. Weber

    2012-03-01

    Full Text Available Traditional legal doctrine calls for hard law to regulate markets. Nevertheless, in financial markets, soft law has a long tradition, not at least due to the lack of multilateral agreements in this field. On the one hand, the recent financial crisis has shown that soft law does not suffice to avoid detrimental developments; on the other hand, a straight call for hard law would not be able to manage the recognized regulatory weaknesses. Therefore, emphasis should be put on the possibilities of combining hard law and soft law; specific areas allowing realizing such kind of “combination” are organizational issues, transparency requirements, and dispute settlement mechanisms.

  3. Philosophical foundations of human rights

    CERN Document Server

    Liao, Matthew S

    2015-01-01

    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. 'Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each part is comprised of a set...

  4. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

  5. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics......The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

  6. Application of the Right to Permanent Sovereignty over Natural Resources for Indigenous Peoples: Assessment of Current Legal Developments

    Directory of Open Access Journals (Sweden)

    Endalew Lijalem Enyew

    2017-11-01

    Full Text Available The right to Permanent Sovereignty over Natural Resources (PSNR emerged in the era of decolonization. As a reaction to the irresponsible exploitation of natural resources by colonial powers, peoples under colonial rule and newly independent developing states asserted the right to control and dispose of their own natural resources. The UN General Assembly recognized and reinforced these claims by adopting a series of resolutions relating to the right to PSNR so as to facilitate the process of decolonization. However, the subjects of the right to PSNR have expanded to include ‘all peoples’ due to legal developments in international law pertaining to the right to self-determination of peoples and other human rights standards. This article explores the contemporary application of the right to PSNR for indigenous peoples, by virtue of their being ‘peoples’, tracing various developments in international law relating to indigenous peoples since the inception of PSNR in the 1950s.

  7. [Inheritance rights fo the child born from post-mortem fertilization].

    Science.gov (United States)

    Iniesta Delgado, Juan José

    2008-01-01

    Spanish Law allows in the possibility of post mortem fertilization, recognizing the paternity of the deceased male. The most prominent legal effects of this fact have to do with the succession of his father. The way of fixing the child's portion in the forced succession and its protection, the question of determining his share in the inheritance and the necessity of defending his rights until the verification of the birth are some of the issues that are discussed in this article.

  8. Nature of Human Rights

    Directory of Open Access Journals (Sweden)

    Carlos López Dawson

    2016-07-01

    Full Text Available In the formation of a new Constitution the constituents will require to know or reach an agreement on the nature of human rights; then, to determine how the State will enforce the respect to those rights. To do so, it is necessary to resort to the history and evolution of these rights, and the present work aims to contribute to an efficient productive debate about the nature of human rights, so that citizens can decide on the understanding that this is a thoughtful democratic and humanistic founded decision. The analysis is in the actual technical-ideological republican system which correspond to the current state of international law

  9. Autonomy and minority rights

    DEFF Research Database (Denmark)

    Barten, Ulrike

    2008-01-01

    on the content of the syllabus. When autonomy is understood in the literal sense, of giving oneself one's own laws, then there is a clear connection. Autonomy is usually connected to politics and a geographically limited territory. Special political rights of minorities - e.g. is the Danish minority party SSW...

  10. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    1 INTRODUCTION. The role played by international law in guaranteeing the right to an adequate standard of living is an important one.1. For a number of years, international bodies have sought to introduce certain levels of financial and other benefits which aim to provide for a basic standard of living for persons in need.2.

  11. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    phenomenon whereby human rights, as law and ideology, has increasingly recognised ... “paradox” as well as a “tension” as it seeks to challenge the existing notion of using ... fully meet the needs of persons with disability on the continent. ..... the Draft Protocol on Ageing and People with Disabilities for review in mid-2010.

  12. European media law

    NARCIS (Netherlands)

    Castendyk, O.; Dommering, E.; Scheuer, A.

    2008-01-01

    European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual

  13. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad - Vol ... Can decentralisation contribute to promoting rule-of-law structures? ... Challenges confronting health care workers in government's ARV rollout: rights and ...

  14. Saúde mental, direitos, cidadania: o escritório de advocacia como agência para inclusão social Salud mental, derechos, ciudadanía: la oficina de abogacía como agencia para la inclusión social Mental health, rights and citizenship: the law office as an agent for social inclusion

    Directory of Open Access Journals (Sweden)

    Taia Duarte Mota

    2008-06-01

    entrevistas con cuatro usuarios, los cuales evaluaron el servicio, comprendiendo que él facilita la inserción en el mundo de los derechos y, por tanto, puede ser considerado como una importante tecnología en salud mental.The Psychiatric Reform discusses issues related to the inclusion of individuals that suffer from mental disorders, having as its main project the construction of citizenship through the reconstruction of their rights and recognizing that mentally ill individuals are in a condition of exclusion because of their very condition, the work and the social fragility. The Centro de Atenção Psicossocial Prof. Luiz da Rocha Cerqueira intends to interfere in the exclusion condition of mentally ill individuals through a number of projects, among them its Law Office, a social service agent that, by promoting alliances, offers to its users the possibility to reach higher and higher levels of management of their lives. The purpose of this study was to characterize the users of the Law Office and verify the importance of such intervention to them. Four users were interviewed and were asked to evaluate the service. They showed understanding of the fact that the service makes their insertion into the world of rights easier and therefore may be considered an important technology in mental health.

  15. Immune Cells in Blood Recognize Tumors

    Science.gov (United States)

    NCI scientists have developed a novel strategy for identifying immune cells circulating in the blood that recognize specific proteins on tumor cells, a finding they believe may have potential implications for immune-based therapies.

  16. Testes psicológicos e o Direito: uma aproximação à luz da dignidade da pessoa humana e dos direitos da personalidade Psychological tests and Law: an approach in light of human dignity and personality rights

    Directory of Open Access Journals (Sweden)

    Luciano Augusto de Toledo Coelho

    2004-08-01

    Full Text Available Testes psicológicos são freqüentemente usados na seleção de funcionários para empresas. Este artigo busca comparar tais instrumentos considerando os direitos fundamentais do trabalhador. Sempre que um candidato para um trabalho é sujeitado a um teste, seja isso para medir a aptidão dele ou dela ou para verificar determinados traços da personalidade, acima daquele instrumento está sujeitado o conhecimento de uma ciência que legitima o poder do empregador para testar o candidato. A crise de trabalho gerada pela globalização e a hegemonia do sistema capitalista neoliberal levam vantagem do sujeição crescente do trabalhador. Não há nenhuma lei no Brasil que protege um(a candidato(a do "vazamento" de informação sobre sua personalidade. E, em alguns casos, estes fatores que podem causar a pessoa não ser contratada, poderiam ser considerados discriminatórios. Tais técnicas e testes de seleção de pessoal abusivas que não são muito fidedignos, aumentam a possibilidade de revelação desnecessária e, por conseguinte, uma violação de privacidade, vida privada e o desrespeito do princípio constitucional da dignidade humana.Psychological tests are quite frequently used in selecting personnel for companies. This article seeks to compare such instruments with the worker's fundamental rights in mind. Whenever a candidate for a job is subjected to a test, be that to measure his or her aptitude or to verify certain personality traits, over that instrument is incurred the knowledge of a science that legitimizes the employer's power to test the candidate. The job crisis generated from globalization and the hegemony of the neo-liberal capitalistic system, takes advantage of the ever-growing subjection of the worker. There are no laws in Brazil that protect a candidate from the "leak" of information about his or her personality. And, in some cases, these factors, which can cause one to not be hired, could be considered discriminatory

  17. Environmental law. 2. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)

    2008-07-01

    The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.

  18. Action of the city of Schweinfurt against Kernkraftwerk Grafenrheinfeld recognized

    International Nuclear Information System (INIS)

    Anon.

    1979-01-01

    In the appeal proceedings, the Bavarian Administrative Court with its interim decision of April 9, 1979 - No. 167 VI 74 - has recognized the action of the city of Schweinfurt against the state of Bavaria to set aside the 1st part license for the construction of Kernkraftwerk Grafenrheinfeld, although the right for action was limited to the city's legal position concerning planning authority, drinking water supply, and a city-owned lake used for swimming. Appeal was allowed. The city has lodged an appeal. The decision of the Administrative Court of Wuerzburg of March 25, 1977, which was contested by the appeal, had also recognized the city's rights but dismissed the action as being unfounded. Guidelines and reasons for the decision of the Bavarian Administrative Court are given in full wording. (orig./HP) 891 HP/orig.- 892 HIS [de

  19. Transfer of Rights and Obligations

    DEFF Research Database (Denmark)

    Beale, Hugh; Ringe, Wolf-Georg

    2013-01-01

    This chapter compares the law on transfer of rights (i.e., assignment) in the Draft Common Frame of Reference (DCFR), English law, and German law. It first considers cases in which the three systems produce similar results before concentrating on situations in which the results and the interactions...... on assignment be included in a later version of an optional instrument, there will be a number of interactions with both English and German law in the sense that it will matter which system governs the agreements, particularly the agreement for assignment. Key differences include, inter alia, the proprietary...

  20. Exclusive Rights and State Aid

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2017-01-01

    Exclusive rights are granted in order to regulate markets as one of several possible tools of public intervention. The article considers the role of State aid law in the regulation of exclusive rights. Whereas the right of Member States to organise markets as monopolies and the choice of provider...... are regulated by free movement rules and Article 106 TFEU, State aid law regulates the terms of the right to ensure that the beneficiary is not granted an economic advantage. Exclusive rights may be granted on various terms: for a payment, in combination with compensation or as compensation. The two former...... kinds of terms are regulated under State aid law which requires market terms. The granting of exclusive rights as compensation is analysed on the basis of the Eventech judgment, and it is found that when no financial transaction is included in the grant, it resembles a decision to organise a market...