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Sample records for rights protection act

  1. 78 FR 13101 - No FEAR Act Notice; Notice of Rights and Protections Available Under Federal Antidiscrimination...

    Science.gov (United States)

    2013-02-26

    ... No. 1] No FEAR Act Notice; Notice of Rights and Protections Available Under Federal... FEAR Act. The Act requires that federal agencies provide notice to their employees, former employees.... 1214(f). Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded...

  2. fundamental consumer rights under the consumer protection act 68

    African Journals Online (AJOL)

    Castle walk

    (g) a collective agreement in terms of Section 213 of the Labour Relations Act. 59 ..... "Direct marketing" means to approach a person, either in person or by ..... literacy skills and minimal experience as a consumer, to understand the contents.

  3. Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis

    Directory of Open Access Journals (Sweden)

    R van Niekerk

    2010-12-01

    Full Text Available South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer.

  4. THREE DECADES OF CONSUMER PROTECTION OF RIGHTS ACT: RURAL INDIA NEEDS FOCUSED ATTENTION

    OpenAIRE

    Dr. Amrit Patel

    2017-01-01

    India has been observing December 24 each year since 1986 as “National Consumer Rights Day”, when the Consumer Protection Act [CPA], 1986 came into force on this day. Despite the implementation of the CPA has completed three decades in the country, the rural India has yet to understand the meaning of consumer’s rights & the procedure to protect the right enshrined in the CPA,1986. This has its significance because according to the National Council of Applied Economic Research survey report th...

  5. Unpacking the Right to plain and understandable Language in the Consumer Protection Act 68 of 2008

    Directory of Open Access Journals (Sweden)

    Philip N Stoop

    2013-12-01

    Full Text Available The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to whether the terms of the contract terms accessible, in clear language, well-structured, and cross-referenced, with prominence being given to terms that are detrimental to the consumer or because they grant important rights. One measure in the Act aimed at addressing procedural fairness is the right to plain and understandable language. The consumer’s right to being given information in plain and understandable language, as it is expressed in section 22, is embedded under the umbrella right of information and disclosure in the Act. Section 22 requires that notices, documents or visual representations that are required in terms of the Act or other law are to be provided in plain and understandable language as well as in the prescribed form, where such a prescription exists. In the analysis of the concept “plain and understandable language” the following aspects are considered in this article: the development of plain language measures in Australia and the United Kingdom; the structure and purpose of section 22; the documents that must be in plain language; the definition of plain language; the use of official languages in consumer contracts; and plain language guidelines (based on the law of the states of Pennsylvania and Connecticut in the United States of America.

  6. Unpacking the right to plain and understandable language in the consumer protection act 68 of 2008

    OpenAIRE

    Stoop, Philip N; Chürr, Chrizell

    2013-01-01

    The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and gener...

  7. 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, ...

  8. Radiological Protection Act 1970

    International Nuclear Information System (INIS)

    1970-01-01

    This Act provides for the establishment of a Radiological Protection Board to undertake research and advise on protection from radiation hazards. Its functions include provision of advice to Government departments with responsibilities in relation to protection of sectors of the community or the community as a whole against the hazards of ionizing radiation. The Act, which lays down that the Board shall replace certain departments concerned with radiation protection, repeals several Sections of the Radioactive Substances Act 1948 and the Science and Technology Act 1965. (NEA) [fr

  9. The Radiation Protection Act

    International Nuclear Information System (INIS)

    Persson, L.

    1989-01-01

    The new Radiation Protection Act (1988:220) entered into force in Sweden on July 1st, 1988. This book presents the Act as well as certain regulations connected to it. As previously, the main responsibility for public radiation protection will rest with one central radiation protection authority. According to the 1988 Act, the general obligations with regard to radiation protection will place a greater responsibility than in the past on persons carrying out activities involving radiation. Under the act, it is possible to adjust the licensing and supervisory procedures to the level of danger of the radiation source and the need for adequate competence, etc. The Act recognises standardised approval procedures combined with technical regulations for areas where the risks are well known. The Act contains several rules providing for more effective supervision. The supervising authority may in particular decide on the necessary regulations and prohibitions for each individual case. The possibilities of using penal provisions have been extended and a rule on the mandatory execution of orders has been introduced. The Ordinance on Radiation Protection (1988:293) designates the National Institute of Radiation Protection (SSI) as the central authority referred to in the Radiation Protection Act. The book also gives a historic review of radiation protection laws in Sweden, lists regulations issued by SSI and presents explanations of radiation effects and international norms in the area. (author)

  10. Marine Mammal Protection Act

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — The Marine Mammal Protection Act (MMPA or Act) prohibits, with certain exceptions, the "take" of marine mammals in U.S. waters and by U.S. citizens on the high seas,...

  11. Preventive Radiation Protection Act

    International Nuclear Information System (INIS)

    Roewer, H.

    1988-01-01

    The commentary is intended to contribute to protection of the population by a practice-oriented discussion and explanation of questions arising in connection with the Preventive Radiation Protection Act. Leaving aside discussions about abandonment of nuclear power, or criticism from any legal point of view, the commentary adopts the practical approach that accepts, and tries to help implementing, the act as it is. It is a guide for readers who are not experts in the law and gives a line of orientation by means of explanations and sometimes by citations from other acts (in footnotes). The commentary also presents the EURATOM Directive No. 3954/87 dated 22 December 1987, the EC Directive No. 3955/87 dated 22 December 1987, and the EC Directive No. 1983/88 dated 5 July 1988. A tabular survey shows the system of duties and competences defined by the Preventive Radiation Protection Act. (RST) [de

  12. Radiological protection act, 1991

    International Nuclear Information System (INIS)

    1991-01-01

    This Act provides for the establishment of the Radiological Protection Institute of Ireland and dissolves An Bord Fuinnimh Nuicleigh (the Board), transferring its assets and liabilities to the Institute. It sets out a range of radiation protection measures to be taken by various Ministers in the event of a radiological emergency and gives effect at national level to the Assistance Convention, the Early Notification Convention and the Physical Protection Convention. The Institute is the competent Irish authority for the three Conventions. (NEA) [fr

  13. Human Rights Act, 12 February 1987.

    Science.gov (United States)

    1987-01-01

    This document reprints major provisions of the Yukon's (Canada) 1987 Human Rights Act. The Act furthers the public policy that every individual is free and equal in dignity and rights, seeks to discourage and eliminate discrimination, and promotes the underlying principles of Canadian and international human rights instruments. Part 1 contains a Bill of Rights that protects the right to freedom of: 1) religion and conscience, 2) expression, 3) assembly and association, and 4) to enjoyment and disposition of property. Part 2 prohibits discrimination based on ancestry (including color and race), national origin, ethnic or linguistic background or origin, age, sex (including pregnancy), and marital or family status. Discrimination is also prohibited when offering services, goods, or facilities to the public; in connection with employment; in connection with membership in trade unions or trade, occupational, or professional associations; and in negotiation or performance of public contracts. The Bill of Rights lists reasonable causes for discrimination as well as exemptions, including preferential treatment for organization or family members or employment in a private home. Special programs and affirmative action programs are specifically not considered discrimination under this Act. The Act sets forth rules for providing equal pay for work of equal value and creates a Yukon Human Rights Commission to promote human rights and assist adjudication of complaints.

  14. THE FUNDAMENTAL RIGHT TO PROTECTION OF HEALTH

    Directory of Open Access Journals (Sweden)

    Cristina Teodora POP

    2015-04-01

    Full Text Available The insurance of the right to protection of health is regulated as obligation of the signatory states in the main international and European documents related to fundamental rights, in the constitutions of these states and in their infra-constitutional laws. In Romania, the right to protection of health is regulated at article 34 of the Fundamental Law, its standards of protection, stipulated in the international and the European acts that our country is part to, obliging the Romanian state, through the constitutional dispositions of article 20 and article 148 paragraph 2, as well. In application of article 34 of the Constitution, there were adopted at national level Law no.95-2006 concerning the reform in the field of health and other normative acts referring to subdomains of public health. A specific form to guarantee the right to protection of health, for each country, is the one realized by criminal law stipulations.

  15. Codification of patients' rights in Poland--the Patients' Rights Act 2008.

    Science.gov (United States)

    Bosek, Leszek; Pawliczak, Jakub

    2010-09-01

    The Act of 6 November 2008 on Patients' Rights and the Commissioner for Patients' Rights collect and safeguard patients' basic rights as well as provide, for the first time in Poland, an original concept for patients' collective rights. In addition, the new Act stipulates the specific mechanism for protecting patients' rights by the newly established body called the Commissioner for Patients' Rights. Polish reform of medical law will undoubtedly contribute to the expected ratification of the Convention on Human Rights and Biomedicine. However, the nature of codified rights is relatively abstract, and the Act cannot be read without reference to legislation related to physicians and health care institutions.

  16. Healing Arts Radiation Protection Act

    International Nuclear Information System (INIS)

    1984-07-01

    The Healing Arts Radiation Protection Act is concerned with regulating the registration, installation, operation, inspection and safety of X-ray machines. The Act provides for the establishment of the Healing Arts Radiation Protection Commission which is responsible for reporting on all the above matters to the Ontario Minister of Health. In addition the board is responsible for the continuing development of an X-ray safety code and for the submission of an annual report of their activities to the minister

  17. Protection of fundamental rights today

    International Nuclear Information System (INIS)

    Meyer-Abich, K.M.

    1984-01-01

    Technical developments can both change the methods of dealing with existing conflicts, and cause new conflicts. Meyer-Abich analyzes five conflicts caused by the technological development in the solution of which the constitutional, liberal, and democratic protection of fundamental rights is not at all guaranteed. Meyer-Abich thinks that these new conflicts can be solved in the framework of the liberal constitutional state, if legal and political consequences are taken in order to guarantee the uncharged protection of fundamental rights under changing conditions. The necessary reforms can, however, only be realized if the way how state and science see themselves changes. Both have to give up their one-sidedness into which have been pushed by conflict which havbe been caused by the scientific and technical development. Only then it will be possible to solve the jemerging conflicts without eopardizing the integritiy of the society. (orig.) [de

  18. 78 FR 3015 - Privacy Act of 1974; U.S. Customs and Border Protection; DHS/CBP-004-Intellectual Property Rights...

    Science.gov (United States)

    2013-01-15

    ... Search Systems, System of Records AGENCY: Department of Homeland Security, Privacy Office. ACTION: Notice... and Border Protection, Mint Annex, 799 9th Street NW., Washington, DC 20229-1177. For privacy issues... Property Rights Internal Search (IPRiS) system. IPRS provides a web-based search engine for the public to...

  19. The American Inventors Protection Act

    NARCIS (Netherlands)

    Hoffmann, Arvid O.I.; Kleimeier, Stefanie; Mimiroglu, Nagihan; Pennings, Joost M.E.

    2018-01-01

    We examine the impact of innovation disclosure through patenting on firms' cost of debt, focusing on the American Inventors Protection Act (AIPA) as an exogenous shock in innovation disclosure regulation. Post-AIPA, firms have an incentive to apply for patents only if commercial success is likely.

  20. Radiological Protection Miscellaneous Provisions Act 2014

    International Nuclear Information System (INIS)

    Irish Legislation

    2014-07-01

    This Act provides for the dissolution of the Radiological Protection Institute of Ireland and the transfer of all its functions, assets, liabilities and staff to the Environmental Protection Agency, to give effect to the Amendment to the Convention on the Physical Protection of Nuclear Material done at Vienna on 8 July 2005, to amend the Radiological Protection Act 1991, the Environmental Protection Agency Act 1992 and certain other enactments, and to provide for matters connected therewith

  1. Consumer protection act for digital products

    Science.gov (United States)

    Hampel, Viktor E.

    1996-03-01

    This report proposes a `Consumer Protection Act for Digital Products' to support electronic commerce and to control the increasing abuse and lack of security on the national information highways. Patterned after the `Food and Drug Act of 1906 (21 USC)' and subsequent legislation, a new agency similar to that of the FDA would have the authority `to develop administrative policy with regard to the safety, effectiveness, and labeling of digital products and their communications for human use, and to review and evaluate new applications of such products.' Specifically, it is proposed that standards, originally developed by the defense industry for the labeling, enveloping, and authentication of digital products delivered to the Government, be extended to promote global electronic commerce by protecting the intellectual property rights of producers, establishing their liability for the end-use of digital products, and give consumers means for informed decision making and purchase.

  2. Protecting the rights of patients in psychiatric settings : a comparison of the work of the Mental Health Act Commission with the CQC / Judy Laing

    Index Scriptorium Estoniae

    Laing, Judy

    2014-01-01

    Tervishoiu kvaliteedi komisjoni (Care Quality Commission) ning vaimse tervishoiu komisjoni (Mental Health Act Commission) töö võrdlusest psühhiaatriliste patsientidega ning vastavatest regulatsioonidest

  3. State duties of protection and fundamental rights

    Directory of Open Access Journals (Sweden)

    C Starck

    2000-05-01

    Full Text Available Duties of protection are duties of the state to protect certain legal interests of its citizens. They cover the interests of life, health, freedom and property and also protect some other interests and certain constitutionally recognised institutions. State duties of protection must be considered in connection with fundamental rights. The foundations of modern constitutionalism and attendant procedures are essential to develop guidelines for a constructive critique of the jurisprudence of the Constitutional Court. This is done with reference to the recent history of France, Germany and England. The historical excursus reveals that a single theory underlies the variety of constitutional states. The development of the constitutional state gave rise to the significance of the preservation of freedom through the maintenance of law and the separation of powers. This has given rise to various legal devices, based also in part on experience with moderate rule and earlier theories of the imperium limitatum.A textual analysis of the German Basic Law is undertaken to determine whether and how the duties of protection are expressly created. Furthermore, the duties that have been discovered in the Basic Law by the Federal Constitutional Court are considered. These duties include the protection of human life and health, personal freedom, the right to autonomous development of one's personality, freedom of science, research and teaching, marriage and the family, children, mothers, professional freedom, property and the protection of German nationals against foreign states. Finally the justification of such duties and the constitutional control of the manner of protection are considered.In a final section a critique of relevant constitutional jurisprudence is undertaken. It is argued that claims to protection cannot be directly binding law. They presuppose legislation. If statutory protection is connected with infringements of third-party fundamental rights

  4. Protection of personality rights in civil law

    Directory of Open Access Journals (Sweden)

    Simonović Ivana

    2014-01-01

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

  5. THE LEGAL PROTECTION OF THE PROPERTY RIGHT

    Directory of Open Access Journals (Sweden)

    Anda CRISU-CIOCÎNTĂ

    2015-04-01

    Full Text Available The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

  6. Protection of civil rights and technological development

    Energy Technology Data Exchange (ETDEWEB)

    Wagner, H

    1985-01-01

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

  7. Protection of civil rights and technological development

    International Nuclear Information System (INIS)

    Wagner, H.

    1985-01-01

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

  8. Open Adoption and the Right to Identity in the Context of the Best Interest of the Child: an Analysis of Article 22 of the Act on “Protection of Children and Adolescents without Guardian and with Inappropriate Guardian” (2013

    Directory of Open Access Journals (Sweden)

    محمد روشن

    2018-03-01

    Full Text Available Adoption as a ground for the best interests of the child, focuses on finding a proper family for a child rather than a child for the family. Open adoption as a sort of adoption for protecting children claims that child’s access to the information of original parents and other identity features will provide child’s right to identity and include child’s best interest. On the other hand, despite rejecting adoption, Islam postulates child access to biological parents’ information due to protecting child’s identity and ancestry. The trace of this point of view is observable in the “Protection of children and Teenagers without Guardian or with Improper Guardian” Act (2013. This article is planning to find similarities and differences between the two supportive approaches. According to the findings, it is to say that both of the approaches, despite the fundamental differences, are convergent in presenting information about the child’s identity. In other sorts of adoption, the main plot is the child’s right to have access to the biological inform-ation as well, but in the open adoption approach, child can also contact to the primary parents beyond the mere information access.

  9. Labour Rights Protection in Industrial Relations Issues

    Directory of Open Access Journals (Sweden)

    Eko Adi Susanto

    2015-12-01

    Full Text Available Many violations of the terms of employment at Surabaya, employment protection  and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015. Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2, 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78

  10. 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.

  11. APPROPRIATING CREATIVE WORKS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS

    Directory of Open Access Journals (Sweden)

    Cornelia DUMITRU

    2015-07-01

    Full Text Available The ownership, either public or private, is an expression for appropriating goods. Consequently, the appropriation takes the form of private (i.e. private property and common forms (i.e. public property. The common law property defines appropriation as „a deliberate act of acquisition of something, often without the permission of the owner”, but the intellectual property rights do not protect goods. Particularly in this case „the object” of appropriation does not represent a „res nullius” simply because the intellectual property right arises from the act of creation, therefore the appropriation of somebody else’s creation becomes equivalent with stealing (plagiarism. Consequently, if we are to admit that the authors have a right of ownership over them, then ownership in intellectual property law has (it must have other manifestations than those known and accepted in the common law of property.

  12. New Croatian Act on Ionizing Radiation Protection

    International Nuclear Information System (INIS)

    Grgic, S.

    1998-01-01

    According to the new Croatian Act on ionizing radiation protection which is in a final stage of genesis, Ministry of Health of the Republic of Croatia is the governmental body responsible for all aspects relating sources of ionizing radiation in Croatia: practices, licenses, users, transport, in medicine and industry as well, workers with sources of ionizing radiation, emergency preparedness in radiological accidents, storage of radioactive wastes, x-ray machines and other machines producing ionizing radiation and radioactive materials in the environment. Ministry of Health is responsible to the Government of the Republic of Croatia, closely collaborating with the Croatian Radiation Protection Institute, health institution for the performance of scientific and investigation activities in the field of radiation protection. Ministry of Health is also working together with the Croatian Institute for the Occupational Health. More emphasis has been laid on recent discussion among the world leading radiation protection experts on justification of the last recommendations of the ICRP 60 publication. (author)

  13. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    Erinda Duraj (Male

    2015-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Karatzas Konstantinos D.

    2016-09-01

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

  15. A Right Brain/Left Brain Model of Acting.

    Science.gov (United States)

    Bowlen, Clark

    Using current right brain/left brain research, this paper develops a model that explains acting's underlying quality--the actor is both himself and the character. Part 1 presents (1) the background of the right brain/left brain theory, (2) studies showing that propositional communication is a left hemisphere function while affective communication…

  16. 13 CFR 142.41 - How does SBA protect the rights of defendants?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false How does SBA protect the rights of... CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 142.41 How does SBA protect the rights of defendants? These procedures separate the functions of the investigating official, reviewing official, and...

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

    Directory of Open Access Journals (Sweden)

    Howard Chitimira

    2016-12-01

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

  18. IMPLEMENTATION OF DRUG ADDICTS RIGHT TO HEALTH PROTECTION (SEPARATE ASPECTS).

    Science.gov (United States)

    Shevchuk, O; Rzhevska, O; Korop, O; Pyliuha, L

    2018-03-01

    The purpose of the research is to analyze specific problems of the realization of the right to protect the health of people who take narcotic drugs or psychotropic substances. To achieve this goal, statistics have been analyzed on the number of people using narcotic drugs or psychotropic substances (including drug-addicted children) placed on medical records and the number of their applications for medical care. It has been found out that people in this category often face a denial of medical care that causes extremely strong physical and mental suffering. The analysis of the understanding of the legal design of the «right to health care» in the scientific literature, national legislation and international legal documents was made. State institutions and local authorities providing «the right to health care» of people taking narcotic or psychotropic drugs are singled out. The absence of grounds for restricting the right to protect the health of people who take narcotic or psychotropic drugs who are not registered is justified. In the course of the research, it was found out that people who take narcotic drugs or psychotropic substances are more likely than other patients to need medical assistance and, when requesting the right to health care, face a number of problems that require immediate solution: incomplete provision of quality free medical care; unimplementation of rehabilitation programs for such categories of patients; the lack of the right of children who take narcotic drugs or psychotropic substances to make their own decisions at the age of 14 and apply to public health institutions for the treatment of drug addiction; violations of the continuity of SMT programs and their absence in penal institutions for drug dependent people. It was proposed to introduce a number of changes in the relevant normative legal acts.

  19. Protecting the Right to Multicultural Education.

    Science.gov (United States)

    Dyer, Adair

    1991-01-01

    Argues that a child has a right to multicultural education when the child is a member of a minority community or when the child's mother and father are members of different cultural groups. Concludes that multicultural education as established in the United Nations Convention on the Rights of the Child should be developed further and elaborated in…

  20. Protecting digital rights in Pakistan | IDRC - International ...

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

    2017-02-13

    Feb 13, 2017 ... The annual prize is awarded by the Dutch government to human rights ... a growing social conservatism that prizes whatever form of stability is promised. ... is difficult, made worse by increasing social and political instability.

  1. 29 CFR 1977.12 - Exercise of any right afforded by the Act.

    Science.gov (United States)

    2010-07-01

    ..., DEPARTMENT OF LABOR (CONTINUED) DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE WILLIAMS-STEIGER... proceedings under or related to the Act, section 11(c) also protects employees from discrimination occurring... the job because of potential unsafe conditions at the workplace. Hazardous conditions which may be...

  2. [The new patient rights act : the significance for surgeons].

    Science.gov (United States)

    Dillschneider, J; Theuer, D; Mieth, M; Büchler, M W

    2012-07-01

    The committee draft for the new patient rights act was approved by the Federal Cabinet on 23 May 2012. Both the demands of the patient representative of the Federal government and some of the demands from the cornerstone paper of the State commission were taken into consideration.The draft of the new act contains comprehensive amendments to the Civil Code with the subtitle"Treatment contract in accordance with §630" and encompasses §§630a-h. The valid legal situation is therefore to all intents and purposes now codified.

  3. [The reasonable use of right ventricular protection strategy in right ventricular outflow tract reconstruction].

    Science.gov (United States)

    Zhang, Y; Yuan, H Y; Liu, X B; Wen, S S; Xu, G; Cui, H J; Zhuang, J; Chen, J M

    2018-06-01

    As a result of right ventricular outflow tract reconstruction, which is the important and basic step of complex cardiac surgery, the blood flow of right ventricular outflow tract is unobstructed, while pulmonary valve regurgitation and right heart dysfunction could be happened. These problems are often ignored in early days, more and more cases of right heart dysfunction need clinical intervention, which is quite difficult and less effective. How to protect effectively the right ventricular function is the focus. At present main methods to protect the right ventricular function include trying to avoid or reduce length of right ventricular incision, reserving or rebuilding the function of the pulmonary valve, using growth potential material for surgery. The protection of the right ventricular function is a systemic project, it involves many aspects, single measures is difficult to provide complete protection, only the comprehensive use of various protection strategy, can help to improve the long-term prognosis.

  4. 45 CFR 164.522 - Rights to request privacy protection for protected health information.

    Science.gov (United States)

    2010-10-01

    ... ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS SECURITY AND PRIVACY Privacy of Individually Identifiable Health Information § 164.522 Rights to request privacy protection for protected health information. (a)(1... 45 Public Welfare 1 2010-10-01 2010-10-01 false Rights to request privacy protection for protected...

  5. Environmental protection - can it be regarded as a basic right

    International Nuclear Information System (INIS)

    Soell, H.

    1986-01-01

    The question of the necessity of an 'environmental basic right' is to be seen in connection with the doctrine of the duty of the State to protect the basic rights. Under the present law this obligation of the State applies only to third party intervention, it does not take effect if it is a matter of protecting the environment as such. Therefore the introduction of an 'environmental basic right' is necessary. (WG) [de

  6. Application of Land Administration Domain Model to Recognition of Indigenous Community Rights in Indian Forests : Indian Forest Rights Act, 2006, examined with its Spatial Dimension

    NARCIS (Netherlands)

    Ghawana, Tarun; Hespanha, João Paulo; Zevenbergen, Jaap

    2012-01-01

    Recognizing the importance of protecting indigenous property rights, as acknowledged by worldwide organizations such as the United Nations, and specifically the poor and badly governed forested communities, this paper elected as its Use Case the implementation of the Indian Forest Rights Act from

  7. The Whistleblower Protection Act: An Overview

    National Research Council Canada - National Science Library

    Whitaker, L. P

    2007-01-01

    .... Generally, whistleblower protections may be raised within four forums or proceedings: (1) employee appeals to the Merit Systems Protection Board of an agency's adverse action against an employee, known as Chapter 77 appeals; (2...

  8. Radiological Protection (Amendment) Act, 2002. Number 3 of 2002

    International Nuclear Information System (INIS)

    2002-01-01

    This Act amends the Radiological Protection Acts, 1991 and 1995, and provides for the making of grants out of funds provided by the legislature for remediation works for houses having certain levels of radon gas and for the administration by the Radiological Protection Institute of Ireland of such grants and to provide for related matters

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

    Science.gov (United States)

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

    2018-04-01

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

  10. 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

  11. Institutional Mechanisms for Human Rights Protection in Nigeria: An ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This paper has focused on the institutional mechanisms for human rights protection ... is discussed in line with its powers and duties under the law that established it.

  12. The impact of the Consumer Protection Act on pharmacists.

    Science.gov (United States)

    du Toit, K; van Eeden, E

    2014-11-01

    The Consumer Protection Act of 2008 has had far-reaching consequences for suppliers of goods and services in South Africa. The implementation of the Act has important implications for all suppliers who enter into 'consumer transactions.' This article aims to stimulate awareness of the legal consequences of the Act arising from day-to-day situations occurring in the pharmacy, and to highlight the compliance obligations that the Act creates for pharmacists.

  13. The protection of the rights of children in armed conflict

    OpenAIRE

    Matouk Abdelnaby , Mayssa ,

    2017-01-01

    The protection of children's rights a victim of armed conflict is a recent and current problem which is based on the evolution of human rights and the changing nature of conflicts. It raises the question of the existence of an international legal framework consisting capable of providing protection and assistance to child plagued by hostilities. On this point, it appears that international law provides a set of legal mechanisms applicable to the child, whether direct or indirect victim of the...

  14. Protecting Community Rights over Traditional Knowledge - Phase III ...

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

    Existing intellectual property regimes protect individual rights for the purpose of commercial gain, but are often unsuitable for protecting the collective heritage of indigenous and local communities whose livelihoods rely on access to biodiversity. This is an important but under-researched field, with few concrete examples of ...

  15. Human rights protection under the FDRE and the Oromia ...

    African Journals Online (AJOL)

    This paper makes a comparative analysis of human rights protection as provided under the 1995 Federal Democratic Republic of Ethiopian Constitution (FDRE Constitution) and the 2001 Oromia Regional State Revised Constitution with its amendments (OromiaConstitution). Guided by the principle of a better protection of ...

  16. An Overview of Human Rights and Intellectual Property Protection

    Directory of Open Access Journals (Sweden)

    Maysa Said Bydoon

    2016-12-01

    Full Text Available The purpose of this article is to discuss the legal framework of human rights and intellectual property in terms of state obligations to afford a protection for both human rights and intellectual property. The relationship between intellectual property and human rights, under bilateral, regional and multilateral treaties, is a matter of concern. In focusing on the relationship between intellectual property and human rights, this article argues that there are many challenges on the wide use of Intellectual property rights that given possible conflict between intellectual property and human rights.

  17. Licensing procedures according to the Federal Act Protection Against Nuisances

    International Nuclear Information System (INIS)

    Schaefer, K.

    1977-01-01

    On March 1st, 1977 the 9th decree of the Protection Against Nuisances came into force, which, as the first comprehensive and state-uniform regulation contains the principles of the licensing procedure supplementary to legal provisions. The legal provision is based on numerous recent regulations of procedure from which in the meantime an essential stock of regulations relating to the licensing procedure has emerged. In general, two aims are to be achieved by this new regulation: The acceleration and simplification of the licensing procedure as will as the imperative guaranteeing in this procedure of the rights of the neighbouring areas, and of the society in general by a constitutional state. The legal provision provides in part new legal instruments for this. Examples on which the legal provisions are based are presented in the introduction. Subsequent explanations of provisions of the decree are to assist the application of the new act. Relevant regulations of the Federal Act for Protection Against Nuisances, as well as further supplementary provisions are given in the supplement. (orig.) [de

  18. The balancing act between the constitutional right to strike and the constitutional right to education

    Directory of Open Access Journals (Sweden)

    H J (Jaco Deacon

    2014-06-01

    Full Text Available While the South African Constitution enshrines both children's right to a basic education and teachers' right to strike, conflict between these two often occurs when the way in which teachers' unions conduct strike actions detracts from learners' education. This article identifies the parties affected by industrial action in the school context, and then proceeds to examine educators' right to strike as defined by the provisions of the Labour Relations Act. The unique implications of picketing in the education environment are then discussed, covering relevant questions such as where pickets may be held, the issue of picketing rules as well as unprotected pickets. Even though we are faced with a qualified right to strike as opposed to an unqualified right to education, the South African reality seems to be that striking teachers are handled with kid gloves. It is therefore concluded that the vast range of existing laws regulating protest action should be applied more effectively. One of the most important aspects should be the picketing rules, which should clearly determine whether picketing in fact contributes to resolution of the dispute, and how learners' interests and rights may best be actualised.

  19. Judicial Protection of Private Property Rights in Ethiopia: Selected ...

    African Journals Online (AJOL)

    Hailu_Elias_&_Muradu

    “Property Rights Protection and Private Sector Development in Ethiopia” which was .... Even if land has come under public ownership in Ethiopia since 1975, these ... may be capital contributions and in effect, the ownership of the use right over ..... Ethiopian Intellectual Property Office (EIPO) did not hesitate to register this.

  20. Judicial protection of pension rights: problems of theory and practice

    Directory of Open Access Journals (Sweden)

    Marina G. Sedelnikova

    2018-01-01

    Full Text Available The subject. The article is devoted to analysis of pension disputes resolution in courts.The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.The methodology. Both general scientific methods (analysis, synthesis, description and special scientific methods (formal-legal methods method of legal interpretation were used.Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.Conclusions. The existence of a number of features of the substantive

  1. [Legislative and legal security of supervisory activities in the sphere of protection of consumers' rights and human well-being].

    Science.gov (United States)

    Rumiantsev, G I; Kutsenko, G I; Polesskiĭ, V A

    2007-01-01

    Sanitary legislation plays an important role in supervisory activities ensuring the protection of consumers' rights and human well-being. The paper considers the basic laws and standard acts allowing for legal regulation in this sphere of activities.

  2. Radiation Protection and Control Act 1982. No 49 of 1982

    International Nuclear Information System (INIS)

    1982-01-01

    This Act provides for radiation protection in the State of South Australia. It controls activities related to radioactive substances and irradiating apparatus and lays down a licensing system to this effect. The South Australia Health Commission is responsible for administering the Act and is advised by the Radiation Protection Committee created for this purpose. The powers and duties of both bodies are set out in detail. (NEA) [fr

  3. Protection of citizens' rights by appropriate design of legal procedures

    International Nuclear Information System (INIS)

    Bluemel, W.

    1982-01-01

    The author regards the Muehlheim-Kaerlich ruling by the Federal Constitutional Court of December 12, 1979 as a ruling which stipulates the protection of basic rights as a main function of the citizen participation. The essential importance of this ruling is specified by the statement that the shaping of procedures - of courts and authorities - has a constitutional importance, that the shaping of procedures is an essential element of an effective guarantee of basic rights. He expressly extends the above mentioned jurisdiction of the Federal Constitutional Court beyond the influence of the substantive basic rights on the procedural law to the administrative procedural law. The procedural basic right of article 19, section 4 of the constitution is supplemented by the claim for an effective legal protection which directly results from the substantive basic right of article 14, section 1, paragraph 1 of the constitution. (orig./HSCH) [de

  4. 60 years of Health Protection under the Clean Air Acts

    OpenAIRE

    Longhurst, J.

    2016-01-01

    2016 marks 60 years of UK Clean Air Acts. This presentation explores the challenges, opportunities and progress since the Clean Air Act, 1956. It reflects upon historical attempts to manage air pollution noting success factors and barriers to progress. Particular attention is given to the impact of the 1952 Great Smog and the role of National Smoke Abatement Society, the forerunner of Environmental Protection UK, in creating the momentum for the 1956 Act. The presentation concludes with a rev...

  5. Diesel generator fire protection: getting the balance right

    International Nuclear Information System (INIS)

    Enzmann, Hans; Swiss Reinsurance Co., Zurich)

    1986-01-01

    A wide range of different approaches to the fire protection of diesel generators can be found in nuclear power plants around the world. In some cases there is too little protection. In others there is far too much, such that fire prevention has been overemphasised at the expense of diesel generator operability and overall nuclear safety. A risk assessment check list developed in Switzerland could help to achieve the right balance. (author)

  6. The Property Right and the Requirements of Environmental Protection

    Directory of Open Access Journals (Sweden)

    Vasilica NEGRUŢ

    2014-11-01

    Full Text Available The environmental protection has lately become an essential component of the concept of sustainable development, along with the economic, social and cultural components. Being an objective of public interest, the environmental protection and conservation are essential to ensure the habitat necessary for continuing the human existence. Considering this aspect, the limitation of ownership required by certain laws has both a social and moral justification, the environmental protection having a direct link with the level of public health, which is a value of national interest. The legal limits of the ownership are restrictions brought by the law, considering aspects regarding the general interest of society. In this article we intend to emphasize, on the analysis and comparison of legislation and case law, the nature of the relationship between ownership of property and environmental rights, as well as the limitations of property rights in favor of environmental protection. As a conclusion, the environmental easements meet a wide national and international recognition and guarantee, the holder of the property having to exercise it in the interest of the whole community, including the protection and conservation of the environment. At the same time, we must consider that the right to property and environment are fundamental rights guaranteed by the Romanian Constitution itself, which makes us conclude that they converge and mutually enrich across the fundamental duties as well.

  7. Environmental Guidance Program Reference Book: Marine Protection, Research, and Sanctuaries Act and Marine Mammal Protection Act. Revision 3

    Energy Technology Data Exchange (ETDEWEB)

    1988-01-31

    Two laws governing activities in the marine environment are considered in this Reference Book. The Marine Protection, Research, and Sanctuaries Act (MPRSA, P.L. 92-532) regulates ocean dumping of waste, provides for a research program on ocean dumping, and provides for the designation and regulation of marine sanctuaries. The Marine Mammal Protection Act (MMPA, P.L. 92-522) establishes a federal program to protect and manage marine mammals. The Fishery Conservation and Management Act (FCMA, P.L. 94-265) establishes a program to regulate marine fisheries resources and commercial marine fishermen. Because the Department of Energy (DOE) is not engaged in any activities that could be classified as fishing under FCMA, this Act and its regulations have no implications for the DOE; therefore, no further consideration of this Act is given within this Reference Book. The requirements of the MPRSA and the MMPA are discussed in terms of their implications for the DOE.

  8. Australian Radiation Protection and Nuclear Safety Act 1998. Act No 133

    International Nuclear Information System (INIS)

    1999-01-01

    A set of legislation consisting of three Acts in the field of radiation protection and nuclear safety was passed by both Houses of Parliament on 10 December 1998 and was proclaimed on 5 February 1999. Act No. 133 - Australian Radiation Protection and Nuclear Safety Act, which is a framework Law, established the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) as the regulatory body for radiation protection and nuclear safety, in place of the Nuclear Safety Bureau. The Chief Executive Officer of ARPANSA, who is appointed by the Governor-General for a term of up to 5 years, is obliged to submit annual and quarterly reports to the Minister on the operations of the Chief Executive Officer, ARPANSA, the Council, the Radiation Health Committee and the Nuclear Safety Committee. The Council is a consultative body which examines issues relating to radiation protection and nuclear safety and advises the Chief Executive Officer on these issues as well as on the adoption of recommendations, policies and codes. The Radiation Health Committee and the Nuclear Safety Committee are to be established as advisory committees to the Chief Executive Officer or the Council. Both committees should draft national policies, codes and standards in their respective fields and review their effectiveness periodically. The second in this series of legislation, Act No. 134, Australian Radiation Protection and Nuclear Safety (License Charges) Act requires holders of both facility and source licenses to pay an annual charge, to be prescribed by the regulations. The third, Act No. 135 , Australian Radiation Protection and Nuclear Safety (Consequential Amendments) Act repeals those provisions of the 1987 Australian Nuclear Science and Technology Organisation Act which concern the Nuclear Safety Bureau, and the 1978 Environment Protection Act as a whole

  9. Australian Radiation Protection and Nuclear Safety Act 1998. Act No 133

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1999-11-01

    A set of legislation consisting of three Acts in the field of radiation protection and nuclear safety was passed by both Houses of Parliament on 10 December 1998 and was proclaimed on 5 February 1999. Act No. 133 - Australian Radiation Protection and Nuclear Safety Act, which is a framework Law, established the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) as the regulatory body for radiation protection and nuclear safety, in place of the Nuclear Safety Bureau. The Chief Executive Officer of ARPANSA, who is appointed by the Governor-General for a term of up to 5 years, is obliged to submit annual and quarterly reports to the Minister on the operations of the Chief Executive Officer, ARPANSA, the Council, the Radiation Health Committee and the Nuclear Safety Committee. The Council is a consultative body which examines issues relating to radiation protection and nuclear safety and advises the Chief Executive Officer on these issues as well as on the adoption of recommendations, policies and codes. The Radiation Health Committee and the Nuclear Safety Committee are to be established as advisory committees to the Chief Executive Officer or the Council. Both committees should draft national policies, codes and standards in their respective fields and review their effectiveness periodically. The second in this series of legislation, Act No. 134, Australian Radiation Protection and Nuclear Safety (License Charges) Act requires holders of both facility and source licenses to pay an annual charge, to be prescribed by the regulations. The third, Act No. 135 , Australian Radiation Protection and Nuclear Safety (Consequential Amendments) Act repeals those provisions of the 1987 Australian Nuclear Science and Technology Organisation Act which concern the Nuclear Safety Bureau, and the 1978 Environment Protection Act as a whole

  10. Protection of the right to privacy in the practice of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Mladenov Marijana

    2013-01-01

    Full Text Available The right to privacy is a fundamental human right and an essential component of the protection of human autonomy and freedom. The development of science and information systems creates various opportunities for interferences with physical and moral integrity of a person. Therefore, it is necessary to determine the precise content of the right to privacy. The European Convention on Human Rights and Fundamental Freedoms guarantees this right under Article 8. The European Court of Human Rights did not precisely define the content of the right to privacy and thereby the applicants could bring different aspects of life into the scope of respect for private life. According to the Court, the concept of privacy and private life includes the following areas of human life: the right to establish and maintain relationships with other human beings, protection of the physical and moral integrity of persons, protection of personal data, change of personal name, various issues related to sexual orientation and transgender. The subject of this paper is referring to previously mentioned spheres of human life in the light of interpretation of Article 8 of the Convention.

  11. institutional mechanisms for human rights protection in nigeria

    African Journals Online (AJOL)

    Mofasony

    Commission, the Public Complaints Commission and the Truth and .... The Legislative and Institutional Framework of Environmental Protection in the Oil … ... includes strategies targeted at promoting democracy and good governance, rights of ... administrative action of any public authority and companies or their officials ...

  12. Legislative Protection of Property Rights in Ethiopia: An Overview ...

    African Journals Online (AJOL)

    There are ambiguities, inconsistencies, gaps and outdated features in the legislative protection of some property rights in Ethiopia. Moreover, there is the bestowal of wide and undue discretion to various administrative authorities without judicial scrutiny. These problems clearly lead to discretionary and arbitrary ...

  13. Whistleblower Protection

    Science.gov (United States)

    The Whistleblower Protection Enhancement Act of 2012 (WPA) and the Whistleblower Protection Act of 1989 Enhanced by the Act of 2012 provides protection rights for Federal employees against retaliation for whistleblowing activities.

  14. The Role of the Right Hemisphere in Speech Act Comprehension

    Science.gov (United States)

    Holtgraves, Thomas

    2012-01-01

    In this research the role of the RH in the comprehension of speech acts (or illocutionary force) was examined. Two split-screen experiments were conducted in which participants made lexical decisions for lateralized targets after reading a brief conversation remark. On one-half of the trials the target word named the speech act performed with the…

  15. 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...

  16. The Rights Granted to Trade Unions Under the Companies Act 71 of ...

    African Journals Online (AJOL)

    With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the ...

  17. Students as Consumers: The Implications of the Consumer Protection Act for Higher Education Institutions in South Africa

    Science.gov (United States)

    Reddy, K.

    2012-01-01

    The Consumer Protection Act (CPA) lays the basis for the protection of consumer rights in South Africa and comprehensively sets out obligations for "suppliers". There have been differing views expressed as to whether a student should be seen as a consumer. It is clear, however, that this Act applies to HEIs. This article, firstly,…

  18. International human rights and cultural diversity: a balancing act

    NARCIS (Netherlands)

    Donders, Y.

    2013-01-01

    It is broadly agreed that international human rights law and cultural diversity have a mutually interdependent and beneficial relationship. Many human rights, such as the rights to freedom of expression, freedom of religion, freedom of assembly, as well as the rights to take part in cultural life

  19. Radiation Protection Ordinance. Preventive Radiation Protection Act. 3. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    Kramer, R.; Zerlett, G.

    1990-01-01

    This 3rd edition presents the official explanations of the legislative intent behind the Radiation Protection Ordinance of 1976 and the 2nd amending ordinance, and the commentaries which as usual refer to the legal aspects and the related medical, scientific, and technical aspects. As a consequence of the reactor accident at Chernobyl, the existing radiation protection law has been extended by the Act for Preventive Measures for Pretection of the Population Against the Hazards of Ionizing Radiation (Preventive Radiation Protection Act), establishing preventive legal provisions and measures, so that this new edition has likewise been extended by commentaries on the Protective Radiation Protection Act and an introduction to the new area of law. The material also includes the Act for Establishment of a Federal Office for Radiation Protection, of October 9, 1989, which amended the Atomic Energy Act and the Preventive Radiation Protection Act. The correction of the Radiation Protection Ordinance of October 16, 1989 (BGBl. I p. 1926) has been incorporated into the text of the amended version of the Radiation Protection Ordinance. Court decisions and literature referred to cover material published up to the first months of 1989. (orig.) [de

  20. Environment Protection (Alligator Rivers Region) Act 1978, No.28

    International Nuclear Information System (INIS)

    1978-01-01

    The main object of this Act is to provide for the appointment of a Supervising Scientist responsible for supervising protection of the environment in the Alligator Rivers Region of the Northern Territory from the effects of uranium mining operations. His functions include advising the competent Minister on the effects of uranium mining operations on the environment and on standards, practices and procedures for its protection and restoration. The Act also sets up a Co-ordinating Committee responsible for programmes for research into the environmental effects of such mining operations and also keeping under review standards, practices and procedures for environmental protection in relation thereto. Finally the Act provides for the establishment of a Research Institute managed by the Supervising Scientist, to promote and assist in research as well as to collect information on the environmental effects of uranium mining operations. (NEA) [fr

  1. Guide to the Federal Act for Protection against Nuisances

    International Nuclear Information System (INIS)

    Thomas, J.; Wiedemann, R.

    1980-07-01

    The Federal Act for Protection against Nuisances contains all legal provisions related to pollution, noise, convulsions and shocks, thermal effects and similar effects on the environment. Apart from provisions of the actual Act for Protection against Nuisances, provisions related to nuisances are to be found in a number of legal fields. The authors provide a handy, completable survey on all relevant laws, ordinances, administrative regulations and directives issued by the Government of the federation and its individual states, and on the authorities responsible for their execution. The manual helps improve the transparency of legal provisions and adminstrative competences. (HSCH) [de

  2. Protecting the rights of people with HIV. Tanzania.

    Science.gov (United States)

    Temba, P

    1997-04-01

    In Tanzania, preliminary efforts are underway to protect the human rights of people with HIV/AIDS. Tanzania, which has been criticized for failing to recognize human rights abuses against people with HIV/AIDS, is the 15th country in sub-Saharan Africa to establish a regional network of physicians, lawyers, and nongovernmental organizations seeking to protect the rights of people with HIV/AIDS and those vulnerable to the infection with appropriate legislation and policies. Discrimination, which hastens spread of the disease by forcing it underground, is found even among medical personnel who disclose patient information without consent or refuse to treat patients with HIV/AIDS. Certain laws also compromise the rights of infected people by requiring physicians to tender medical reports before the courts, permitting employers to force employees to undergo HIV testing, or requiring rape victims to provide an excessive burden of proof. Participants at a recent workshop recommended a review of national AIDS policy and changes in the law. A computer database will be used to track HIV/AIDS-related human rights abuses in Tanzania.

  3. Evolving International Practices for Protection of Human Rights- the UN Human Rights Advisory Panel and EU Human Rights Review Panel

    Directory of Open Access Journals (Sweden)

    Remzije ISTREFI

    2017-03-01

    Full Text Available This article analyses the unique development of the international human rights non judicial protection mechanism in Kosovo. Since 1999 Kosovo has been placed under international supervision carried out by international organizations, namely the United Nations and the European Union. The UN’s Mission in Kosovo (UNMK was unprecedented both in scope and structural complexity. After the Declaration of Independence by Kosovo authorities on 17 February 2008, the European Union Rule of Law Mission in Kosovo EULEX took over to assist and support the Kosovo authorities in the rule of law area, specifically in the areas of the police, the judiciary and customs. The UNMIK’s extensive mandate and EULEXs limited executive powers in practice have affected human rights of Kosovars as a consequence of the UNMIK and EULEX actions and inactions in the course of exercise of their mandates. This study will try to reveal the processes that lead to establishment of these two unique international human rights Panels and their impact on human rights protection of individuals under international administration. The main question to be addressed is if these two human rights panels are providing the adequate remedy for addressing human rights violations by international actors in a post conflict Kosovo.

  4. Exploring Responsibility. Public and Private in Human Rights Protection

    OpenAIRE

    Bexell, Magdalena

    2005-01-01

    The theory and practice of international relations are replete with dilemmas related to the distribution of responsibility for human rights protection. Institutionalized notions of public and private empower and shape knowledge of what the spheres of responsibility signify for different kinds of actors. This study examines how the public-private distinction is manifested in controversy concerning the character of corporate social responsibility. The study develops a conceptual framework cente...

  5. A comprehensive Software Copy Protection and Digital Rights Management platform

    Directory of Open Access Journals (Sweden)

    Ayman Mohammad Bahaa-Eldin

    2014-09-01

    Full Text Available This article proposes a Powerful and Flexible System for Software Copy Protection (SCP and Digital Rights Management (DRM based on Public Key Infrastructure (PKI standards. Software protection is achieved through a multi-phase methodology with both static and dynamic processing of the executable file. The system defeats most of the attacks and cracking techniques and makes sure that the protected software is never in a flat form, with a suitable portion of it always being encrypted during execution. A novel performance-tuning algorithm is proposed to lower the overhead of the protection process to its minimum depending on the software dynamic execution behavior. All system calls to access resources and objects such as files, and input/output devices are intercepted and encapsulated with secure rights management code to enforce the required license model. The system can be integrated with hardware authentication techniques (like dongles, and to Internet based activation and DRM servers over the cloud. The system is flexible to apply any model of licensing including state-based license such as expiration dates and number of trials. The usage of a standard markup language (XrML to describe the license makes it easier to apply new licensing operations like re-sale and content rental.

  6. The Genetic Information Nondiscrimination Act (GINA): A Civil Rights Victory

    Science.gov (United States)

    Petruniak, Mark; Krokosky, Alyson; Terry, Sharon F.

    2011-01-01

    This article discusses the Genetic Information Nondiscrimination Act (GINA) which President George W. Bush officially signed in 2008. The law prohibits employers from making adverse employment decisions based on a person's genetic information, including family health history. It also forbids insurance companies from discriminating against…

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

    NARCIS (Netherlands)

    Versteegh, C.R.M.

    2015-01-01

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

  8. 76 FR 8992 - National Trails System Act and Railroad Rights-of-Way

    Science.gov (United States)

    2011-02-16

    ...] National Trails System Act and Railroad Rights-of-Way AGENCY: Surface Transportation Board, DOT. ACTION... procedures regarding the use of railroad rights-of-way for railbanking and interim trail use under the National Trails System Act (Trails Act). DATES: Comments are due by April 12, 2011; replies are due by May...

  9. Evolving International Practices for Protection of Human Rights- the UN Human Rights Advisory Panel and EU Human Rights Review Panel

    OpenAIRE

    Remzije ISTREFI

    2017-01-01

    This article analyses the unique development of the international human rights non judicial protection mechanism in Kosovo. Since 1999 Kosovo has been placed under international supervision carried out by international organizations, namely the United Nations and the European Union. The UN’s Mission in Kosovo (UNMK) was unprecedented both in scope and structural complexity. After the Declaration of Independence by Kosovo authorities on 17 February 2008, the European Union Rule ...

  10. 77 FR 63240 - Telephone Consumer Protection Act of 1991

    Science.gov (United States)

    2012-10-16

    ... organizations, companies with whom consumers have an established business relationship, and calls to persons... Consumer Protection Act of 1991 AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. SUMMARY: In this document, the Commission announces that the Office of Management...

  11. JC Knobel THE BALD AND GOLDEN EAGLE PROTECTION ACT

    African Journals Online (AJOL)

    USC 1531) (USA); and the Environment Protection and Biodiversity ... Province); Bophuthatswana Nature Conservation Act 3 of 1973 (Northwest Province, Free State) ... scientist may find it difficult to correctly identify members of the two species ..... usually sites its nest in trees close to water, the Golden Eagle usually breeds ...

  12. 77 FR 66935 - Telephone Consumer Protection Act of 1991

    Science.gov (United States)

    2012-11-08

    ... FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket No. 02-278; FCC 12-21] Telephone Consumer Protection Act of 1991 AGENCY: Federal Communications Commission. ACTION: Final rule; correction...: Karen Johnson, Consumer and Governmental Affairs Bureau, Consumer Policy Division, at (202) 418- 7706 or...

  13. Environment Protection (Northern Territory Supreme Court) Act 1978, No.30

    International Nuclear Information System (INIS)

    1978-01-01

    This Act relates to the enforcement by the Supreme Court of the Northern Territory of certain provisions for protecting the environment in the Alligator Rivers Region; it provides that the Supreme Court has jurisdiction to make orders concerning enforcement of provisions relating to the environmental effects in the Region of uranium mining operations. (NEA) [fr

  14. The Oregon Death with Dignity Act: The Right to Live or the Right to Die?

    Science.gov (United States)

    Westefeld, John S.; Doobay, Alissa; Hill, Jennifer; Humphreys, Clare; Sandil, Riddhi; Tallman, Benjamin

    2009-01-01

    Two hundred six individuals were surveyed concerning their views about the Oregon Death with Dignity Act, which allows for physician-assisted suicide under certain conditions. Results indicated extensive heterogeneity and strong opinions concerning the act. Implications are discussed. (Contains 2 tables.)

  15. "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.

  16. 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 ...

  17. The environmental protection in the jurisprudence of the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Valerio de Oliveira Mazzuoli

    2015-09-01

    Full Text Available This article examines the interconnections between environmental issues and the protection of human rights, in a process that began in the United Nations Conference on the Human Environment (Stockholm, 1972 and has been developed by the greening of the regional human rights systems. In the Inter-American system the article 11 of the Additional Protocol to the American Convention on Economic, Social and Cultural Rights of 1988 — the Protocol of San Salvador — guarantees the right to a healthy environment. However the American Convention (on its arts. 3-25, 44-51 and 61-69 and its Additional Protocol (on its arts. 8, 13 and 19.6 only allow the submission of individual petitions to the Inter-American Commission and the possible acting of the Inter-American Court, in complaints containing alleged violations of civil and political rights, trade union rights and the right to education. Despite the lack of devices that are capable to ensure an effective protection to the right to a healthy environment, by itself, the Inter-American Court has demonstrated the greening of the human rights, which means, in other words, that it is quite possible to protect environmental issues by the demonstration of its interconnections with civil and political rights that are directly protected by the inter-American system. Therefore, it is necessary to understand the contributions of the jurisprudence of the Inter-American Court in the strengthening of the civil and political rights in cases related to environmental issues.

  18. 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.

  19. THE RIGHTS GRANTED TO TRADE UNIONS UNDER THE COMPANIES ACT 71 OF 2008

    Directory of Open Access Journals (Sweden)

    Heidi C Schoeman

    2013-08-01

    Full Text Available With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the workplace. It is argued that rights afforded to trade unions by the act ought to be granted only to trade unions that are registered in terms of the Labour Relations Act 66 of 1995. In addition, it is also argued that the Companies Act 71 of 2008 ought in principle to differentiate between rights that are granted to registered trade unions representing employees at the workplace and rights that are granted to registered majority trade unions, or at the least to sufficiently representative trade unions.

  20. Pilot project - Promoting protection of the right to housing

    DEFF Research Database (Denmark)

    This study was undertaken for the European Commission Directorate-General for Employment, Social Affairs & Inclusion as part of the ‘Promoting protection of the right to housing - Homelessness prevention in the context of evictions’ pilot project. The key objectives of the research were: - to pro......This study was undertaken for the European Commission Directorate-General for Employment, Social Affairs & Inclusion as part of the ‘Promoting protection of the right to housing - Homelessness prevention in the context of evictions’ pilot project. The key objectives of the research were......: - to provide an overview and analysis of available data and trends regarding housing evictions between 2010 and 2013 across the 28 EU Member States; - to establish the reasons for and impacts of eviction, in particular the relative importance of eviction as a pathway into homelessness; - to analyse...... the legislative and regulatory framework and the availability, effectiveness and cost-efficiency of measures designed to prevent and tackle evictions and enable early interventions; - to suggest ways to improve data collection and the monitoring of evictions in the Member States, identifying the most important...

  1. 77 FR 25910 - National Trails System Act and Railroad Rights-of-Way

    Science.gov (United States)

    2012-05-02

    ...] National Trails System Act and Railroad Rights-of-Way AGENCY: Surface Transportation Board, DOT. ACTION...) for rail banking and interim trail use under the National Trails System Act (Trails Act). New rules are adopted that require the parties jointly to notify the Board when an interim trail use/rail...

  2. Preserving Stability and Rights Protection: Conflict or Coherence?

    Directory of Open Access Journals (Sweden)

    Chongyi Feng

    2013-01-01

    Full Text Available The creation of a new administrative institution known as the “Stability Preservation Office” at the central level, which is overseen by the Chinese Communist Party (CCP Central Committee and has branches at every local level, from streets and townships to enterprises, and has extraordinary powers to override other regular institutions and branches of government, is a clear indication that the Chinese government’s efforts to preserve stability are not limited to the conventional business of crime control or public security. This paper traces the origin of the discourse and practice of preserving stability and the rights defence movement in China, investigating the interplay or interaction between the two. It examines the end and the means of stability preservation, explores whether the measures taken by the government to preserve stability or the rights protection actions taken by citizens are the root cause of social unrest, and whether the suppression of discontent or the improvement of human rights and social justice is the better way to achieve social stability in contemporary China. It contributes to our understanding of emerging state-society relations and the latest social and political trends in China.

  3. The Human Rights Act: What are the implications for older people?

    Science.gov (United States)

    2001-06-01

    Help the Aged is launching a report outlining the terms of the Human Rights Act and its implications both for older people themselves and for public bodies responsible for providing services to them. Tessa Harding, head of policy at Help the Aged said: 'The Human Rights Act is an important turning point for older people. Not only does it establish key rights of individuals to freedom from inhuman and degrading treatment, to private and family life and so on; it also prohibits discrimination in accessing these rights.We expect older people and their advocates to use the Act to ensure greater fairness and equality in our society.'

  4. [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.

  5. Ethical Dilemmas in Protecting Individual Rights versus Public Protection in the Case of Infectious Diseases

    Directory of Open Access Journals (Sweden)

    Kai-Lit Phua

    2013-01-01

    Full Text Available Infectious diseases—including emerging and re-emerging diseases such as Ebola and tuberculosis—continue to be important causes of morbidity and mortality in the globalizing, contemporary world. This article discusses the ethical issues associated with protecting the rights of individuals versus the protection of the health of populations in the case of infectious diseases. The discussion uses the traditional medical ethics approach together with the public health approach presented by Faden and Shebaya. 3 Infectious diseases such as Ebola hemorrhagic fever, Nipah virus and HIV/AIDS (together with tuberculosis will be used to illustrate particular points in the discussion.

  6. [Psychiatric care act of Ukraine and issues concerning reformation of the mental health protection service].

    Science.gov (United States)

    Moskalenko, V F; Gorban', E N; Tabachnikov, S I; Syropiatov, O G; Shtengelov, V V

    2000-01-01

    An analysis was performed of the conception and content of a new Psychiatric Care Act by making a comparison with data from published literature and the present-day status of the mental health protection service. The main features of the crisis of psychiatry in Ukraine are characterized together with possible ways of resolving it. Main trends in reformation of the psychiatric service are identified that are to be secured by relevant acts of departmental and interdepartmental character based on law. Priority is emphasized to defence of the patients' rights and liberties together with a need for a guarantee of a highly skilled medical care to be provided for mental patients.

  7. Environment Protection (Nuclear Codes) Act 1978, No. 32

    International Nuclear Information System (INIS)

    1978-01-01

    The purpose of this Act is to make provision for protecting the health and safety of the people of Australia, and the environment from possible harmful effects associated with nuclear activities. The competent Federal Minister, after consultation with the appropriate Minister of each State, may from time to time arrange for the formulation of codes of practice for regulating and controlling nuclear activities. Also, the Governor-General may authorize by order a Minister to take such action as is necessary to control and eliminate hazards to the health and safety of persons, or the environment, resulting from a nuclear activity. (NEA) [fr

  8. Protecting confidentiality rights: the need for an ethical practice model.

    Science.gov (United States)

    Fisher, Mary Alice

    2008-01-01

    All psychologists must uphold the same ethical standards about confidentiality even though each state imposes different legal limits on their ability to protect clients' confidences. The resulting ethical-legal confusion is exacerbated by legally based confidentiality training that treats legal exceptions as if they were the rule and fosters the impression that attorneys are now the only real experts about this aspect of practice. This article provides an ethics-based confidentiality practice model that clarifies the ethical rule and puts its legal exceptions into ethical perspective. Like the Confidentiality section of the American Psychological Association's (2002) Ethical Principles of Psychologists and Code of Conduct, this outline would apply to all psychologists regardless of state laws, but the details of its implementation would vary according to role and setting. It can be used as a universal training outline, a consultation and supervision tool, a guide to professional practice, and a basis for clearer ongoing conversation about the ethics of "conditional confidentiality." Psychologists can use this practice model to regain their status as experts about the confidentiality ethics of their own profession. PsycINFO Database Record (c) 2008 APA, all rights reserved.

  9. Protection of children's rights in the health care: problems and legal issues.

    Science.gov (United States)

    Pashkov, Vitaliy; Olefir, Andrii

    Introduction: Among all categories of patients children (minors) must be protected first. It is caused so by the specificity of the treatment, their vulnerability, the need of further protection and supervision. Providing of medical care services for children are often connected with the risks of the process of treatment, and of the drug usage. The aim: To identify the problems associated with the protection of the rights of minors and, on the basis of this, the basic guarantees of their rights, as well as mark the trends in the practice of ECHR. Materials and Methods: The study is based on its own theoretical and empirical basis. The theoretical basis include scientific articles, expert reviews of legislation and communications of non-governmental organisations, and empirical - decisions of the ECHR, international legal acts and directives of the EU. Results: The main violations of the rights of minor children include the following: - legal representatives of children do not take to the account their interests (refusal of medical intervention or the choice of certain method of interference); - medical intervention under the influence of coercion; - providing of unwarranted medical care without the corresponding testimony; - providing of inadequate medical care: when the patient was only examined and ineffective treatment was prescribed, and others. As for mentally ill children, the following rights are usually violated: for life, for a fair trial. It has been proved that defects in the provision of health care are often predetermined by the poor state logistics of hospitals, lack of financing and appropriate pediatric medicines, outdated methods of treatment, and incompetence of some doctors. Conclusions: From the point of view of protecting the rights of minors, the rights of children in medicine can be classified into universal and special. The rights correspond not only to the corresponding duties of medical staff, but also of their parents (legal

  10. The Bald and Golden Eagle Protection Act, species-based legal ...

    African Journals Online (AJOL)

    The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to ...

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

    Science.gov (United States)

    Son, Colin

    2015-07-01

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

  12. 30 CFR 250.204 - How must I protect the rights of the Federal government?

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 2 2010-07-01 2010-07-01 false How must I protect the rights of the Federal government? 250.204 Section 250.204 Mineral Resources MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE INTERIOR... Information § 250.204 How must I protect the rights of the Federal government? (a) To protect the rights of...

  13. World Heritage Protection and the Human Right to Development: Reconciling Competing or Complimentary Narratives Using a Human Rights-Based Approach (HRBA?

    Directory of Open Access Journals (Sweden)

    Josephine Gillespie

    2013-07-01

    Full Text Available In the pursuit of the protection of places worthy of World Heritage designation, controls are placed on human activities. Regulations are put in place to curb the extent to which these places of heritage significance might be compromised by inappropriate human uses. For the most part, this conservation exercise takes the form of a regulatory regime that, in reality, imposes localized restrictions on how people interact with the protected site. Such restrictions can come at considerable expense to pre-existing users, and arguably, in some instances, these restrictions may also act to simultaneously restrict “rights”. These rights arise by virtue of a raft of international and regional commitments to human rights that, in essence, aim to preserve human dignity for all. This paper explores the nexus between conservation and development through a “rights” paradigm. Arguably, it is untenable to sustain a situation in which heritage trumps user-rights without due regard for some of the rights articulated within the human rights narrative. Heritage protection must be seen as a question of balance wherein conservation, development and rights are reconciled. It is argued that the adoption of a human rights-based approach (HRBA to conservation may aid in the reconciliation of these goals.

  14. Protecting personal information: Implications of the Protection of Personal Information (POPI) Act for healthcare professionals.

    Science.gov (United States)

    Buys, M

    2017-10-31

    Careless handling of patient information in daily medical practice can result in Health Professions Council of South Africa sanction, breach of privacy lawsuits and, in extreme cases, serious monetary penalty or even imprisonment. This review will focus on the Protection of Personal Information (POPI) Act (No. 4 of 2013) and the implications thereof for healthcare professionals in daily practice. Recommendations regarding the safeguarding of information are made.

  15. Litigation against dermatosurgeons and cosmetologists and consumer protection act

    Directory of Open Access Journals (Sweden)

    Neerja Puri

    2013-01-01

    Full Text Available The concept of beauty has acquired new dimensions due to the increasing awareness in general public about the aesthetic procedures. The problems between the patient and the cosmetologists arise when the patients expectations become very high and unrealistic. The classical concept of doctor – patient relationship born in the golden days of family physicians has undergone drastic change due to dramatic advancement in medical technology, availability of sophisticated imaging system, high tech electronics and preponderance of new diseases. However, the accountability of the doctors under the law of professional negligence has emerged as a debatable issue among the medical fraternity all over the country after the enactment of the consumer protection act, 1986, which has not only changed the law of medical negligence1, but created an inexpensive and speedy remedy against medical malpractice.

  16. The balancing act between the constitutional right to strike and the ...

    African Journals Online (AJOL)

    (a) a service the interruption of which endangers the life, personal safety or health of the whole or ... companies act through organs such as the board of directors. ... Once a right to strike is recognised, an application for the right to picket must.

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

    Science.gov (United States)

    Rosenbaum, Sara; Schmucker, Sara

    2017-10-01

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

  18. Protection of asylum seekers and illegal migrants human rights: Practice of the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Đukanović Anđela

    2015-01-01

    Full Text Available Protection of asylum seeker and Illegal migrants human rights, has often been difficult due to the need of states to regulate unwanted migration flows. European Court of Human Rights plays an important role in protecting the rights of these individuals, through a set of human rights. Requests for interim measures under Rule 39 of the Rules of Court also have great importance. In cases involving illegal migrants and asylum-seekers, Court was often in difficult position, given the contradictions that could arise from the protection of human rights and the legitimate aim of the Contracting States to control the entry, residence and expulsion of aliens. Recent Courts judgment in case of M. S. S. against Belgium is particularly important, because of its remarkable influence on the perception of a common asylum system in the EU, as well as the judgment in the case of Jama Hirsi and Others v. Italy.

  19. 75 FR 52512 - Acceptance of Public Submissions on the Wall Street Reform and Consumer Protection Act and the...

    Science.gov (United States)

    2010-08-26

    ... and Consumer Protection Act and the Rulemakings That Will Be Proposed by the Commission AGENCY...-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'') was enacted on July 21, 2010... Consumer Protection Act (``Dodd-Frank Act''), Public Law 111-203, was enacted. The Dodd-Frank Act will...

  20. Environmental stress, displacement and the challenge of rights protection

    Directory of Open Access Journals (Sweden)

    Roger Zetter

    2014-02-01

    Full Text Available "Examination of migration histories and current politics in Kenya, Bangladesh, Vietnam, Ethiopia and Ghana sheds light on how rights are articulated for groups and individuals displaced in a context of environmental stress and climate change. Both migration and rights are sensitive issues in these case-study countries, and the conjunction of the two is especially sensitive."

  1. Preparation and Evaluation of Children's Rights Education Curriculum: An Action Research Regarding on Protection Rights Module

    Science.gov (United States)

    Uçus, Sükran; Dedeoglu, Hakan

    2016-01-01

    Children's rights education is to enable children to gain the necessary social behaviors and essential knowledge for creating a democratic society that is based on respecting human rights. The purpose of this study was to investigate the preparation, application and assessment of a curriculum for teaching children's rights in elementary education.…

  2. 77 FR 70583 - Patient Protection and Affordable Care Act; Health Insurance Market Rules; Rate Review

    Science.gov (United States)

    2012-11-26

    ... Parts 144, 147, 150, et al. Patient Protection and Affordable Care Act; Health Insurance Market Rules... and 156 [CMS-9972-P] RIN 0938-AR40 Patient Protection and Affordable Care Act; Health Insurance Market... Affordable Care Act with respect to health insurance issuers and group health plans that are non-federal...

  3. Child Protection and Family Empowerment: Competing Rights or Accordant Goals?

    Science.gov (United States)

    Gentles-Gibbs, Natallie

    2016-01-01

    Since the advent of the Family Support movement in the 1970s, child welfare systems have been challenged to simultaneously protect children and empower the families they serve. Despite the passage of decades, however, the systems continue to struggle with adequately integrating the pursuit of family empowerment into the fabric of their work. While…

  4. Protecting the Minor by Guardianship. Guardian’s Rights and Obligations and Parental Rights and Obligations. Comparative Aspects

    OpenAIRE

    Gavrilescu, Alin-Gheorghe

    2010-01-01

    The minor’s guardianship is a juridical institution by means of which the person called guardian provides the protection of the child’s person and patrimony, because the child does not have temporarily or irrevocably his parents’ protection or, in order to accomplish his interests, the child cannot be let in their care. As the content of protecting the minor by parents, the one of protecting him or her by guardianship is formed by a personal side, composed of the rights and the obligations ha...

  5. State duties of protection and fundamental rights | Starck ...

    African Journals Online (AJOL)

    The development of the constitutional state gave rise to the significance of the ... personal freedom, the right to autonomous development of one's personality, freedom of science, research and teaching, marriage and the family, children, ...

  6. An Examination of the Child Rights Protection and Corporal

    African Journals Online (AJOL)

    Mofasony

    Black's Law Dictionary7 defined a child as a person ..... A wooden frame with holes into which somebody's head and hands could be locked, ..... Jack Donelly Universal Human Rights in Theory and in Practice, Ithaca and London: Cornel.

  7. Decentralisation, Participation and Boundaries of Transformation: Forest Rights Act, Wayanad, India

    Directory of Open Access Journals (Sweden)

    Sudheesh R. Chemmencheri

    2013-05-01

    Full Text Available Participation and decentralisation have been shown to yield democratic outcomes in terms of efficiency, accountability and transparency through citizen engagement and devolution of powers. It has been a matter of debate whether they also benefit marginalised communities like the indigenous peoples. This paper analyzes the implications of decentralised governance in a tribal zone in India using the case of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act 2006 − the Forest Rights Act. The effects of the Act are studied in the district of Wayanad, Kerala, through the theoretical framework of transformative decentralisation and spatial politics of participation. The key objectives of the Act − securing tenure and access to Minor Forest Produce − have achieved limited success in Wayanad as a result of a narrowly construed ideas of people’s participation. While the process prescribed by the Forest Rights Act has the potential to create new spaces for participation, most of these spaces remain closed in Wayanad. The absence of a larger vision and a radical motive to engage with the underlying patterns of domination and subordination in society has confined the process of decentralisation to its technocratic essentials, raising questions on the extent to which the Act can pave the way for transformation.

  8. An Examination of the Child Rights Protection and Corporal ...

    African Journals Online (AJOL)

    There is a saying that cuts across the nation that “children are the future.” They are the future of any family, country etc. To this extent, it is the duty of every government and society to ensure that children are given every care, help, protection, training and education, they may need, in order to grow into useful citizens and ...

  9. We Should Protect Women’s Right of Abortion

    Institute of Scientific and Technical Information of China (English)

    李玉萍

    2015-01-01

    <正>Many countries have legalized abortion such as China,America,Japan,France and Italy,but still about one third women cannot have a legal abortion around the world(Debate on Legality).Although two thirds women are protected by law on abortion,some of them cannot get support from others due to the bondage of religions and morality.Some people,especially

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

    Science.gov (United States)

    Allen, James P; Bales, Richard A

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

  11. Current global standards for chemical protective clothing: how to choose the right protection for the right job?

    Science.gov (United States)

    VAN WELY, Eric

    2017-01-01

    The first standards for chemical protective clothing (CPC) emerged mid to late 1980’s and have evolved since as most standards are revisited every 5 yr. Over the past years, we have also seen a strengthening of the chemical and worker protection legislation around the globe (various forms of REACH) but also protection of workers. The most prevalent standards originate under the auspices of the International Standards Organisation (ISO), European Committee for Standardisation (CEN) or under various US standards organisations (e.g. NFPA, ASTM). Protective clothing against hazardous materials is required in many of the professional and non-professional activities of everyday life. Effective and adequate protection is important in many scenarios from household (e.g. cleaning agents, peroxides, acids and bases, paints), to agricultural (e.g. fuel, pesticides), to medical (e.g. pharmaceuticals and active ingredients), to industrial production (e.g. petro-chemicals, chemicals, paints, adhesive and coatings) but also manufacturing of many products (e.g. light bulbs, cars, semi-conductors), during various emergency activities (e.g. boat, rail or road accidents as well as fire-fighting in an urban and industrial setting), and finally, military operations or response to incidents of terrorism. Nevertheless, CPC must remain the last line of defence whenever possible through a preference for less hazardous chemicals, less dangerous processes and handling operations, and by engineering controls to reduce and minimise human contact with the chemicals. This article provides information about the selection, use, care and maintenance (SUCAM) of protective clothing against chemical and microbiological hazards. PMID:29046493

  12. 1992 Toxic Chemical Release Inventory: Emergency Planning and Community Right-To-Know-Act of 1986 Section 313

    International Nuclear Information System (INIS)

    1993-07-01

    Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) requires the annual submittal of toxic chemical release information to the US Environmental Protection Agency (EPA). The following document is the July 1993 submittal of the EPCRA Toxic Chemical Release Inventory Report (Form R). Included is a Form R for chlorine and for lead, the two chemicals used in excess of the established regulatory thresholds at the Hanford Site by the US Department of Energy, Richland Operations Office and its contractors during calendar year 1992

  13. [New patients' rights act--what do we have to consider?].

    Science.gov (United States)

    Kranz, J; Wartensleben, H; Steffens, J

    2014-05-01

    The controversially discussed act of improving the rights of patients entered into force in Germany on 26 February 2013 without any transitional period. The current law of patients "rights brings together patients" rights at one uniform place in the civil code (BGB, "Bürgerlichen Gesetzbuch") and should, therefore, attract the medical stakeholders' interest. The new patients "rights law improves the patients" position concerning both treatment and doctor's liability law and is supposed to strengthen a new "error culture" in health care. Similarly, clinical and daily practice becomes more complex with high levels of bureaucracy and the patient-physician relation shifts in favour of meticulous documentation.

  14. Regulations under the Radiation Protection and Control Act, 1982, No. 221 of 1984

    International Nuclear Information System (INIS)

    1984-01-01

    These Regulations made under the Radiation Protection and Control Act of 1982, amend several numerical quotations contained in the Radiation Safety (Transport) Regulations, No. 27, 1984, also made under the above mentioned Act. (NEA) [fr

  15. The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

    OpenAIRE

    MSc. Albana Metaj-Stojanova

    2017-01-01

    The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically ov...

  16. 29 CFR 825.220 - Protection for employees who request leave or otherwise assert FMLA rights.

    Science.gov (United States)

    2010-07-01

    ... (other than health benefits), the same benefits would be required to be provided to an employee on unpaid..., restraining, or denying the exercise of (or attempts to exercise) any rights provided by the Act. (2) An..., restraining, or denying the exercise of rights provided by the Act. An employer may be liable for compensation...

  17. Eu accession to the ECHR: Enlarging the human rights protection in Europe

    Directory of Open Access Journals (Sweden)

    Krstić Ivana

    2016-01-01

    Full Text Available This paper deals with the importance of the EU accession to the ECHR, as the most significant regional instrument for human rights protection. The paper outlines the evolution of the idea of the accession to the ECHR, different stages of that process, as well as a Draft agreement which attempted to resolve some complex legal issues relating to the specific nature of the EU legal system. In the second part of this paper, the Opinion 2/13 of the CJEU from December 2014 has been analyzed, which basically interrupted the entire accession process. It is noted that currently the ECtHR has only an indirect constitutional control over the EU's legal order by examining laws of the Member States. The EU accession to the ECHR would allow examination of all acts and measures in the EU from the human rights perspective, including those over which the CJEU does not have full oversight function. Therefore, the authors argue that due to the establishment of legal certainty and external control over acts of the EU institutions, it is necessary to find a way for the continuation of the accession process, as soon as possible. There are two possible scenarios: a re-negotiation of the agreement on accession, or modification of the EU Treaties. Both solutions seem almost impossible in the created political milieu. However, there is a hope that negotiations will continue due to the influence of the Avotiņš judgment from May 2016 in which the ECtHR upheld the principle of equal protection from the Bosphorus case, pointing to the importance of maintaining mutual trust between two courts, as well as the need for the establishment of greater credibility and EU strengthening after Brexit.

  18. The Patient Protection and Affordable Care Act and the regulation of the health insurance industry.

    Science.gov (United States)

    Jha, Saurabh; Baker, Tom

    2012-12-01

    The Patient Protection and Affordable Care Act is a comprehensive and multipronged reform of the US health care system. The legislation makes incremental changes to Medicare, Medicaid, and the market for employer-sponsored health insurance. However, it makes substantial changes to the market for individual and small-group health insurance. The purpose of this article is to introduce the key regulatory reforms in the market for individual and small-group health insurance and explain how these reforms tackle adverse selection and risk classification and improve access to health care for the hitherto uninsured or underinsured population. Copyright © 2012 American College of Radiology. Published by Elsevier Inc. All rights reserved.

  19. Yugoslavia: Act of 21 November 1984 on radiation protection and the safe use of nuclear energy

    International Nuclear Information System (INIS)

    1985-01-01

    This Act which entered into force on 1 December 1984 repeals the 1976 Act on Protection against Ionizing Radiation and regulates most of the peaceful uses of nuclear energy and radiation protection in Yugoslavia. The Act lays down the licensing procedure for nuclear installations and covers safety-related questions in connection with standards, technical criteria etc. It also takes into account several areas regulated at international level, namely safeguards and physical protection of nuclear material. (NEA) [fr

  20. Danish Mortgage Finance, Property Rights Protection and Economic Development

    DEFF Research Database (Denmark)

    Haldrup, Karin

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

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

    NARCIS (Netherlands)

    E. Palmer (Ellie)

    2009-01-01

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

  2. Application of section 30 of the restitution of land rights act in the ...

    African Journals Online (AJOL)

    In terms of section 30 of the Restitution of Land Rights Act 22 of 1994, the court is allowed to "admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether or not such evidence would be admissible in any other court of law". This means that the normal rules of ...

  3. Identifying the gaps: Armenian health care legislation and human rights in patient care protections.

    Science.gov (United States)

    Zopunyan, Violeta; Krmoyan, Suren; Quinn, Ryan

    2013-12-12

    Since the collapse of the Soviet Union, the Republic of Armenia has undergone an extensive legislative overhaul. Although a number of developments have aimed to improve the quality and accessibility of Armenia's health care system, a host of factors has prevented the country from fully introducing measures to ensure respect for human rights in patient care. In particular, inadequate health care financing continues to oblige patients to make both formal and informal payments to obtain basic medical care and services. More generally, a lack of oversight and monitoring mechanisms has obstructed the implementation of Armenia's commitments to human rights in several international agreements. Within the framework of a broader project on promoting human rights in patient care, research was carried out to examine Armenia’s health care legislation with the aim of identifying gaps in comparison with international and regional standards. This research was designed using the 14 rights enshrined in the European Charter on Patient Rights as guiding principles, along with domestic legal acts relevant to the rights of health care providers. The gaps analysis revealed numerous problems with Armenian legislation governing the relationships between stakeholders in health care service delivery. It also identified several practical inconsistencies with the international legal instruments ratified by the Armenian government. These legislative shortcomings are illustrated by highlighting key health-related rights violations experienced by patients and their health care providers, and by indicating opportunities for improved rights protections. A full list of human rights relevant to patient care and recommendations for promoting them in the Armenian context is provided in Tables 1 and 2. A number of initiatives must be undertaken in order to promote the full spectrum of human rights in patient care in Armenia. This section highlights certain recommendations flowing from the findings of

  4. Semantically transparent fingerprinting for right protection of digital cinema

    Science.gov (United States)

    Wu, Xiaolin

    2003-06-01

    Digital cinema, a new frontier and crown jewel of digital multimedia, has the potential of revolutionizing the science, engineering and business of movie production and distribution. The advantages of digital cinema technology over traditional analog technology are numerous and profound. But without effective and enforceable copyright protection measures, digital cinema can be more susceptible to widespread piracy, which can dampen or even prevent the commercial deployment of digital cinema. In this paper we propose a novel approach of fingerprinting each individual distribution copy of a digital movie for the purpose of tracing pirated copies back to their source. The proposed fingerprinting technique presents a fundamental departure from the traditional digital watermarking/fingerprinting techniques. Its novelty and uniqueness lie in a so-called semantic or subjective transparency property. The fingerprints are created by editing those visual and audio attributes that can be modified with semantic and subjective transparency to the audience. Semantically-transparent fingerprinting or watermarking is the most robust kind among all existing watermarking techniques, because it is content-based not sample-based, and semantically-recoverable not statistically-recoverable.

  5. 75 FR 60408 - Government Programs To Assist Businesses Protect Their Intellectual Property Rights (IPR) in...

    Science.gov (United States)

    2010-09-30

    ... DEPARTMENT OF COMMERCE International Trade Administration Government Programs To Assist Businesses Protect Their Intellectual Property Rights (IPR) in Foreign Markets: Request of the International Trade... Property Rights, International Trade Administration, Department of Commerce. ACTION: Request for written...

  6. Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty Rights

    Science.gov (United States)

    Interagency Memorandum of Understanding (MOU) affirming protection of tribal treaty rights and similar tribal rights relating to natural resources when federal action is taken. It will be updated as additional federal agencies become signatories.

  7. Will the new Consumer Protection Act prevent harm to nutritional supplement users?

    Science.gov (United States)

    Gabriels, Gary; Lambert, Mike; Smith, Pete; Hiss, Donavon

    2011-07-25

    BACKGROUND. There is no clear distinction between the regulation of food, supplements and medicines in South Africa. Consequently, grey areas exist in implementing the legislation, particularly in the supplement industry. The increase in supplement sales in South Africa can be attributed to aggressive marketing by manufacturers whose claims are not always supported by published peer-reviewed evidence. Such claims often go unchecked, resulting in consumers being mislead about the role of supplements. As a result of poor regulation, contaminants or adulterants in supplements may also cause insidious effects unrelated to the listed ingredients. AIM. To assess the regulations, legislation, and claims associated with nutritional supplement products in South Africa. METHOD. Peer-reviewed literature and the relevant South African statutes were consulted. RESULTS. The National Health Act incorporates the Medicine Control Council, which is charged with ensuring the safety, quality and effectiveness of medicines, and related matters, including complementary/alternative medicines. The South African Institute for Drug-Free Sport and Amendment Act provides for testing athletes for using banned substances, but currently does not concern itself with monitoring nutritional supplements for contaminants or adulterants that may cause a positive drug test, which has implications for sports participants and also the health of the general population. The implementation of the Consumer Protection Act 68 of 2008 (CPA) could protect consumer rights if it is administered and resourced appropriately. CONCLUSION. The CPA should promote greater levels of policy development, regulatory enforcement, and consumer education of South Africa's supplement industry.

  8. 28 CFR 50.3 - Guidelines for the enforcement of title VI, Civil Rights Act of 1964.

    Science.gov (United States)

    2010-07-01

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

  9. Social protection and the citizen rights in Latin America: a narrative revision

    Directory of Open Access Journals (Sweden)

    Álvaro Franco G

    2008-06-01

    Full Text Available Social protection includes all the economic, political and social variables that guarantee protection amidst the adversity that can damage the rights to health, employment, well-being, and quality of life. Objective: to unveil the link between the systems of social protection in Latin America and the fulfillment of social rights. Method: from the start point of documentary revision, a comparison among the different models of social protection applied in Latin America and the diverse types of citizen rights in the last decades is carried out. Several approaches of social protection are considered: social attendance, social security and social insurance; and additionally, the Minimum Networks of Social Protection (m n s p of the 80’s, and the recent social protection as social risk management of the World Bank. The classification of the human rights are again took up: civil, political and social rights.Discussion: difficulties in Latin America that condition the model of social protection according to differences among social levels, the fragmentation of the social policy and the prevailing conditions of inequity that deny the possibilities of citizen rights to be effective are pointed out. In conclusion, the total fulfillment of social rights is feasible through the development of models of social protection capable of covering all the population and all the implied risks, not only in the work by itself but in the integral human development.

  10. 1995 Toxic chemical release inventory: Emergency Planning and Community Right-to-Know Act of 1986, Section 313

    International Nuclear Information System (INIS)

    Mincey, S.L.

    1996-08-01

    Section 313 of the Emergency Planning and Community Right-To-Know Act (EPCRA) requires the annual submittal of toxic chemical release information to the U.S. Environmental Protection Agency.Executive Order 12856, 'Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements' extends the requirements of EPCRA to all Federal agencies. The following document is the August 1996 submittal of the Hanford Site Toxic Chemical Release Inventory report. Included is a Form R for ethylene glycol, the sole chemical used in excess of the established regulatory thresholds at the Hanford Site by the U.S. Department of Energy, Richland Operations Office and its contractors during Calendar Year 1995

  11. 45 CFR 2554.52 - How does the Corporation protect the rights of defendants?

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false How does the Corporation protect the rights of... Appeals § 2554.52 How does the Corporation protect the rights of defendants? These procedures separate the functions of the investigating official, reviewing official, and the ALJ, each of whom report to a separate...

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

    Directory of Open Access Journals (Sweden)

    Юрій Миколайович Моісеєнко

    2017-03-01

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

  13. 16 CFR 313.16 - Protection of Fair Credit Reporting Act.

    Science.gov (United States)

    2010-01-01

    ... CONGRESS PRIVACY OF CONSUMER FINANCIAL INFORMATION Relation to Other Laws; Effective Date § 313.16 Protection of Fair Credit Reporting Act. Nothing in this part shall be construed to modify, limit, or... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Protection of Fair Credit Reporting Act. 313...

  14. 12 CFR 216.16 - Protection of Fair Credit Reporting Act.

    Science.gov (United States)

    2010-01-01

    ... PRIVACY OF CONSUMER FINANCIAL INFORMATION (REGULATION P) Relation to Other Laws; Effective Date § 216.16 Protection of Fair Credit Reporting Act. Nothing in this part shall be construed to modify, limit, or... 12 Banks and Banking 2 2010-01-01 2010-01-01 false Protection of Fair Credit Reporting Act. 216.16...

  15. 12 CFR 573.16 - Protection of Fair Credit Reporting Act.

    Science.gov (United States)

    2010-01-01

    ... CONSUMER FINANCIAL INFORMATION Relation to Other Laws; Effective Date § 573.16 Protection of Fair Credit Reporting Act. Nothing in this part shall be construed to modify, limit, or supersede the operation of the... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Protection of Fair Credit Reporting Act. 573.16...

  16. 12 CFR 716.16 - Protection of Fair Credit Reporting Act.

    Science.gov (United States)

    2010-01-01

    ... PRIVACY OF CONSUMER FINANCIAL INFORMATION Relation to Other Laws; Effective Date § 716.16 Protection of Fair Credit Reporting Act. Nothing in this part shall be construed to modify, limit, or supersede the... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Protection of Fair Credit Reporting Act. 716.16...

  17. 12 CFR 332.16 - Protection of Fair Credit Reporting Act.

    Science.gov (United States)

    2010-01-01

    ... GENERAL POLICY PRIVACY OF CONSUMER FINANCIAL INFORMATION Relation to Other Laws; Effective Date § 332.16 Protection of Fair Credit Reporting Act. Nothing in this part shall be construed to modify, limit, or... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Protection of Fair Credit Reporting Act. 332.16...

  18. 14 CFR 374.3 - Compliance with the Consumer Credit Protection Act and regulations.

    Science.gov (United States)

    2010-01-01

    ... requirements of the Consumer Credit Protection Act, 15 U.S.C. 1601-1693r. Any violation of the following... PROTECTION ACT WITH RESPECT TO AIR CARRIERS AND FOREIGN AIR CARRIERS § 374.3 Compliance with the Consumer... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Compliance with the Consumer Credit...

  19. 76 FR 48811 - Computer Matching and Privacy Protection Act of 1988

    Science.gov (United States)

    2011-08-09

    ... CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Computer Matching and Privacy Protection Act of... of the Computer Matching and Privacy Protection Act of 1988 (54 FR 25818, June 19, 1989), and OMB... Security Administration (``SSA''). DATES: CNCS will file a report on the computer matching agreement with...

  20. The Protection of Fundamental Rights of Migrant Workers Face to Vulnerability

    OpenAIRE

    Silva, Juliana Giovanetti Pereira Da; Giovanetti, Lais

    2015-01-01

    This article intends to present reflections on issues relevant to migration and contemporary movements. The main constitutional protections, international and infra laws that ensure the rights of migrant workers entering the country in search of better job opportunities are highlighted here. Search up also emphasize the protection of fundamental rights and the consideration of human dignity as base principle of this protection. As well as labor mobility reflexes in industrial relations and vu...

  1. The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification

    Directory of Open Access Journals (Sweden)

    Johann C Knobel

    2015-12-01

    Full Text Available The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to extend protection also to the Golden Eagle Aquila chrysaetos. The Bald Eagle was an Endangered Species, but the Golden Eagle was not formally listed as Endangered nationwide in the USA. One of the reasons for extending legal protection to the Golden Eagle under the Act was to strengthen the legal protection of the Bald Eagle, because immature Bald Eagles were being misidentified as Golden Eagles and shot. Additional factors relating to Golden Eagle mortality also made legal protection of the Golden Eagle desirable. The danger that a rare and legally protected species can be misidentified and mistaken for a more common and unprotected species can therefore serve as a reason for bestowing legal protection on the more common species as well. Other factors may also indicate that legal protection of the more common species is desirable, making the case more compelling. If this line of reasoning is applied in respect of South African birds of prey, a strong case can be made in favour of extending legal protection under the national biodiversity legislation to more species than the small number of species currently enjoying such protection. Species that are listed as Vulnerable under South African national biodiversity legislation may be misidentified as species that are not subject to such protection. Additional factors are also present that make such an extension of legal protection desirable.

  2. 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 ...

  3. The Evolution of Human Rights Protection within the EU Legal System

    OpenAIRE

    Tăbușcă Silvia

    2012-01-01

    Having in mind the EU’s policy to rebuild the democratic systems within the former Europeancommunist countries and its involvement in international actions regarding human rights enforcement, thereis no doubt about the importance of individuals rights protection in the European Union’s legal system. In thisrespect, the present paper analyzes the evolution of the principle of EU’s human rights protection. Theresearch done on the EU legislation and courts’ jurisprudence shows that there are thr...

  4. Conceptualising the right to data protection in an era of Big Data

    Directory of Open Access Journals (Sweden)

    Yvonne McDermott

    2017-01-01

    Full Text Available In 2009, with the enactment of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union entered into force. Under Article 8 of the Charter, for the first time, a stand-alone fundamental right to data protection was declared. The creation of this right, standing as a distinct right to the right to privacy, is undoubtedly significant, and it is unique to the European legal order, being absent from other international human rights instruments. This commentary examines the parameters of this new right to data protection, asking what are the principles underpinning the right. It argues that the right reflects some key values inherent in the European legal order, namely: privacy, transparency, autonomy and nondiscrimination. It also analyses some of the challenges in implementing this right in an era of ubiquitous veillance practices and Big Data.

  5. 75 FR 51429 - Definitions Contained in Title VII of Dodd-Frank Wall Street Reform and Consumer Protection Act

    Science.gov (United States)

    2010-08-20

    ... VII of Dodd-Frank Wall Street Reform and Consumer Protection Act AGENCY: Securities and Exchange... comments. SUMMARY: The Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act... requirements. \\1\\ Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law No. 111-203, 124 Stat...

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

    Directory of Open Access Journals (Sweden)

    Олег Степанович Ткачук

    2016-06-01

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

  7. 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

  8. ASPECTS OF THE EVOLUTION OF HUMAN RIGHTS PROTECTION IN THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    NICOLAE PURDĂ

    2013-05-01

    Full Text Available Human rights protection within the European Community and the European Union has developed judicially, the human rights being protected by the Community Courts as general principles of Community law. The Treaty of Maastricht and the Treaty of Amsterdam have codified the Community law within the area of human rights. The codification of European Union’s concept of human rights in a single document was realized by adopting the Charter of Fundamental Rights of the European Union, on 7 December 2000 in Nice, whose provisions acquired legally binding under the Treaty of Lisbon.

  9. Protection of unaccompanied minor refugees’ rights in accordance with the Convention on the Rights of the Child

    OpenAIRE

    Berg, Christina Myrvang

    2017-01-01

    In 2015, the total number of refugees in the world reached 21.3 million. Over half of these were children. And the majority of these minors were unaccompanied, traveling alone without their family, trying to find a safer place to continue their lives. The Norwegian government is obligated to protect the rights of unaccompanied minors, (15 to 18 years old), in accordance with the United Nations Convention on the Rights of the Child. The aim of this research have been to investigate how the hum...

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

    Science.gov (United States)

    Pomeranz, Jennifer L

    2018-01-01

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

  11. 29 CFR 1620.27 - Relationship to the Equal Pay Act of title VII of the Civil Rights Act.

    Science.gov (United States)

    2010-07-01

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

  12. Implementing Biocriteria: Coral Reef Protection Using the Clean Water Act

    Science.gov (United States)

    Biological assessments (surveying the presence, number, size and condition of fish, coral and other biota) provide important information about the health and integrity of coral reef ecosystems. Biological criteria are one means under the Clean Water Act (CWA) that managers can us...

  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. Improved Safety and Efficiency of Protected/Permitted Right-Turns in Oregon

    Science.gov (United States)

    2018-05-01

    This research aimed to develop an understanding of the safety and operational implications of using the flashing yellow arrow (FYA) in permitted and protected/permitted right turn (PPRT) operations to maximize safety and efficiency. This report inclu...

  15. Monitoring and Mitigation Alternatives for Protection of North Atlantic Right Whales during Offshore Wind Farm Installation

    Energy Technology Data Exchange (ETDEWEB)

    Carlson, Thomas J. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Halvorsen, Michele B. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Matzner, Shari [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Copping, Andrea E. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); Stavole, Jessica [Pacific Northwest National Lab. (PNNL), Richland, WA (United States)

    2012-09-01

    Progress report on defining and determining monitoring and mitigation measures for protecting North Atlantic Right Whales from the effects of pile driving and other activities associated with installation of offshore wind farms.

  16. Protection from psychosocial risks at work under the European Convention on Human Rights: is it possible?

    Science.gov (United States)

    Sychenko, Elena

    2016-09-01

    This paper argues the possibility of establishing common principles of protection from psychosocial risks (PSR) on the basis of the legal positions of the European Court of Human Rights (the Court) expressed in recent cases on degrading treatment and occupational health. The author focuses on the positive obligations of the States to ensure the protection of the right for life and of the right to respect for private life. The prohibition of degrading treatment in relations between private persons is also considered as relevant to the issue of the protection from PSR. Analyzing the Court's case law (judgments of the Court) we substantiate the possibility of claiming protection from PSR under the European Convention on Human Rights, namely, articles 2, 3 and 6, 8.

  17. Strengthening the human rights framework to protect breastfeeding: a focus on CEDAW

    OpenAIRE

    Galtry, Judith

    2015-01-01

    Background There have been recent calls for increased recognition of breastfeeding as a human right. The United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW) is the core human rights treaty on women. CEDAW?s approach to breastfeeding is considered from an historical perspective. A comparison is drawn with breastfeeding protection previously outlined in the International Labour Organization?s Maternity Protection Convention, 1919 (ILO C3), and...

  18. Implication Of Protection And Fulfillment Of Women's Political Rights Through Affirmative Action Policy

    Directory of Open Access Journals (Sweden)

    Nur Asikin

    2017-03-01

    Full Text Available One group of citizens who because of the conditions require special treatment is women. Without special treatment or affirmative action, women will not be able to access the protection and fulfillment of their constitutional rights because of the differences and distinctions generated and perpetuated by the structure of patriarchal society. The protection and fulfillment of constitutional rights without special treatment will tend to maintain discrimination against women and unable to achieve justice

  19. Emergency Planning and Community Right-To-Know Act, Section 311

    International Nuclear Information System (INIS)

    Evans, R.A.; Martin, K.J.

    1996-03-01

    The following information reflects changes in the lists of hazardous chemicals present at this facility in amounts equal to or greater than 10,000 pounds and extremely hazardous substances present in amounts equal to or greater than 500 pounds or its Threshold Planning Quantity, whichever was lowest. These lists represent the following: list of materials last reported in February 1995; materials to be deleted from list; materials to be added to list; and revised list of materials. The revised list of materials is a composite of the Y-12 Plant Emergency Planing and Community Right-to-Know Act Section 312 report prepared and submitted for calendar year 1995

  20. 75 FR 6703 - Notice of Rights and Protections Available Under the Notification and Federal Employee...

    Science.gov (United States)

    2010-02-10

    ... Antidiscrimination Laws and Whistleblower Protection Laws sections. Disciplinary Actions Under the existing laws... existing laws or permits an agency to take unfounded disciplinary action against a federal employee or to... Commission. ACTION: No FEAR Act Notice. SUMMARY: The National Indian Gaming Commission (NIGC) is publishing...

  1. The UK National DNA Database: Implementation of the Protection of Freedoms Act 2012.

    Science.gov (United States)

    Amankwaa, Aaron Opoku; McCartney, Carole

    2018-03-01

    In 2008, the European Court of Human Rights, in S and Marper v the United Kingdom, ruled that a retention regime that permits the indefinite retention of DNA records of both convicted and non-convicted ("innocent") individuals is disproportionate. The court noted that there was inadequate evidence to justify the retention of DNA records of the innocent. Since the Marper ruling, the laws governing the taking, use, and retention of forensic DNA in England and Wales have changed with the enactment of the Protection of Freedoms Act 2012 (PoFA). This Act, put briefly, permits the indefinite retention of DNA profiles of most convicted individuals and temporal retention for some first-time convicted minors and innocent individuals on the National DNA Database (NDNAD). The PoFA regime was implemented in October 2013. This paper examines ten post-implementation reports of the NDNAD Strategy Board (3), the NDNAD Ethics Group (3) and the Office of the Biometrics Commissioner (OBC) (4). Overall, the reports highlight a considerable improvement in the performance of the database, with a current match rate of 63.3%. Further, the new regime has strengthened the genetic privacy protection of UK citizens. The OBC reports detail implementation challenges ranging from technical, legal and procedural issues to sufficient understanding of the requirements of PoFA by police forces. Risks highlighted in these reports include the deletion of some "retainable" profiles, which could potentially lead to future crimes going undetected. A further risk is the illegal retention of some profiles from innocent individuals, which may lead to privacy issues and legal challenges. In conclusion, the PoFA regime appears to be working well, however, critical research is still needed to evaluate its overall efficacy compared to other retention regimes. Copyright © 2018 Elsevier B.V. All rights reserved.

  2. Beyond formal groups: neighboring acts and watershed protection in Appalachia

    Directory of Open Access Journals (Sweden)

    Heather Lukacs

    2016-09-01

    Full Text Available This paper explores how watershed organizations in Appalachia have persisted in addressing water quality issues in areas with a history of coal mining. We identified two watershed groups that have taken responsibility for restoring local creeks that were previously highly degraded and sporadically managed. These watershed groups represent cases of self-organized commons governance in resource-rich, economically poor Appalachian communities. We describe the extent and characteristics of links between watershed group volunteers and watershed residents who are not group members. Through surveys, participant observation, and key-informant consultation, we found that neighbors – group members as well as non-group-members – supported the group's function through informal neighboring acts. Past research has shown that local commons governance institutions benefit from being nested in supportive external structures. We found that the persistence and success of community watershed organizations depends on the informal participation of local residents, affirming the necessity of looking beyond formal, organized groups to understand the resources, expertise, and information needed to address complex water pollution at the watershed level. Our findings augment the concept of nestedness in commons governance to include that of a formal organization acting as a neighbor that exchanges informal neighboring acts with local residents. In this way, we extend the concept of neighboring to include interactions between individuals and a group operating in the same geographic area.

  3. Cabotegravir long acting injection protects macaques against intravenous challenge with SIVmac251.

    Science.gov (United States)

    Andrews, Chasity D; Bernard, Leslie St; Poon, Amanda Yee; Mohri, Hiroshi; Gettie, Natanya; Spreen, William R; Gettie, Agegnehu; Russell-Lodrigue, Kasi; Blanchard, James; Hong, Zhi; Ho, David D; Markowitz, Martin

    2017-02-20

    We evaluated the effectiveness of cabotegravir (CAB; GSK1265744 or GSK744) long acting as preexposure prophylaxis (PrEP) against intravenous simian immunodeficiency virus (SIV) challenge in a model that mimics blood transfusions based on the per-act probability of infection. CAB long acting is an integrase strand transfer inhibitor formulated as a 200 mg/ml injectable nanoparticle suspension that is an effective PrEP agent against rectal and vaginal simian/human immunodeficiency virus transmission in macaques. Three groups of rhesus macaques (n = 8 per group) were injected intramuscularly with CAB long acting and challenged intravenously with 17 animal infectious dose 50% SIVmac251 on week 2. Group 1 was injected with 50 mg/kg on week 0 and 4 to evaluate the protective efficacy of the CAB long-acting dose used in macaque studies mimicking sexual transmission. Group 2 was injected with 50 mg/kg on week 0 to evaluate the necessity of the second injection of CAB long acting for protection against intravenous challenge. Group 3 was injected with 25 mg/kg on week 0 and 50 mg/kg on week 4 to correlate CAB plasma concentrations at the time of challenge with protection. Five additional macaques remained untreated as controls. CAB long acting was highly protective with 21 of the 24 CAB long-acting-treated macaques remaining aviremic, resulting in 88% protection. The plasma CAB concentration at the time of virus challenge appeared to be more important for protection than sustaining therapeutic plasma concentrations with the second CAB long acting injection. These results support the clinical investigation of CAB long acting as PrEP in people who inject drugs.

  4. Awareness of Consumer Protection Act among dental health professionals in dental schools of Ghaziabad, India.

    Science.gov (United States)

    Prasad, Sumanth; Menon, Ipseeta; Dhingra, Chandan; Anand, Richa

    2013-12-01

    The study aimed to assess the awareness of the Consumer Protection Act among dental health professionals in dental schools of Ghaziabad, India. A cross-sectional questionnaire survey was carried out on dental health professionals in dental schools of Ghaziabad, India. A total of 348 dental health professionals (170 males and 178 females) were surveyed, out of which 116 were MDS faculty, 45 were BDS faculty and 187 were pursuing post graduation. The questionnaire comprised of 24 questions about the awareness of consumer protection act. Statistical analysis was done using Chi-square test, student's t test and ANOVA. A total of 84.8% (n=295) reported to be aware of consumer protection act. Amongst them, MDS faculty showed more awareness as compared to BDS faculty and those pursuing post-graduation. Considering the present scenario, MDS faculty dental professionals have more awareness of consumer protection act compared to other dental professionals. So, we must upgrade our knowledge on consumer protection act at all levels of our profession and change our attitude by inculcating a practice to spread the message of consumer protection act for delivering quality dental care.

  5. Did the Pension Protection Act (PPA) of 2006 Resolve the Pension Crisis in Corporate America?

    Science.gov (United States)

    Luca, John J.

    2009-01-01

    On August 17, 2006, President George W. Bush signed into law the Pension Protection Act (PL 109-280). The 907-page federal law has been referred to as the most comprehensive reform of the nation's pension law since the enactment of the Employee Retirement Income Security Act (ERISA) of 1974 (Lucas, 2008). This paper will examine the major…

  6. The Michigan Consumer Protection Act of 1976. Consumer Education Training Module.

    Science.gov (United States)

    Monsma, Charles

    This guide for secondary teachers is designed to identify and illustrate specified illegal practices identified in the Michigan Consumer Protection Act of 1976. The guide also explains procedures that a consumer or law-enforcement agency can take to enforce the provisions of this law. Since the act is a broad one, students learn not only about…

  7. 78 FR 12833 - Patient Protection and Affordable Care Act; Standards Related to Essential Health Benefits...

    Science.gov (United States)

    2013-02-25

    ... wellness services and chronic disease management; and pediatric services, including oral \\8\\ and vision... Act uses the terms ``dental'' and ``oral'' interchangeably when referring to the pediatric dental care... Parts 147, 155, and 156 Patient Protection and Affordable Care Act; Standards Related to Essential...

  8. Vitamin C acts as radiation-protecting agent

    International Nuclear Information System (INIS)

    Platzer, Isabel; Getoff, Nikola

    1998-01-01

    It is well known that vitamin C (L-ascorbic acid) is a very efficient, water soluble antioxidant. Its multifunctional biological and biochemical activities are rather well established in the last few decades (e.g. Sies and Stahl, 1995; Meydani et al., 1995; NRC, 1989. In the present letter we are reporting briefly the pronounced radiation-protecting properties of ascorbate (AH - ) observed on bacteria (E. coli AB1157) as well as on cultured cells (SCC VII, eukaryotic cells)

  9. The Parliamentary Council's understanding of fundamental rights, and how fundamental rights are protected against nuclear power stations in operation

    International Nuclear Information System (INIS)

    Roth-Stielow, K.

    1980-01-01

    The author explains fundamentals rights in terms of protection of the individual, giving quotations from sittings of the Parliamentary Council. Fundamental rights are to be intergrated completely into Atomic Energy Law. Expert's opinions ought to be scrutinized in depth by court. Experts have to get down to the opinion of minorities. The author advocates the theory of margins. Experts' opinions or established values are nothing but referential values if they do not represent the well-balanced result obtained after considering all relevant, qualified experts' opinions including the opinions of minorities. Following precedents set by the Federal Constitutional Court, findings of a minority of natural scientists have to be considered the state of art or realized danger. (HSCH) [de

  10. 15 CFR 921.4 - Relationship to other provisions of the Coastal Zone Management Act, and to the Marine Protection...

    Science.gov (United States)

    2010-01-01

    ... the Coastal Zone Management Act, and to the Marine Protection, Research and Sanctuaries Act. 921.4... provisions of the Coastal Zone Management Act, and to the Marine Protection, Research and Sanctuaries Act. (a... affecting the state's coastal zone, must be undertaken in a manner consistent to the maximum extent...

  11. The right to protection of health: Modest achievements of the constitution of Serbia

    OpenAIRE

    Slavnić, Ljiljana

    2013-01-01

    This paper analyzes the Constitution of Republic of Serbia (2006) in order to determine: whether the guarantee of the right to protection of health is based on the values and principles of community law, that is, whether this constitutional right is in line with the key principles and objectives of EU legal documents, which are in this area of law very explicit. This paper considers whether the constitutional powers of the state provide efficient realization of the right to health; it analyze...

  12. 77 FR 34233 - Telephone Consumer Protection Act of 1991

    Science.gov (United States)

    2012-06-11

    ... initiator of the message, to be a nuisance and an invasion of privacy; and (3) individuals' privacy rights... are made by the consumer's loan servicer, because the primary motivation of the calling party is to... challenged as TCPA violations because the primary motivation appears to be sending a telephone solicitation...

  13. 76 FR 20569 - Horse Protection Act; Petition for Amendments to Regulations

    Science.gov (United States)

    2011-04-13

    ... of Cruelty to Animals, the American Horse Protection Association, Inc., Friends of Sound Horses, Inc... DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 11 [Docket No. APHIS-2011-0006] Horse Protection Act; Petition for Amendments to Regulations AGENCY: Animal and Plant...

  14. Environment Protection (Alligator Rivers Region) Amendment Act 1987 - No 17 of 1987

    International Nuclear Information System (INIS)

    1987-01-01

    This Act amends the Environment Protection (Alligator Rivers Region) Act 1978. The amendments mainly concern definition of general mining operations and specification of the functions of the Supervisory Scientist and the Research Institute in relation to general mining in an environment conservation zone (parts of the Alligator Rivers Region). The 1978 Act provided for the appointment of a Supervising Scientist responsible for supervising protection of the environment against the effects of uranium mining in the Region, and for the creation of a Research Institute under his management. (NEA) [fr

  15. Equal Protection of the Law: The Persons with Disabilities (Equal Opportunities Act, 2014, Bahamas

    Directory of Open Access Journals (Sweden)

    Bernadette Bain

    2016-10-01

    This analysis of the Persons with Disabilities (Equal Opportunities Act, 2014, examines the nature and scope of equal rights and whether the Act provides adequate enforcement. The aim of the provisions is to restrict discrimination against persons with disabilities by providing opportunities on an equal basis and to require persons having dealings with the disabled to accommodate their needs. It is questionable whether the Act fulfils its purpose and whether penalties for failure to comply with the Act are adequate, as there is a lacuna or gap in the law, which hinders purposeful rights.

  16. Dress codes and appearance policies: challenges under federal legislation, part 2: title VII of the civil rights act and gender.

    Science.gov (United States)

    Mitchell, Michael S; Koen, Clifford M; Darden, Stephen M

    2014-01-01

    As more and more individuals express themselves with tattoos and body piercings and push the envelope on what is deemed appropriate in the workplace, employers have an increased need for creation and enforcement of reasonable dress codes and appearance policies. As with any employment policy or practice, an appearance policy must be implemented and enforced without regard to an individual's race, color, gender, national origin, religion, disability, age, or other protected status. A policy governing dress and appearance based on the business needs of an employer that is applied fairly and consistently and does not have a disproportionate effect on any protected class will generally be upheld if challenged in court. By examining some of the more common legal challenges to dress codes and how courts have resolved the disputes, health care managers can avoid many potential problems. This article, the second part of a 3-part examination of dress codes and appearance policies, focuses on the issue of gender under the Civil Rights Act of 1964. Pertinent court cases that provide guidance for employers are addressed.

  17. Effectiveness of REDD programs in the protection of sui generis indigenous rights

    Directory of Open Access Journals (Sweden)

    Paloma Infante M.

    2013-06-01

    Full Text Available The article focuses on the implementation of the United Nations Reducing Emission from Deforestation and Forest Degradation Program, hereinafter UN REDD and its effectiveness in the protection of sui generis indigenous rights, meaning those different from the property right but derived from it, especially, the rights over the territories, natural resources and environmental services. The paper will cover the interconnection between sui generis indigenous rights and REDD programs including the relevance of land tenure and the sui generis rights derived from it. As we will emphasize, REDD programs are not only focused in the reduction of carbon emissions. In fact, REDD plus programs include as a main objective the sustainable management of forests and the protection to forest dependent communities.

  18. Rationale and Description of Right Ventricle-Protective Ventilation in ARDS.

    Science.gov (United States)

    Paternot, Alexis; Repessé, Xavier; Vieillard-Baron, Antoine

    2016-10-01

    Pulmonary vascular dysfunction is associated with ARDS and leads to increased right-ventricular afterload and eventually right-ventricular failure, also called acute cor pulmonale. Interest in acute cor pulmonale and its negative impact on outcome in patients with ARDS has grown in recent years. Right-ventricular function in these patients should be closely monitored, and this is helped by the widespread use of echocardiography in intensive care units. Because mechanical ventilation may worsen right-ventricular failure, the interaction between the lungs and the right ventricle appears to be a key factor in the ventilation strategy. In this review, a rationale for a right ventricle-protective ventilation approach is provided, and such a strategy is described, including the reduction of lung stress (ie, the limitation of plateau pressure and driving pressure), the reduction of PaCO2 , and the improvement of oxygenation. Prone positioning seems to be a crucial part of this strategy by protecting both the lungs and the right ventricle, resulting in increased survival of patients with ARDS. Further studies are required to validate the positive impact on prognosis of right ventricle-protective mechanical ventilation. Copyright © 2016 by Daedalus Enterprises.

  19. 2001 Toxic Chemical Release Inventory Emergency Planning and Community Right to Know Act SEC 313

    International Nuclear Information System (INIS)

    ZALOUDEK, D.E.

    2002-01-01

    Pursuant to section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), and Executive Order 13148, Greening the Government Through Leadership in Environmental Management, the US Department of Energy has prepared and submitted a Toxic Chemical Release Inventory for the Hanford Site covering activities performed during calendar year 2001. EPCRA Section 313 requires facilities that manufacture, process, or otherwise use listed toxic chemicals in quantities exceeding established threshold levels to report total annual releases of those chemicals. During calendar year 2001, Hanford Site activities resulted in one chemical used in amounts exceeding an activity threshold. Accordingly, the Hanford Site 2001 Toxic Chemical Release Inventory, DOE/RL-2002-37, includes total annual amount of lead released to the environment, transferred to offsite locations, and otherwise managed as waste

  20. Federal Act on the peaceful uses of atomic energy and protection against radiation

    International Nuclear Information System (INIS)

    1959-12-01

    This is a framework Act regulating the peaceful uses of atomic energy in Switzerland. It establishes a licensing and control system for the construction and operation of nuclear installations, transport and possession of nuclear substances as well as for other nuclear activities. The Act also defines the measures for protection against ionizing radiation and contains a series of provisions sanctioning any actions jeopardising nuclear safety or violating the Act itself. Chapter 4 (Sec. 12-18) dealing with nuclear third party liability is repealed and replaced by the Act of 1979 on nuclear third party liability. (NEA) [fr

  1. Strengthening the human rights framework to protect breastfeeding: a focus on CEDAW.

    Science.gov (United States)

    Galtry, Judith

    2015-01-01

    There have been recent calls for increased recognition of breastfeeding as a human right. The United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW) is the core human rights treaty on women. CEDAW's approach to breastfeeding is considered from an historical perspective. A comparison is drawn with breastfeeding protection previously outlined in the International Labour Organization's Maternity Protection Convention, 1919 (ILO C3), and its 1952 revision (ILO C103), and subsequently, in the United Nations Convention on the Rights of the Child, 1989 (CRC). Despite breastfeeding's sex-specific significance to an international human rights treaty on women and CEDAW's emphasis on facilitating women's employment, CEDAW is, in reality, a relatively weak instrument for breastfeeding protection. In both its text and subsequent interpretations explicit recognition of breastfeeding is minimal or nonexistent. Explanations for this are proposed and contextualised in relation to various political, social and economic forces, especially those influencing notions of gender equality. During the mid to late 1970s -when CEDAW was formulated - breastfeeding posed a strategic challenge for key feminist goals, particularly those of equal employment opportunity, gender neutral childrearing policy and reproductive rights. Protective legislation aimed at working women had been rejected as outdated and oppressive. Moreover, the right of women to breastfeed was generally assumed, with choice over infant feeding practices often perceived as the right NOT to breastfeed. There was also little awareness or analysis of the various structural obstacles to breastfeeding's practice, such as lack of workplace support, that undermine 'choice'. Subsequent interpretations of CEDAW show that despite significant advances in scientific and epidemiological knowledge about breastfeeding's importance for short-term and long-term maternal health, breastfeeding

  2. Aspects of UN Activities on the International Protection of Women's Rights

    Directory of Open Access Journals (Sweden)

    Jana Maftei

    2015-05-01

    Full Text Available Human rights and their protection represent the regulation object of a major part of all the legal rules encompassing the international public law. The Members’ efforts to protect women's rights and to promote gender equality have resulted in the adoption of important documents, fundamental to all mankind. In the light of these international regulations, States have assumed obligations and they have created mechanisms to achieve them. Through the analytical approach we have highlighted the activities of the United Nations and international bodies for protecting women's rights and gender equality in all sectors of public and private life. In preparing this article we used as research methods the analysis of problems generated by the subject in question with reference to the doctrinal views expressed in the Treaties and specialized articles, documentary research, interpretation of legal norms in the field.

  3. Protection of proprietary rights of DIN standards in connection with statutory and administrative provisions

    International Nuclear Information System (INIS)

    Katzenberger, P.

    1985-01-01

    On the basis of contracts entered with the German Institute of Standardization (DIN), the state bodies and authorities tend to refer to Din standards in many ways when issuing statutory or administrative provisions. Some Din standards are also printed in official publications- with or without Din's prior consent. Such common practice leads to the question whether the Din standards which on pinciple meet the general requirements made on the protection of proprietary rights are losing this protection by the fact that official publications are exempt from the protection of proprietary rights (Art.5 UrhG). The author points out that the thorough analysis of the legal position in terms of interests, proprietary rights and constitution indicated that this is not, in principle, the case. (orig.) [de

  4. The Consumer Protection Bill, 2015: (Lack of) Rights of the Consumer to Terminate Sale Contract

    OpenAIRE

    Pathak, Akhileshwar

    2015-01-01

    Consumer protection law rests on the foundations of contract law and the law of sale of goods. A consumer law has to conceptually express this foundation and the modifications it is bringing about in these laws. Without this, the law would become unclear, conflicting and confusing. The Consumer Protection Bill, 2015 is not secured in its foundation and needs revision. The paper reviews the rights of the consumer to terminate the contract and makes suggestions for revision. The suggestions, wi...

  5. The politics of protection: aid, human rights discourse, and power relations in Kyaka II settlement, Uganda.

    Science.gov (United States)

    Clark-Kazak, Christina R

    2010-01-01

    This paper explores the conceptualisation and application of 'protection' by the United Nations High Commissioner (UNHCR), Ugandan government, and Congolese refugees in Kyaka II refugee settlement, Uganda. Analysing the origins and consequences of a demonstration against school fees, and drawing on other ethnographic data, it explores how different interpretations of this incident reflect different conceptions of, and approaches to, protection. Ugandan government officials viewed the demonstration as a security incident; Congolese and Ugandan adults responded with increased monitoring and 'sheltering' of children and young people; students justified the demonstration as a legitimate manifestation of their rights; while UNHCR promoted assistance and resettlement. The paper argues that prevailing protection responses, including 'sensitisation', sheltering, and resettlement, are de-contextualised from daily realities and fail to address the underlying power relations that undermine protection. It concludes with recommendations on how international refugee agencies can reorient assistance to address protection concerns in refugee contexts.

  6. Human Rights and the Environmental Protection: The Naïveté in Environmental Culture

    Directory of Open Access Journals (Sweden)

    Made Adhitya Anggriawan Wisadha

    2018-05-01

    Full Text Available There are growing trends in the human rights to substantially extend the values to protect the environment or moreover to welcome the ideas of the rights to environment, not to mention the rights of environment. The purpose is to inclusively embrace the environmental problems wherein the humanity challenges posited on, but this agenda may leave a room of doubt how far the human rights body can address the environmental destruction as it needs the interplay of culture and environmental ethics to promoting such concepts. Therefore, this paper aims to identify the justification of how human rights in the environmental protection in the contemporary discourse are bringing to light, as many current cases attempt to linkage the environmental approach to the human rights instrument, such as the rights to life, healthy environment, and intergenerational equity. To analyse further, the theoretical framework in this paper will be explicated by environmental culture paradigm which illustrates the egalitarian concept between human and environment to elicit the clear thoughts of how human rights is naïve to protect the environment. This article will firstly depict the human rights and the environmental protection discourse and then, explore the naïveté narratives of environmental culture about the ecological crisis roots that are fundamentally anthropogenic, as to reflect the ground realities how this nexus will play out. Finally, this paper found the moral justification per se relies on the effort of elaborating the human prudence in their relationship with nature, albeit bringing the naïveté.

  7. The New Czech State Citizenship Act: the Further Liberalization of Individual Rights or the Enpowerment of State Authority?

    Czech Academy of Sciences Publication Activity Database

    Emmert, František

    2014-01-01

    Roč. 5, č. 1 (2014), s. 187-193 ISSN 2042-6402 Institutional support: RVO:68378122 Keywords : State Citizenship Act; * ius sanguinis * individual rights * Czech citizens Subject RIV: AG - Legal Sciences

  8. The Corruption of Systemic Contour in Brazil and its Effects on the Protection of Human Rights

    Directory of Open Access Journals (Sweden)

    Lucas Sachsida Junqueira Carneiro

    2016-10-01

    Full Text Available This article investigates the connection involving corruption and Human Rights' protection, approaching the evolution of corruption's characteristics until today's experience of what is called institutionalized corruption. The knowledge of systemic corruption preeminent particularities are achieved through a series of data obtained in researches made by Centro de Referência do Interesse Público of UFMG, CNJ, Controladoria Geral da União, Fiesp, Ministério Público Federal and extensive survey on doctrine, jurisprudence, and legislation. We have introduced major flaws in the controlling system and shown the resultant repercussion to specify the leading consequences of corruption on the protection and guarantee of Human Rights.

  9. Act concerning the establishment of a Federal Office for Radiation Protection

    International Nuclear Information System (INIS)

    1989-01-01

    The Federal Office for Radiation Protection shall be placed under the competence of the Federal Minister for the Environment, Nature Conservation and Reactor Safety, and shall have the powers of a higher federal authority. The Office shall have its seat in Salzgitter. The Office shall fulfil administrative tasks within the federal powers in the fields of radiation protection including preventive radiation protection, nuclear safety, transport of radioactive materials, and nuclear waste management including the construction and operation of installations under the competence of the Federal Covernment, for the collection and ultimate disposal of nuclear wastes. The Office shall fulfil such Federal tasks as are defined in these areas by the Atomic Energy Act, the Act on Preventive Radiation Protection, or any other federal act, or such tasks as will be assigned to the Office on the basis of said acts. Any amendments of the above acts required for proper fulfilment of tasks by the Federal Office for Radiation Protection shall be duly announced. (orig./HP) [de

  10. Radiation Protection Act promulgated on May 19, 1988, SFS 1988: 220

    International Nuclear Information System (INIS)

    1988-01-01

    This Act entered into force on 1 July 1988 and supersedes the previous Radiation Protection Act (SFS 1958: 110). The objective of the new Act is to protect humans, animals and the environment from the harmful effects of ionizing as well as non-ionizing radiation. As previously, the main responsibility for public radiation protection will rest with one central radiation protection authority. The general obligations with regard to radiation protection place a greater responsibility than in the past on persons carrying out activities involving radiation. The Act also contains rules governing decommissioning of technical equipment which could generate radiation. Basically, the same requirements still apply regarding licensing of activities involving ionizing radiation, with certain extensions covering, inter alia, also production and transportation of radioactive material. Under the Act, it is now possible to adjust the licensing and supervisory procedures to the level of danger of the radiation source and the need for adequate competence, etc., and finally, more effective supervision is provided for. (NEA) [fr

  11. THE PROTECTION OF CONSUMER RIGHTS FOR AVIATION SAFETY AND SECURITY IN INDONESIA AND MALAYSIA

    OpenAIRE

    Annalisa Yahanan; Febrian Febrian; Rohani Abdul Rahim

    2017-01-01

    Indonesia and Malaysia have a good potency for cooperation in aviation industry. It can be seen in the establishing two aviation companies namely PT. Indonesia Air Asia and Malindo which both are low-cost carrier. These aviation industries are categorized as low-cost carrier, however safety and security are absolute factors because these are rights for consumers. This article will describe further about safety and security standard; protecting the rights for consumers in connection with safet...

  12. The Protection of Consumer Rights for Aviation Safety and Security in Indonesia and Malaysia

    OpenAIRE

    Yahanan, Annalisa; Febrian, Febrian; Rahim, Rohani Abdul

    2017-01-01

    Indonesia and Malaysia have a good potency for cooperation in aviation industry. It can be seen in the establishing two aviation companies namely PT. Indonesia Air Asia and Malindo which both are low-cost carrier. These aviation industries are categorized as low-cost carrier, however safety and security are absolute factors because these are rights for consumers. This article will describe further about safety and security standard; protecting the rights for consumers in connection with safet...

  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. Observations on physical protection methods for protecting against unauthorized acts by an insider

    International Nuclear Information System (INIS)

    Ericson, D.M.; Goldman, L.A.; Lobner, R.R.

    1983-01-01

    Two basic approaches have evolved over the past several years for physical protection against sabotage by insiders. One, area-type physical protection, involves the use of access controls at area boundaries. Current practices at nuclear power plants generally fall into this category. The second, component-level physical protection, involves hardware at individual components as well as access controls at the boundary. The area-type physical protection concepts include team, area, and operational zoning. Team zoning requires the formation of multiperson teams that must be used to gain access to vital areas. Area zoning divides the plant into two or more zones, each of which is operated and maintained by separate, dedicated teams. Operational zoning is a closed-loop access control system that permits an initial vital area access, but blocks access to certain other vital areas until the operability of equipment in the first area is verified by test or inspection. Component-level physical protection is also a closed-loop system in which both area and component access are monitored. Each of the above measures can provide effective protection against an insider in certain instances, but each has weaknesses that must be recognized. An approach for protection against the insider is to take the most promising features of each of the above physical protection measures and supplement these capabilities with damage control and design changes as appropriate for a particular plant

  15. The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    MSc. Albana Metaj-Stojanova

    2017-06-01

    Full Text Available The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR. The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

  16. Changing attitudes and beliefs towards a woman's right to protect against HIV risk in Malawi.

    Science.gov (United States)

    Fedor, Theresa M; Kohler, Hans-Peter; McMahon, James M

    2016-01-01

    Female empowerment and positive attitudes towards women's rights in sexual relationships have been found to be key elements of successful behaviour-based HIV prevention programmes. However, HIV prevention programmes that do not specifically engage with gender issues may also affect attitudes and beliefs towards women's rights within sexual relationships. Using data from the Malawi Longitudinal Study of Families and Health we compare measures of female empowerment and changing gender norms between intervention participants and non-participants. Results suggest that female intervention participants were more likely than non-participants to believe that: (1) women have more rights within sexual relationships in general and (2) women have the right to protect themselves against HIV risk (indicating possible increases in female self-efficacy in making HIV prevention decisions). Male intervention participants showed no substantial positive change in attitudes towards women's rights. These results highlight an important positive effect of HIV prevention programmes on women's attitudes towards their own rights.

  17. Employers' Statutory Vicarious Liability in Terms of the Protection of Personal Information Act

    Directory of Open Access Journals (Sweden)

    Daleen Millard

    2016-07-01

    Full Text Available A person whose privacy has been infringed upon through the unlawful, culpable processing of his or her personal information can sue the infringer's employer based on vicarious liability or institute action based on the Protection of Personal Information Act 4 of 2013 (POPI. Section 99(1 of POPI provides a person (a "data subject" whose privacy has been infringed upon with the right to institute a civil action against the responsible party. POPI defines the responsible party as the person who determines the purpose of and means for the processing of the personal information of data subjects. Although POPI does not equate a responsible party to an employer, the term "responsible party" is undoubtedly a synonym for "employer" in this context. By holding an employer accountable for its employees' unlawful processing of a data subject's personal information, POPI creates a form of statutory vicarious liability. Since the defences available to an employer at common law and developed by case law differ from the statutory defences available to an employer in terms of POPI, it is necessary to compare the impact this new statute has on employers. From a risk perspective, employers must be aware of the serious implications of POPI. The question that arises is whether the Act perhaps takes matters too far. This article takes a critical look at the statutory defences available to an employer in vindication of a vicarious liability action brought by a data subject in terms of section 99(1 of POPI. It compares the defences found in section 99(2 of POPI and the common-law defences available to an employer fending off a delictual claim founded on the doctrine of vicarious liability. To support the argument that the statutory vicarious liability created by POPI is too harsh, the defences contained in section 99(2 of POPI are further analogised with those available to an employer in terms of section 60(4 of the Employment Equity Act 55 of 1998 (EEA and other

  18. Protecting the Home and Adequate Housing - Living in a Caravan or Trailer as a Human Right

    NARCIS (Netherlands)

    Donders, Y.

    2016-01-01

    Many Roma, gypsies and travellers live in caravans or trailers, sometimes in together trailer parks or camps. This article analyses how this specific lifestyle connected to their housing is protected under the various regimes and provisions of international human rights law. Home and adequate

  19. AAUP Urges Faculty Role in Protecting Workers' Rights on Overseas Campuses

    Science.gov (United States)

    Schmidt, Peter

    2009-01-01

    The American Association of University Professors and its Canadian counterpart jointly issued a statement last week calling on colleges with campuses abroad to protect the rights of overseas workers and give faculty members more say in planning foreign programs. The statement, adopted by the AAUP's committee on academic freedom and tenure and the…

  20. Balancing Autonomy Rights and Protection: Children's Involvement in a Child Safety Online Project

    Science.gov (United States)

    Ost, Suzanne

    2013-01-01

    Researchers who involve children in their research are faced with the challenge of choosing between differing theoretical approaches which can prioritise children's autonomy rights or their "vulnerability" and their need to be protected. Somewhat confusingly, ethical guidelines seem to reflect a combination of these approaches. Even when…

  1. Advancing Child Protection through Respecting Children's Rights: A Shifting Emphasis for School Psychology

    Science.gov (United States)

    Fiorvanti, Christina M.; Brassard, Marla R.

    2014-01-01

    The moral imperative of the United Nations Convention on the Rights of the Child, backed by robust empirical findings, leads to the conclusion that the protection of children from violence and neglect and the promotion of their well-being should be major priorities in every society. This article argues that "School Psychology: A Blueprint for…

  2. Maternity protection vs. maternity rights for working women in Chile: a historical review.

    Science.gov (United States)

    Casas, Lidia; Herrera, Tania

    2012-12-01

    Maternity leave in Chile has been a social right since 1919, when the International Labour Organization set the first global standards. From its inception, Chile's labour legislation focused on protecting motherhood and the family. The length of maternity leave has been extended several times since then but its main aim remains the protection of infant health. In 1931, Chile's first Labour Code required anyone employing 20 or more women to provide day care services and facilitate childcare and paid breastfeeding time for all mothers of children under one. Labour laws began to play an important role in accommodating the care of infants within working conditions, though not always effectively. In spite of job protection during pregnancy and breastfeeding, women can be dismissed on grounds other than pregnancy. It was only under Salvador Allende and again in the past two decades that Chile has enfranchised women as holders of health rights. However, many unresolved tensions remain. Chile promotes motherhood, but often considers that working women who demand employment protection abuse the system. Motherhood is a magic wand that represents the selflessness of women, but society throws a blanket of mistrust over women who wish to exercise their maternity rights and to determine the number and spacing of their children. Copyright © 2012 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  3. INFORMATION TECHNOLOGY IN PROTECTING T H E RIGHTS OF PATIENTS DURING TELEMEDICINE CONSULTATIONS

    Directory of Open Access Journals (Sweden)

    N. V. Yaremenko

    2015-05-01

    Full Text Available The problems of a regulatory legal tramewor k tor telemedicine consultations were set. Attention is drawn to the need to regulate these activities in the health system. First of all, we need prudential standards for the protection of patients’ rights.

  4. 78 FR 1306 - Transition Period Under Section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

    Science.gov (United States)

    2013-01-08

    ... DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency [Docket ID OCC-2013-0001] Transition Period Under Section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act AGENCY... Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) prohibits providing Federal...

  5. Decree no 90-918 of 11 october 1990 on exercising rights to information on major risks, in implementation of Section 21 of act no 87-565 of 22 july 1987 on the organisation of public safety measures, forestry protection against fires and prevention of major risks

    International Nuclear Information System (INIS)

    1990-01-01

    This Decree specifies the content and type of information to which persons likely to be exposed to major risks must have access, in accordance with the 1987 Act. These provisions apply in the communes for which a special action plan has been prepared. The information includes a description of the risks and their foreseeable consequences for persons, property and the environment, and a statement on the preventive measures to limit their effects. A summary record of this information is established [fr

  6. The evolution of the Constitutional Protection of Women’s Human Rights in Colombia

    Directory of Open Access Journals (Sweden)

    Sandra MORENO FLÓREZ

    2011-04-01

    Full Text Available Human rights were first acknowledged in Colombia in the 1991 Constitution, bringing up a catalogue of specific rights in favour of the female population whose implementation has been possible thanks to the Constitutional Court’s decisive compromise on the struggle against gender discrimination. This way, since the incorporation of the gender perspective in the Colombian Law, great progress has been obtained in the effectiveness of the constitutional normative framework and in the consequent effective protection of women’s human rights in legally relevant different ambits of life.

  7. Complex administrative procedures between administrative efficiency and the obligation to protect individual rights

    International Nuclear Information System (INIS)

    Steinberg, R.

    1982-01-01

    Due to their structural premise, administrative procedures possess an inordinate amount of influence, especially in complex situations of judicial decision making, to arrive at the ''right decision'' during the passing of binding regulatory ordinances. Since their system of organization is primarily subject to legislative influence, they are governed by the rules of administrative efficiency in the sense of extensive usage of performance - oriented governmental effectuation of constitutional rights. The demands for adequate judicial protection, of which wide administrative court procedure controls are part, will also serve the goal of reaching the ''right administrative decisions.'' (orig.) [de

  8. Retrogression in the legal protection of the right to academic freedom in Europe

    OpenAIRE

    Beiter, Klaus D.; Karran, Terence; Appiagyei.Atua, Kwadwo

    2016-01-01

    This article assesses to what extent the right to academic freedom as construed in terms of international human rights law, specifically UNESCO’s Recommendation on the Status of Higher-Education Teaching Personnel of 1997, is protected in the law of the 28Member States of the European Union. It determines the elements of this right, to then operationalise these by way of indicators accorded numeric values in order to assess state compliance and rank states in terms of their performance. The a...

  9. Corporate Staff Social Rights and Protection as Key Points of Business Entities Social Policy

    Directory of Open Access Journals (Sweden)

    Svetlana V. Titova

    2013-01-01

    Full Text Available The article describes key notions and principles of corporate staff social rights and protection. These notions were considered in terms of business entities social policy. The author thoroughly studied such personnel rights as the right to organize and bargain collectively, freedom of association, payment for personnel labor, child labor, forced labor, duty hours, discrimination, worker safety and health. The author attaches special attention to the types of privileges and guarantees, which business entities should provide to their employees, such as compensation for moral damages caused by labor injury, material assistance to employees and their families in different cases, concerned with labor functions

  10. The Concept of Rights and Protection to Employees: A Comparative Overview

    Directory of Open Access Journals (Sweden)

    RAJA RAZIFF RAJA SHAHARUDDIN

    2013-12-01

    Full Text Available Issues relating to the rights and protection accorded to employees throughout their employment with the employers is a matter that has been given much attention and treated with utmost priority in any organization, be it in the public or the private sector. It is an undeniable fact that the success story of any organization in the generation of profits in its enterprise or the smooth running in achieving the organization's desired objectives is much attributed to having a reliable, skilled and efficient workforce. Today, employees have been regarded as one of the most valuable assets of any organization. In pursuant thereto, apart from having various employment packages, laws regulating employment were enacted as protective measures in guiding both employers and employees. At the international level, rights and protections to employees have been embedded in the Universal Declaration of Human Rights. Comparatively, under the Shariah, though a similar concept has been forwarded, the notion of employment has been elevated to the status of ‘ibadah. Islam places importance of adhering to the Shari`ah principles in dealing with protection accorded to employees. As employment is regarded as ‘ibadah’ the employees are required and enjoined to observe full dedication, sincerity and commitment to their tasks. It is the responsibility of the employers, on the other hand, to ensure that the welfare of their employees is well protected. This paper attempts to outline the concept of employment under the Shari’ah and civil perspectives and to provide a comparative understanding on the rights and protection accorded to employees.

  11. Enabling Technology to Advance Health-Protecting Individual Rights-Are We Walking the Talk?

    Science.gov (United States)

    Sharp, Crystal; Gwadry-Sridhar, Femida

    The evolving structure and business of health care services and delivery need the functionality and capability offered by electronic health record (EHR) systems. By electronically diffusing the traditional patient record, however, this new model blurs the long-established medical data home, raising concerns about data ownership, confidentiality, access and individual rights. In 2008 the Lawson Health Research Institute began the process of instituting a robust health informatics and collaborative research infrastructure, now known as I-THINK Research. As data are migrated to the platform and policies are developed, we are forced to confront the complexity of issues around protection of individual rights. The paper presents, in a broader context, the main issues surrounding the privacy debate and the need for education, accountability and new legislation to help define and protect individual rights as new e-health business models emerge.

  12. The indivisibility of human rights and the Decent Work Protection in a Globalized World

    Directory of Open Access Journals (Sweden)

    Lourival José de Oliveira

    2016-05-01

    Full Text Available The initial premise is limited to the finding that the production procedures interna- tionalized. Consequently, from the production sharing or defined spaces, was obtained as one of the main results the precariousness of human labor, considering that at the natio- nal level, given the liberalizing policies, is not making it possible to ensure the national state minimum safeguards to protect the work. To address this reality, this paper proposes the construction of new public spaces, with the participation of several international actors, no longer confining to existing international public entities, and the protection of human work should be promoted, provided as a human right and a fundamental right, taking into account the global context and the thematic multidisciplinary. It is the job of the holistic view, which assumes the interdependence and indivisibility of human rights as a prerequisite in order to balance economic development with social development internationally.

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

    OpenAIRE

    Mirandola, Sofia

    2017-01-01

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

  14. [High voltage objects and radiocommunication investments in view of requirements of the environmental protection act].

    Science.gov (United States)

    Szuba, Marek

    2006-01-01

    This paper presents the most important elements of the localization procedure of high voltage overhead lines and substations and radiocommunication objects which are the source of electromagnetic fields. These fields are perceived as a major threat to human health. The point of departure to make a choice of investments is the special classification of technical installations described in one of the executive directive issued by virtue of the Environmental Protection Act. This special executive directive enumerates a lot of technical objects (installation), classified in the group of investments which have significant impact on the environment and some objects which could be classified in this group. For all this technical installations (e.g., overhead high voltage power lines) the provisions of the Environmental Protection Act impose an obligation to take particular steps to assure transparency of the environmental protection procedures, transborder procedures and the protection of areas included in the Natura 2000 network.

  15. The Right to Appeal as a Fundamental Right under International Acts and Jurisprudence, with Special Emphasis on Criminal Procedure

    Directory of Open Access Journals (Sweden)

    Vilard BYTYQI

    2017-03-01

    Full Text Available The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and similarities that exist in between the appeal which is used in our criminal proceedings and the appeal which is used in the criminal proceedings that take place in the supranational courts. It is known that in courts which consist of international elements, the appeal is positioned in a more advanced level, due to the fact that there are grounds of suspicion used over every element that could be used in any national criminal proceedings. Overall, in any place of the world, the appeal has the goal to remedy court decisions brought by the court of first instance, while, in the procedural aspect it has more or less differences depending on the regulations of criminal procedures of that state. Such difference due to the diversity of the legal systems today are also accepted as the universal legal value, since establishment of international tribunals provides the best practice in this field.

  16. 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.

  17. THE PROTECTION OF CONSUMER RIGHTS FOR AVIATION SAFETY AND SECURITY IN INDONESIA AND MALAYSIA

    Directory of Open Access Journals (Sweden)

    Annalisa Yahanan

    2017-01-01

    Full Text Available Indonesia and Malaysia have a good potency for cooperation in aviation industry. It can be seen in the establishing two aviation companies namely PT. Indonesia Air Asia and Malindo which both are low-cost carrier. These aviation industries are categorized as low-cost carrier, however safety and security are absolute factors because these are rights for consumers. This article will describe further about safety and security standard; protecting the rights for consumers in connection with safety aviation in Indonesia and Malaysia from the Consumer Protection Law and the Aviation Law. As a result of the research shows that safety standard passenger for air transportation in airport covers information and safety facility in the shape of availability of the emergency safety tools (fires, accidents and natural disasters; information, area and health facility; and healthcare workers. Moreover, safety standards for passenger in an aircraft include information and safety facility in the shape of availability information and the emergency safety tools for passenger in an aircraft. The protection for consumer rights for safety flight in Indonesia as follows: aviation industry has obligation to fulfill minimum standard of safety and security; consumers must be safety from false information which raises concern; aircraft operation which endanger of the passenger; and consumer protection in operating the electronic device which endanger flight. On the other hand, the law of consumer rights in Malaysia relating to aviation are ruled under the Aviation Law as a result of the Warsaw Convention 1929. In conclusion, the verdict of consumer rights related to security aviation begins when the passenger enter to an aircraft, in the aircraft, and by the time they get off the plane.

  18. The Patient Protection and Affordable Care Act: The Role of the School Nurse. Position Statement

    Science.gov (United States)

    Combe, Laurie G.; Sharpe, Susan; Feeser, Cynthia Jo; Ondeck, Lynnette; Fekaris, Nina

    2015-01-01

    It is the position of the National Association of School Nurses (NASN) that the registered professional school nurse (hereinafter referred to as school nurse) serves a vital role in the delivery of health care to our nation's students within the healthcare system reshaped by the Patient Protection and Affordable Care Act of 2010, commonly known as…

  19. The Influence of the Consumer Protection Act 68 of 2008 on the ...

    African Journals Online (AJOL)

    The implementation of the Consumer Protection Act 68 of 2008 (CPA) has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller's common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the ...

  20. The Consumer Protection Act 68 of 2008 and procedural fairness in

    African Journals Online (AJOL)

    MJM Venter

    fair. In a South African context, procedural fairness and substantive fairness are therefore of equal importance. 5. The Consumer Protection Act and procedural fairness. In the discussion below, the special ..... actually read the terms, but standardisation in presentation may make it slightly easier for a consumer to understand ...

  1. CORAL REEF BIOLOGICAL CRITERIA: USING THE CLEAN WATER ACT TO PROTECT A NATIONAL TREASURE

    Science.gov (United States)

    Coral reefs are declining at unprecedented rates worldwide due to multiple interactive stressors including climate change and land-based sources of pollution. The Clean Water Act (CWA) can be a powerful legal instrument for protecting water resources, including the biological inh...

  2. Adaptive management to protect biodiversity: best available science and the Endangered Species Act

    Science.gov (United States)

    Although flawed, the most powerful tool for protecting biodiversity in the United States is the Endangered Species Act, which requires the use of the best available science to ensure that endangered and threatened species are not put in jeopardy of extinction. Unfortunately, the ...

  3. 17 CFR 248.16 - Protection of Fair Credit Reporting Act.

    Science.gov (United States)

    2010-04-01

    ... Reporting Act. 248.16 Section 248.16 Commodity and Securities Exchanges SECURITIES AND EXCHANGE COMMISSION (CONTINUED) REGULATIONS S-P AND S-AM Regulation S-P: Privacy of Consumer Financial Information and Safeguarding Personal Information Relation to Other Laws; Effective Date § 248.16 Protection of Fair Credit...

  4. The updated soil protection act. A decision support tool for contaminated groundwater

    NARCIS (Netherlands)

    Groenewold, Henk; 364465476

    2013-01-01

    SUMMARY Not much attention was paid to the subsurface environmental quality of the Netherlands until the big pollution scandals in the early 1980’s. As a response, the government developed the multifunctional soil protection act (Wbb) to be applicable fo

  5. 78 FR 76212 - Patient Protection and Affordable Care Act; Maximizing January 1, 2014 Coverage Opportunities

    Science.gov (United States)

    2013-12-17

    ... DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Parts 147, 155 and 156 [CMS-9945-IFC] RIN 0938-AS17 Patient Protection and Affordable Care Act; Maximizing January 1, 2014 Coverage Opportunities AGENCY... meeting the size standards of the Small Business Administration (SBA); (2) a not-for-profit organization...

  6. Migrant and Seasonal Agricultural Worker Protection Act: Forestry contractors' model operating plan

    Science.gov (United States)

    Dan Bremer

    2007-01-01

    The Model Operating Plan for forestry contractors is a voluntary plan for compliance with the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) of 1983, with amendments passed in 1996 and 1997. This plan is designed as a guide for forestry contractors who wish to comply with all federal, state, and local rules and regulations that govern their employer/...

  7. 78 FR 13405 - Patient Protection and Affordable Care Act; Health Insurance Market Rules; Rate Review

    Science.gov (United States)

    2013-02-27

    ... Parts 144, 147, 150, et al. Patient Protection and Affordable Care Act; Health Insurance Market Rules... Insurance Market Rules; Rate Review AGENCY: Department of Health and Human Services. ACTION: Final rule. SUMMARY: This final rule implements provisions related to fair health insurance premiums, guaranteed...

  8. 76 FR 43237 - Patient Protection and Affordable Care Act; Establishment of Consumer Operated and Oriented Plan...

    Science.gov (United States)

    2011-07-20

    ... have a choice of health plans to fit their needs. Exchanges will give individuals and small businesses... Protection and Affordable Care Act; Establishment of Consumer Operated and Oriented Plan (CO-OP) Program... implement the Consumer Operated and Oriented Plan (CO-OP) program, which provides loans to foster the...

  9. 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.

  10. Radiation Protection and Control Act, 1982 (South Australia) No.49 of 29 April 1982

    International Nuclear Information System (INIS)

    1982-01-01

    This Act provides for the control of activities related to radioactive substances and radiation apparatus as well as for protection against the harmful effects of ionizing radiation. It also amends the Health Act, 1935-1980 by deleting certain provisions concerning, inter alia, radioactive substances and radiation apparatus. The Act states as its general objective that the competent authorities in the exercise of their duties and any person carrying on activities involving radioactive substances and equipment emitting ionizing radiation shall try to ensure that exposure of persons to ionizing radiation is kept as low as reasonably achievable, social and economic factors being taken into account (the ALARA principle recommended by the International Commission on radiological Protection). (NEA) [fr

  11. Effective environmental protection by the reform of the administrative procedures and administrative legal rights

    International Nuclear Information System (INIS)

    Breuer, R.

    1978-01-01

    The 52nd German Lawyers Meeting will be concerned in its legal department with the question of whether, from the points of view of the guaranteeing of the necessary environmental protection, additional regulations in the administrative procedures and administrative legal rights should be recommended. Here one is concerned, above all, with the problem of whether an administrative legal associations sueing or associations participation in administrative legal procedures is desirable in the interests of environmental protection. A negative answer must be given to this question. Discussion should concentrate on the problematical administrative legal interests, on the strengthening of administrative participation of popular opinion or interests in legal processes, on other improvements in administrative processes and on the legal control by Parliament of environmental protection. (orig.) [de

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

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

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

  13. THE LEGAL PROTECTION FOR REAL LAND RIGHT HOLDER IN CASE OF FORGED RINCIK

    Directory of Open Access Journals (Sweden)

    Nirwana Nirwana

    2017-12-01

    Full Text Available The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1 the legal protection for the land owner whose possession was based on rincik evidence, and (2 the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The interview was performed to strengthen the theories and opinions in the research. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1 the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2 the legal protection on the good faith buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.

  14. A decision model for the sustainable protection of human rights in Italian Prison System

    Directory of Open Access Journals (Sweden)

    Antonio Maturo

    2014-12-01

    Full Text Available The work starts from an analysis of the critical problems of the prison system in Italy. It aims to develop a decision-making model to address the issue of sustainable protection of human rights in prisons. It shows how, using the Saaty AHP procedure, it is possible to have an analytical reasoning guideline for the understanding of the validity of the various alternative choices, in order to facilitate the situation of the prisoners and their reintegration into society.

  15. THE CURRENT STATE OF LEGAL INSTITUTIONS PROTECTING THE RIGHTS OF JUVENILES IN RUSSIA

    OpenAIRE

    Yulia Hafizovna DAVYDOVA

    2015-01-01

    The article highlights the current state of the legislation on protection of the rights of under-aged. Much attention is paid to the formation of the juvenile justice system in the Russian Federation. We present problems related to law infringements by teenagers in various fields and their solutions, highlight the work and the development of juvenile courts in Russia, sum up the results of the implementation of juvenile technologies and their significance, gives the definition of the term «co...

  16. 32 CFR Appendix M to Part 275 - Format for Certificate of Compliance With the Right to Financial Privacy Act of 1978

    Science.gov (United States)

    2010-07-01

    ... Certificate of Compliance With the Right to Financial Privacy Act of 1978 [Official Letterhead] [Date] Mr./Mrs..., pursuant to section 3403(b) of the Right to Financial Privacy Act of 1978, 12 U.S.C. 3401 et. seq., that...]: [Describe the specific records] Pursuant to section 3417(c) of the Right to Financial Privacy Act of 1978...

  17. Protection of Fundamental Rights Post-Lisbon:The Interaction between the EU Charter of Fundamental Rights, the European Convention on Human Rights (ECHR) and National Constitutions (FIDE National Report for the United Kingdom)

    OpenAIRE

    Lock, Tobias; Layden, Patrick

    2011-01-01

    This is the United Kingdom national report for the FIDE XXV Congress on the 'Protection of Fundamental Rights Post-Lisbon'. The national report consist of answers from a UK perspective to questions posed by the general rapporteur on the following general topics: Nature and scope of fundamental rights protected; Horizontal Effect and Collision of rights; Consequences of the entry into force of the EU Charter of Fundamental Rights; Consequences of the accession of the EU to the ECHR; The future...

  18. Console modification in the video game industry an empirical study of the technological protection measure reforms of the Australian Copyright Act 1968 (Cth)

    OpenAIRE

    Raval, Melchor Inigo

    2017-01-01

    The Australian-United States Free Trade Agreement expanded the access rights provisions, including the technological protection measures (TPM) and anti-circumvention prohibitions in the Copyright Act 1968 (Cth), to address the unauthorised distribution of copyrighted content, colloquially referred to as piracy. Copyright users object to these "paracopyright" principles being implemented as criminal penalties and restrictive Digital Rights Management (DRM). Evidence that piracy has persisted...

  19. Rights and care for the protection of nonhuman animal’s practical autonomy

    Directory of Open Access Journals (Sweden)

    Maria Alice da Silva

    2015-07-01

    Full Text Available The aim of this paper is to present Steven Wise’s concept of practical autonomy and how it is distinguished from the traditional and modern Kantian notion of autonomy. This is justified in order to emphasize the importance of this concept of autonomy for the recognition of legal rights to nonhuman animals, and the protection of its particular way of life through care practices and responsibility in the relations between human and nonhuman animals. By the aid of bibliographical research and theoretical analysis, we foremost present Wise’s main conceptual distinctions and, secondly, indicate the application of the concept of practical autonomy in the legal context, aiming to recognize rights for animals. Finally, we show how the concept of practical autonomy requires more than legal rights. It also implies moral obligations by individual agents and by the State to ensure appropriate conditions for autonomy and freedom of nonhuman animals.

  20. Does Teaching Children about Human Rights, Encourage Them to Practice, Protect and Promote the Rights of Others?

    Science.gov (United States)

    Dunhill, Ally

    2018-01-01

    The purpose of the article is to demonstrate how the United Nations International Children's Emergency Fund (UNICEF) Rights Respecting Schools Award makes positive contributions to children's lives and experiences at school. Within the overall context of education as a right, the Award supports children to learn about their rights and the rights…

  1. Special procedural measures and the protection of human rights
    General report

    Directory of Open Access Journals (Sweden)

    John A.E. Vervaele

    2009-10-01

    Full Text Available The aim of the general report is to conduct a comparative analysis of the national reports in order to trace transformation processes in domestic criminal justice systems, in particular criminal process, as special procedural measures are introduced to deal with terrorism and organised crime, and to map whether this has led countries to depart from their own fundamental rules, procedures, principles and applicable human rights standards. Starting from the premise that the integrated system of criminal law has three dimensions – the protection of individuals (the shield dimension, the provision of instruments of law enforcement (the sword dimension, and of checks and balances/trias politica (the constitutional dimension – the report provides a comprehensive overview of interrelated transformations, mostly in the pre-trial setting, that have affected all three in three waves of ‘war’ (on drugs, organised crime and terrorism. In many countries, procedural guarantees and principles that protect against the infringement of fair trial rights are considered a burden to the efficiency of serious crime enforcement. These reforms have resulted in a clear expansion of the punitive state and a blurring of classic distinctions, and do not favour the rule of law. The focus on public security and preventive coercive investigation undermines the criminal justice system. With the criminal justice system increasingly used as an instrument to regulate the present and/or the future rather than to punish past behaviour, and a criminal process in which pre-trial investigation is not about truth-finding related to committed crime, but about the construction and de-construction of social dangerousness, the interests of national security may be said to be prevailing over justice and to be threatening due process and the protection of human rights – notwithstanding that general principles of criminal procedure seem to have become more important in the reporting

  2. Thymosin Beta 4 protects mice from monocrotaline-induced pulmonary hypertension and right ventricular hypertrophy.

    Directory of Open Access Journals (Sweden)

    Chuanyu Wei

    Full Text Available Pulmonary hypertension (PH is a progressive vascular disease of pulmonary arteries that impedes ejection of blood by the right ventricle. As a result there is an increase in pulmonary vascular resistance and pulmonary arterial pressure causing right ventricular hypertrophy (RVH and RV failure. The pathology of PAH involves vascular cell remodeling including pulmonary arterial endothelial cell (PAEC dysfunction and pulmonary arterial smooth muscle cell (PASMC proliferation. Current therapies are limited to reverse the vascular remodeling. Investigating a key molecule is required for development of new therapeutic intervention. Thymosin beta-4 (Tβ4 is a ubiquitous G-actin sequestering protein with diverse biological function and promotes wound healing and modulates inflammatory responses. However, it remains unknown whether Tβ4 has any protective role in PH. The purpose of this study is to evaluate the whether Tβ4 can be used as a vascular-protective agent. In monocrotaline (MCT-induced PH mouse model, we showed that mice treated with Tβ4 significantly attenuated the systolic pressure and RVH, compared to the MCT treated mice. Our data revealed for the first time that Tβ4 selectively targets Notch3-Col 3A-CTGF gene axis in preventing MCT-induced PH and RVH. Our study may provide pre-clinical evidence for Tβ4 and may consider as vasculo-protective agent for the treatment of PH induced RVH.

  3. The US Refugee Protection System on the 35th Anniversary of the Refugee Act of 1980

    Directory of Open Access Journals (Sweden)

    Donald Kerwin

    2015-06-01

    Full Text Available In 2013, the Center for Migration Studies of New York (CMS initiated a project to bring concentrated academic and policy attention to the US refugee protection system, broadly understood to encompass refugees, asylum seekers and refugee-like populations in need of protection. The initiative gave rise to a series of papers published in 2014 and 2015, which CMS is releasing as a special collection in its Journal on Migration and Human Security on the 35th anniversary of the Refugee Act of 1980. This introductory essay situates the papers in the collection within a broader discussion of state compliance with international law, impediments to protection, US protection programs, vulnerable populations, and due process concerns. The essay sets forth extensive policy recommendations to strengthen the system drawn from the papers, legislative proposals, and other sources.

  4. 75 FR 38824 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-06

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

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

    Science.gov (United States)

    Oberlander, Susan

    1989-01-01

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

  6. 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,…

  7. 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.

  8. The Problems of Interpretation of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Ivanets Ivan Petrovich

    2014-06-01

    Full Text Available According to the clause 1 of Article 32 of the European Convention for the protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter referred to as the European Convention or the Convention the competence of the European Court of Human Rights (hereinafter referred to as the Court or the Court extends to all issues of interpretation and application of the Convention and its protocols. Thus, the European Convention makes the Court the only tool of the way of understanding of the rights and freedoms protected by it. Interpretation of the provisions of Convention lies in the basis of the Court activity as immovable clod that stands guard for protection of human rights, and that is a place where the State is directly responsible before a human.

  9. Awareness about medico legal aspects and Consumer Protection Act among dentists.

    Science.gov (United States)

    Radhika, T; Nadeem, J; Arthi, R; Nithya, S

    2017-07-01

    The practice of medicine in India has undergone considerable change affecting delivery of health in both positive and negative directions. As a result, there was a growing feeling that medical treatment should be made accountable and this led to doctors and dentists becoming subject to the process of law. Patients have become more aware of their right to compensation and as a consequence doctors and dentists should be knowledgeable about the laws that govern them. To assess the awareness about Medico legal aspects and Consumer Protection Act [CPA] among Dental professionals. A self-structured validated questionnaire comprising of 20 questions related to medico legal aspects and CPA was designed. A total of 450 dental professionals were surveyed from 4 prime dental institutions in Chennai, India. Of the 450 professionals that were surveyed 150 were MDS faculty, 150 were BDS faculty and 150 were PG students. The data was subjected to SPSS, version 16 and statistically analysed using Chi square test and Fisher's exact test. A- p value less than 0.05 was considered to be statistically significant. BDS faculty, MDS faculty and PG students were found to possess similar level of understanding and there was no significant difference between the groups. Knowledge was found to be equal between male and female dentists. The young practitioners were found to be more informed about CPA than the senior practitioners. It was found that most of the participants were aware of relevant Medico legal aspects, but were less aware of CPA. This study emphasises the need for education relevant to Medico legal aspects and CPA for dental professionals.

  10. 77 FR 25868 - Notification of Employee Rights Under the National Labor Relations Act

    Science.gov (United States)

    2012-05-02

    ..., 2011.) On October 12, 2011, the Board amended that rule to delay the effective date from November 14... announce that delay in the effective date of the rule. DATES: The effective date of the final rule... the National Labor Relations Act AGENCY: National Labor Relations Board. ACTION: Final rule; Court...

  11. 76 FR 82133 - Notification of Employee Rights Under the National Labor Relations Act

    Science.gov (United States)

    2011-12-30

    ... the National Labor Relations Act AGENCY: National Labor Relations Board. ACTION: Final rule; delay of....) The Board hereby further amends that rule to delay the effective date from January 31, 2012, to April... rule requiring employers, including labor organizations in their capacity as employers, subject to the...

  12. 76 FR 63188 - Notification of Employee Rights Under the National Labor Relations Act

    Science.gov (United States)

    2011-10-12

    ... the National Labor Relations Act AGENCY: National Labor Relations Board. ACTION: Final rule; delay of... rule requiring employers, including labor organizations in their capacity as employers, subject to the... under the NLRA. The Board hereby amends that rule to change the effective date from November 14, 2011...

  13. Additional Safeguards for Children Using Biometric Technologies in the European Union Multilevel System from the Perspective of Fundamental Rights Protection

    OpenAIRE

    Sarrión Esteve, Joaquín

    2015-01-01

    I. Motivation. II. Methodology III. The advances of biometric technologies. A particular focus on DNA technology. IV. DNA technology legal framework V. Fundamental rights protection in EU Multilevel System VI. Additional Safeguards for Children Conclusions? I. Motivation. II. Methodology III. The advances of biometric technologies. A particular focus on DNA technology. IV. DNA technology legal framework V. Fundamental rights protection in EU Multileve...

  14. THE RESPONSIBILITY OF PROTECTING (R2P HUMAN RIGHTS AND SECURITY COUNCIL

    Directory of Open Access Journals (Sweden)

    ULDARICIO FIGUEROA PLÁ

    2017-12-01

    Full Text Available The adoption in 1948 of the Convention on the Prevention and Punishment of the Crime of Genocide seemed to open a new era in the international scenario in which these kind of practices apparently are left in the historic past. Reality has shown us that this international instrument was not enough to face arbitrary measures of some Governments. Nevertheless, genocide actions continuing to be performed, and in order to decrease human suffering, “humanitarian intervention” was thought as a response to the ineffectiveness of the Security Council which also brought along arbitrary actions in its invocation, discrediting it. Before the reiterated calls of the Secretary General of the United Nations to prevent and detain massive violations to human rights, an effort has been made in order to standardizing a type of interventions that can respond to massive violations of human rights. This has been called Responsibility to Protect.

  15. Quality uncertainty and allocation of decision rights in the European protected designation of origin

    Directory of Open Access Journals (Sweden)

    Gaetano Martino

    2013-06-01

    Full Text Available The paper considers some issue in the governance of the European Protected Designation of Origin (PDO. The PDO systems are the outcomes of both farmers and consumers expectations and connect the valorisation of the agricultural and rural resources of given territories to the quality of typical products. A critical point in the governance of the PDO systems is represented by the connection between the quality strategies and the uncertainty. The paper argues that the PDO systems can be thought of as strictly coordinated subsystems in which the ex post governance play a critical role in coping with quality uncertainty. The study suggests that the society's inducements given raise to complex organizational systems in which the allocation of decision rights to PDO collective organizations play a major role. The empirical analysis is carried out by examining ten Italian PDO systems in order to identify the decision rights allocated.

  16. The balancing act between the constitutional right to strike and the ...

    African Journals Online (AJOL)

    While the South African Constitution enshrines both children's right to a basic education and teachers' right to strike, conflict between these two often occurs when the way in which teachers' unions conduct strike actions detracts from learners' education. This article identifies the parties affected by industrial action in the ...

  17. ASSERTING AND DEVELOPING THE IDEA OF LEGAL OBLIGATION, FOR ENSURING AND PROTECTING THE HUMAN RIGHTS

    Directory of Open Access Journals (Sweden)

    Marilena MARIN

    2014-11-01

    Full Text Available Various studies have been written about human rights and freedoms. Addressing this issue appears to be within everyone’s reach and everyone seems to be good at launching discussions about human rights and freedoms. When we are given the opportunity of collecting information about these concepts or of expressing a point of view, we should first refer to the concept itself, as researched by scholars, and then see how these studies can be found in practice, in everyday life. Otherwise, purely theoretical studies and Abstract: analyzes do not have any sense; do not produce any effect, facts which would render them useless. In this paper we aim at analyzing the concepts of legal obligation, of ensuring and protecting the human rights, viewed as a whole, as a unit, just as an idea is perceived. Thus, we are going to place human rights and freedoms in relation to legal normativity, to theory and their legal regulation on the one hand, and, on the other hand, we are going to focus on the materialization and implementation of these concepts, particularly within the national borders, but also in the European Union.

  18. RESPECTING CHILDREN’S RIGHTS THROUGH THE INSTITUTION OF MINORS PROTECTION BY PARENTS

    Directory of Open Access Journals (Sweden)

    Mădălina TOMESCU

    2014-05-01

    Full Text Available Every society hopes and expects that the younger generation, meaning children, grow and become capable and responsible citizens that contribute to the welfare of the community. However in the whole world, children are denied the most elementary rights of normal development, active participation and even the survival. Therefore, both at international level and national level have been taken measures to respect children's rights and thus to protect them. Parental care is the care of the juvenile legal means consisting of all rights and duties relating to both person and property belonging of the child by both parents equally. The exercise of parental care is performed under control of the state, represented by the guardianship court. On how to exercise parental care usually is an accomplished both parents jointly and equally. But there are certain situations where it is not possible to apply this rule, given that one of the parents is impossible to exercise their rights and duties incumbent. In these cases exception is exercising parental care by one of the parents.

  19. Rights to Designaton Focusing on Protected Designations and Geographical Indications of Agricultural Products and Foodstuffs

    Directory of Open Access Journals (Sweden)

    Ilková Zuzana

    2015-02-01

    Full Text Available The paper deals with the issue covered by the field of industrial property, it deals with the right to designation, especially with characteristics of legal regulation of labeling of products with regard to their geographical origin at the Slovak, communitarian and international levels. Individual objects of the industrial property may be the result of intellectual creative activity of its creator/creators (e.g. inventions, utility models, designs or they are not the result of creative activity of a particular natural person and are considered as industrial property rights to designation. The group of rights to designation includes: business names, trademarks, designation of origin for products and geographical indications for products. The rights to designation, inter alia, shall ensure uniqueness and competitive advantage for entrepreneurs and easy identification on the market of goods and services for the consumers. The paper closely analyzes the harmonized legal regulation of designations of origin and geographical indications of agricultural products, foodstuffs, spirit drinks, and wines. At the example of Tokaj wine region, it demonstrates the importance of protected designations at the EU level, in case of which demonstrable geographical origin of the product with controlled product specification by authorized national bodies brings a guarantee of quality of this product for consumers and the competitive advantage during their commercial implementation for the entrepreneurs.

  20. Measures for protection of the environment and the breach of a foreign investor's rights

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2011-01-01

    Full Text Available The paper analyses the relationship between state measures aimed at protecting the environment and the so-called regulative expropriation of investment. Protection of the environment has established itself as a legitimate regulative purpose in legal doctrine and in a number of sources of international foreign investment law. In the analytical framework of police powers doctrine it would suggest that state measures taken for environmental reasons, even if they are harmful for the economic interests of foreign investor, cannot be considered regulative expropriation. However, arbitral practice shows more restrictive approach towards regulative freedom of states in this area. The right of state to regulate without imposition of a duty to compensate a foreign investor for his loss is not unconditionally accepted. The regulative measure must be taken in good faith, i.e. with the true purpose of protecting the environment and nondiscriminatory in its character. Furthermore, there is a tendency in arbitral practice that the legitimate regulative purpose of state measure is weighed against other factors such as legitimate expectations of a foreign investor and the level of his economic loss in order to determine whether the expropriation has occurred.

  1. [Croatian and international regulations on the protection and rights of workers exposed to asbestos at work].

    Science.gov (United States)

    Zavalić, Marija; Macan, Jelena

    2009-11-01

    New regulations on the protection and rights of workers occupationally exposed to asbestos were introduced in Croatia in 2007 and 2008. They have been harmonised with the European Union (EU) and International Labour Organization (ILO) regulations, and make a step forward in safety at work, health protection, social rights, and pension schemes for Croatian workers occupationally exposed to asbestos. The 2007 Croatian regulation on the protection of workers from the risks related to exposure to asbestos at work defines and describes activities in which workers can be occupationally exposed to asbestos, defines the threshold value of asbestos in the air at work, defines valid methods for measurement of asbestos concentrations in the air, and establishes measures to reduce asbestos exposure at work or protect the exposed workers. Croatian law regulating obligatory health surveillance of workers occupationally exposed to asbestos from year 2007 defines activities and competent authorities to implement health surveillance of workers occupationally exposed to asbestos and to diagnose occupational diseases related to asbestos. This law also defines "occupational exposure to asbestos", and "occupational asbestos-related diseases", including asbestosis (pulmonary asbestos-related fibrosis), pleural asbestos-related disorders (plaques, pleural thickening, and benign effusion), lung and bronchial cancer, and malignant mesothelioma of serous membranes. These regulations have been harmonised with ILO, Directive 2003/18/EC amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work, and with the Commission Recommendation 2003/670/EC concerning the European schedule of occupational diseases. The 2008 Croatian regulation on conditions of health surveillance, diagnostic procedures and criteria for confirmation of occupational asbestos-related diseases "defines the terms and the content of medical examination of workers

  2. 77 FR 5241 - No FEAR Act Notice; Notice of Rights and Protections Available Under the Federal...

    Science.gov (United States)

    2012-02-02

    ... those agencies practice or tolerate discrimination.'' Sec. 101(1), Public Law 107-174, 116 Stat. 566... race, color, religion, national origin, sex, (including pregnancy and gender identity), age (40 and... affiliation, military service, or any other non-merit factor. Discrimination on these bases is prohibited by...

  3. 77 FR 43697 - Ensuring the Uniformed Services Employment and Reemployment Rights Act (USERRA) Protections

    Science.gov (United States)

    2012-07-25

    .... Attracting and retaining the best talent means ensuring fair treatment for individuals who have served our... Management; (vi) the Office of the Special Counsel; and (vii) such other agencies or offices as the Co-Chairs... Personnel Management, in consultation with the Council on Veterans Employment established by Executive Order...

  4. S.I. No 125 of 2000 Radiological Protection Act 1991 (ionising radiation) Order 2000

    International Nuclear Information System (INIS)

    2000-01-01

    This statutory instrument provides for the implementation of Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation. It also incorporates the provisions of Council Directive 90/641/Euratom of 4 December 1990 on the operational protection of outside workers exposed to the risk of ionising radiation during their activities in controlled areas. It replaces the provisions of the European Communities (Ionising Radiation) Regulations, 1991 (S.I. No. 43 of 1991), the Radiological Protection Act, 1991 (General Control of Radioactive Substances, Nuclear Devices and Irradiating Apparatus) Order, 1993 (S.I. No. 151 of 1993) and the European Communities (Protection of Outside Workers from Ionising Radiation) Regulations, 1994 (S.I. No. 144 of 1994). The main changes introduced in this Order are: the inclusion of work activities involving exposure to natural sources of radiation, stricter application of existing radiation protection principles through the introduction of lower dose limits, the use of dose constraints in keeping doses as low as reasonably achievable (i.e. optimisation process) and extended application of justification principles, the introduction of radiation protection principles for intervention in cases of radiological emergencies or lasting exposures. (author)

  5. Constitutional rights to health, public health and medical care: the status of health protections in 191 countries.

    Science.gov (United States)

    Heymann, Jody; Cassola, Adèle; Raub, Amy; Mishra, Lipi

    2013-07-01

    United Nations (UN) member states have universally recognised the right to health in international agreements, but protection of this right at the national level remains incomplete. This article examines the level and scope of constitutional protection of specific rights to public health and medical care, as well as the broad right to health. We analysed health rights in the constitutions of 191 UN countries in 2007 and 2011. We examined how rights protections varied across the year of constitutional adoption; national income group and region; and for vulnerable groups within each country. A minority of the countries guaranteed the rights to public health (14%), medical care (38%) and overall health (36%) in their constitutions in 2011. Free medical care was constitutionally protected in 9% of the countries. Thirteen per cent of the constitutions guaranteed children's right to health or medical care, 6% did so for persons with disabilities and 5% for each of the elderly and the socio-economically disadvantaged. Valuable next steps include regular monitoring of the national protection of health rights recognised in international agreements, analyses of the impact of health rights on health outcomes and longitudinal multi-level studies to assess whether specific formulations of the rights have greater impact.

  6. 77 FR 61820 - Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower...

    Science.gov (United States)

    2012-10-11

    ... additional assistance. If you are alleging compensation discrimination pursuant to the Equal Pay Act (EPA... AGENCY: Office of the Secretary, Department of Transportation. ACTION: No FEAR Act Notice. SUMMARY: This... Act of 2002 (No FEAR Act of 2002). It is the annual obligation for Federal agencies to notify all...

  7. 78 FR 63274 - Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower...

    Science.gov (United States)

    2013-10-23

    ... additional assistance. If you are alleging compensation discrimination pursuant to the Equal Pay Act (EPA... AGENCY: Department of Transportation--Office of the Secretary. ACTION: No FEAR Act Notice. SUMMARY: This... Act of 2002 (No FEAR Act of 2002). It is the annual obligation for Federal agencies to notify all...

  8. RIGHT TO PROPERTY: THE LAND ACQUISITION ACT 1960 AND THE SHARIAH PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Nor Asiah Mohamad

    2013-08-01

    Full Text Available Islamic law recognizes both private and community property. This community rights are manifested in forms of entitlement for charitable purposes, known as waqf or trusts,  sadaqah as well as  zakat. Under the Sha‘riah, however, ownership of all property ultimately rests with God. Though individual property rights are upheld, there is a corresponding obligation to share, particularly with those in need. In Malaysia, the right to property is a constitutional right and thus, the acquiring authority cannot deprive a person of his land in an arbitrary manner. This paper discusses the extent of which the acquisition law falls in line with Shari‘ah thus preserving the right to property as determined by Shari‘ah to individuals. Similarly, the paper also looks at some basic principles sustained by the court in determining whether the working of the acquisition law falls within the constitutional guarantee provided under Article 13 of the Federal Constitution and the Sha‘riah. A study of the case law reveals that human errors due to greediness and lack of responsibility have contributed to some of the problems in land acquisition.

  9. 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

  10. What about a Disability Rights Act for Canada?: Practices and lessons from America, Australia, and the United Kingdom.

    Science.gov (United States)

    Prince, Michael J

    2010-01-01

    The Harper government and most national political parties are committed to a federal act for dealing with accessibility rights for persons with disabilities. The purpose of this article is to identify progressive lessons from countries with similar legislation for consideration by Canadian authorities. Countries surveyed are the United States, Australia, and the United Kingdom. While disability rights legislation is widely accepted to be a necessary policy initiative in light of ongoing barriers and exclusion, experience suggests that such laws are far from a sufficient response to promote access. Other policy instruments required include supportive employment programs, tax incentives, and the direct provision of basic supports.

  11. 75 FR 52655 - Summary of Rights and Notices of Duties Under the Fair Credit Reporting Act

    Science.gov (United States)

    2010-08-27

    ... reporting agencies, and a notice of responsibilities for persons that obtain consumer reports from consumer... include a summary of consumer rights with every consumer report they provide to consumers.\\1\\ The... who obtain consumer reports from them (User Notice).\\2\\ \\1\\ 15 U.S.C. 1681g(c). Under section 609(a...

  12. 75 FR 80410 - Proposed Rules Governing Notification of Employee Rights Under the National Labor Relations Act

    Science.gov (United States)

    2010-12-22

    ... proposed rule, search ``documents open for comment'' and use key words such as ``National Labor Relations... their Beck rights. See footnote 5 above. In other words, existing law already requires notice of this.... Proposed Sec. 104.202(e) states that the Board will print the notice poster and provide copies to employers...

  13. 76 FR 54110 - Attorney General's Guidelines on Implementation of the Provisions of the Voting Rights Act...

    Science.gov (United States)

    2011-08-31

    ... rule updates the Attorney General's interpretative guidelines under the language minority provisions of.... Also, on July 26, 2002, the Assistant Attorney General of the Civil Rights Division sent a letter to... of the then-existing Attorney General's interpretative guidelines, 28 CFR part 55. This rule conforms...

  14. A legislative history of the Social Security Protection Act of 2004.

    Science.gov (United States)

    Hansen, Erik

    2008-01-01

    Passage of the original Social Security Act in 1935, Public Law (P.L.) 74-271, represented one of the watershed achievements of social welfare reform in American history. For the first time, workers were guaranteed a basic floor of protection against the hardships of poverty. In the ensuing decades, more than 100 million beneficiaries have realized the value of this protection through the receipt of monthly Social Security payments. As this guarantee has endured and progressed, the policies and administration of such a vast and complex program have required ongoing modifications-more than 150 such revisions over the past 73 years. To some extent, these amendments can be seen as an ongoing refinement process, with the Social Security Protection Act of 2004 (SSPA) being another incremental step in the development of a social insurance program that best meets the evolving needs of American society. This article discusses the legislative history of the SSPA in detail. It includes summaries of the provisions and a chronology of the modification of these proposals as they passed through the House and Senate, and ultimately to the president's desk.

  15. H.R.3052: This Act may be cited as the Coal Field Water Protection and Replacement Act, introduced in the US House of Representatives, One Hundred Second Congress, First Session, July 25, 1991

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    This bill would amend the Surface Mining Control and Reclamation Act of 1977 to provide for the protection of water resources during coal mining operations. Sections of the bill describe probable hydrologic consequences; surface and ground water monitoring plan; performance bonds; protection of water resources for permit approval; effect of underground coal mining operations; inspection and monitoring; penalty for failure of representative of Secretary or state regulatory authority to carry out certain duties; release of performance bond; water rights and replacement; regulations; and state programs

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

    Science.gov (United States)

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

    2014-07-01

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

  17. The Policies Concerning the Strength of Intellectual Property Rights Protection: The Choices for Estonia in Wider Context of EU

    Directory of Open Access Journals (Sweden)

    Tõnu Roolaht

    2013-01-01

    Full Text Available The foreign direct investment (FDI can be substitute for the contractual transfer of intellectual property rights in a situation where these rights are weakly protected. Hence, stronger intellectual property rights protection may reduce incentives for FDI. This is, however, only one line of reasoning. Stronger intellectual property protection can also increase motivation to invest into completely new products and processes. Thus, from the slightly different perspective FDI and strength of intellectual property protection can be seen as complementary. This duality of impact makes the search for efficient protection very difficult and complex. The aim of this paper is to outline the policy choices open for Estonia in influencing the relative strength of intellectual property rights protection and its impact on FDI. The vital secondary research agenda by this concerns the influence of EU-membership on the autonomy of such policy choices. Given the fact that there exist European patents and patent registry, certain intellectual property rights protection measures and legislative practices are undoubtedly pre-determined by this embeddedness into EU-wide protection systems. The national level policies and enforcement issues may still vary.

  18. The Patient Protection and Affordable Care Act - The Role of the School Nurse: Position Statement.

    Science.gov (United States)

    2015-07-01

    It is the position of the National Association of School Nurses that the registered professional school nurse (hereinafter referred to as the school nurse) serves a vital role in the delivery of health care to our nation’s students within the health care system reshaped by the Patient Protection and Affordable Care Act of 2010, commonly known as the Affordable Care Act (ACA). This law presents an opportunity to transform the health care system through three primary goals: expanding access, improving quality, and reducing cost (U.S. Government Printing Office, 2010). School nurses stand at the forefront of this system change and continue to provide evidence-based, quality interventions and preventive care that, according to recent studies, actually save health care dollars (Wang et al., 2014). NASN supports the concept that school nursing services receive the same financial parity as other health care providers to improve overall health outcomes, including insurance reimbursement for services provided to students.

  19. The Consumer Protection Act: No-fault liability of health care providers

    OpenAIRE

    Slabbert, M Nöthling; Pepper, Michael S

    2011-01-01

    The introduction of no-fault or strict liability by the Consumer Protection Act 68 of 2008 (CPA) poses serious problems in the health care context. With a patient as a consumer' in terms of the CPA, health care practitioners may find themselves as suppliers' or retailers' as part of a supply chain, and potentially liable for harm and loss suffered by a patient in terms of the new no-fault liability provision. The claimant (patient) can sue anyone in the supply chain in terms of this provision...

  20. 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.

  1. The new Federal Act for the protection against nuisances (BImSchV)

    International Nuclear Information System (INIS)

    Froeba, K.; Thomas, L.

    1977-01-01

    Text of the decree with introduction and comprehensive explanations. Furnaces (1st decree of BImSchV); Chemical purification installations (2nd decree of BImSchV); sulfur content of light fuel oil and diesel oil (3rd decree of BImSchV); installations subject to licensing (4th decree of BImSchV); persons authorized with the protection against nuisances (5th decree of BImSchV); know-how and reliability of these persons (6th decree of BImSchV); ejection limitation for wood dust (7th decree of BImSchV); limitation of noise made by lawn mowing machines (8th decree of BImSchV); principles of the licensing procedure (9th decree of BImSchV). Text of the Federal Act for the Protection Against Nuisances. (orig.) [de

  2. Awareness of Consumer Protection Act among Doctors in Udaipur City, India.

    Science.gov (United States)

    Singh, K; Shetty, S; Bhat, N; Sharda, A; Agrawal, A; Chaudhary, H

    2010-01-01

    To compare the awareness of provisions of consumer protection act among dental and medical professionals in Udaipur city, Rajasthan, India. In a cross sectional study, a total of 448 professionals (253 males, 195 females) belonging to dental (222) and medical (226) categories were surveyed using a self administered structured questionnaire. The questionnaire comprised of 22 questions about the awareness of consumer protection art (CPA) and whether these professionals were following the recommendations of CPA. The student's t-test, ANOVA test, and Scheffe's test were used as tests of significance. The awareness scores were significantly higher for medical professionals compared with those of dental professionals. Similarly, postgraduates showed more awareness in both the professions and it was found that private practitioners significantly have more awareness than the academic sector. Though medical professionals have more awareness of CPA compared to dental professionals, considering the present scenario, better knowledge of CPA is necessary for both professionals in order to be on the safer side.

  3. Theater Security Cooperation Planning with Article 98: How the 2002 Servicemembers' Protection Act Fosters China's Quest for Global Influence

    National Research Council Canada - National Science Library

    Hernandez, Jaime A

    2005-01-01

    The Combatant Commander is hindered in constructing Theater Security Cooperation plans due to the restrictions placed upon foreign military aid dispersal as a result of the 2002 American Servicemembers' Protection Act...

  4. Notification: Audit of the U.S. Environmental Protection Agency’s Compliance with the Federal Information Security Management Act

    Science.gov (United States)

    Project #OA-FY14-0135, February 10, 2014. The Office of Inspector General plans to begin fieldwork for an audit of the U.S. Environmental Protection Agency's compliance with the Federal Information Security Management Act (FISMA).

  5. 76 FR 55457 - Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower...

    Science.gov (United States)

    2011-09-07

    ... discrimination pursuant to the Equal Pay Act (EPA), and wish to pursue your allegations through the...: Department of Transportation, Office of the Secretary. ACTION: No FEAR Act Notice. SUMMARY: This Notice implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002...

  6. The right to appeal on criminal procedure under international acts and jurisprudence

    Directory of Open Access Journals (Sweden)

    MSc. Vilard Bytyqi

    2016-01-01

    Full Text Available The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and similarities that exist in between the appeal which is used in our criminal proceedings and the appeal which is used in the criminal proceedings that take place in the supranational courts. It is known that in courts which consist of international elements, the appeal is positioned in a more advanced level, due to the fact that there are grounds of suspicion used over every element that could be used in any national criminal proceedings. Overall, in any place of the world, the appeal has the goal to remedy court decisions brought by the court of first instance, while, in the procedural aspect it has more or less differences depending on the regulations of criminal procedures of that state.  Such difference due to the diversity of the legal systems today are also accepted as the universal legal value, since establishment of international tribunals provides the best practice in this field.

  7. Protection of constitutional rights, technological development, and responsibility towards future generations

    International Nuclear Information System (INIS)

    Lawrence, C.

    1989-01-01

    Nuclear engineering and the peaceful use of nuclear energy still is a major issue in the dispute about technological progress. There are the two most ambiguous concepts in the nuclear controversy which illustrate the uncertainty in dealing with the 'new technologies': The 'risk to be accepted', and the 'responsibility towards future generations'. The study in hand focusses on the 'risk to be accepted', which from the constitutional point of view still lacks legitimation. The concept of 'social adequacy' used in the Kalkar judgement of the Federal Constitutional Court is based on custom and consensus and today, in view of the lack of consensus, can no longer be used to derive a constitutional legitimation. This gap is filled in this study by examining the applicability of the basic right of physical integrity (Art. 2, section 2, first sentence of the GG). In addition, it is a particular feature of the concept of 'risk to be accepted' that neither the Constitution nor the Atomic Energy Act allow direct limits to the quantitative increase of that risk to be derived from their provisions. However, it is just the need for legal provisions checking and controlling the risk growing with technological progress that creates the major problem in the effort to prevent a possible intrinsic dynamic development of risks. The study investigates whether there are such instruments provided by the law. Another aspect discussed in connection with the safe ultimate disposal of radioactive wastes with half-life periods of up to 24.000 years is the responsibility we have towards the future generations. The author examines whether there are constitutional rights affecting nuclear technology in relation to this topic. (orig./HSCH) [de

  8. Legal Protection of Well-known Trademark Rights in China : History, Current Situation and Challenge

    OpenAIRE

    Chen, Zhu

    2010-01-01

    The legal term of “Well-Known Trademark” first appeared in the 1883 Paris Convention for the Protection of Industrial Property, which sets forth the principles for granting special protection to well-known trademarks. In recent years, Sino-US disputes over intellectual property protection have the trend to upgrade, and among these disputes, well-known trademark protection is an important cornerstone. In recent years in China, the well-known trademark protection system is still relatively week...

  9. Emergency Planning and Community Right-To-Know Act. Section 312 Tier Two report forms

    Energy Technology Data Exchange (ETDEWEB)

    Evans, R.A.; Martin, K.J.

    1997-02-01

    As required by Right-to-Know Laws and Pollution Prevention Requirements, the Y-12 Plant staff is submitting an unclassified version of the Tier-Two Forms. This report contains data for CY 1996 for all hazardous chemicals stored at the Y-12 Plant in quantities equal to or greater than 10,000 pounds and all extremely hazardous substances stored in quantities equal to or greater than 500 pounds or the threshold planning quantity, whichever is lower. Also included with this submittal is a key to the inventory, temperature, pressure, and container codes used on the report forms. This information is included to aid in the interpretation of the data presented. It is not necessary that the code information be forwarded to the referenced state and local agencies. Classified information supporting this document will be maintained on file for review by Q-cleared personnel.

  10. Emergency Planning and Community Right-To-Know Act. Section 312 Tier Two report forms

    International Nuclear Information System (INIS)

    Evans, R.A.

    1998-02-01

    As required by Right-to-Know Laws and Pollution Prevention Requirements, the Y-12 Plant staff is submitting an unclassified version of the Tier-Two Forms. This report contains data for CY 1997 for all hazardous chemicals stored at the Y-12 Plant in quantities equal to or greater than 10,000 pounds and all extremely hazardous substances stored in quantities equal to or greater than 500 pounds or the threshold planning quantity, whichever is lower. Also included with this submittal is a key to the inventory, temperature, pressure, and container codes used on the report forms. This information is included to aid in the interpretation of the data presented. It is not necessary that the code information be forwarded to the referenced state and local agencies. Classified information supporting this document will be maintained on file for review by Q-cleared personnel

  11. 17 CFR 240.15b5-1 - Extension of registration for purposes of the Securities Investor Protection Act of 1970 after...

    Science.gov (United States)

    2010-04-01

    ... purposes of the Securities Investor Protection Act of 1970 after cancellation or revocation. 240.15b5-1... purposes of the Securities Investor Protection Act of 1970 after cancellation or revocation. Commission... member within the meaning of Section 3(a)(2) of the Securities Investor Protection Act of 1970 for...

  12. 78 FR 15559 - Patient Protection and Affordable Care Act; Establishment of the Multi-State Plan Program for the...

    Science.gov (United States)

    2013-03-11

    ... for an MSP because OPM can treat a church plan as equivalent to an issuer under the Church Parity and Entanglement Protections Act, Public Law 106-244 (``Parity Act''). The commenter recommended that OPM could..., national origin, disability, age, sex, gender identity, or sexual orientation. We sought comment on any...

  13. Act of 14 July 1983 amending Act of 29 March 1958 relating to the protection of the population against the hazards of ionizing radiation

    International Nuclear Information System (INIS)

    1983-01-01

    The Act of 29 March 1958 on protection of the population against the hazards of ionizing radiation has been amended by an Act of 14 July 1983. The amendments concern, in particular, the non-involvement of communal authorities in decisions taken under the Act, the inclusion of the concept of the environment as a complement to public safety, and the extension of the powers of officials responsible for supervising certain aspects of the transport of radioactive materials. Finally, a new Section has been added which empowers the King to suspend or cancel decisions by decentralised administrations which affect the transport of nuclear substances. (NEA) [fr

  14. EUROPEAN COURT OF HUMAN RIGHTS AS THE GUARANTOR OF LEGAL PROTECTION OF A HUMAN IN THE FIELD OF AVIATION ACTIVITIES OF UKRAINE

    Directory of Open Access Journals (Sweden)

    Yuriy Pyvovar

    2017-11-01

    Full Text Available Purpose: The effectiveness of human rights protection in the Council of Europe largely depends on activities of the European Court, which demonstrates high standards of justice, particularly in matters of human rights protection in the field of aviation activities. The article offers a critical assessment of Ukrainian national legislation in terms of its internal legal consistency and compliance with international legal acts. Methods: The methods of legal analysis are used to study court decisions in the aviation field; methods of comparative legal analysis, forecasting and dialectical - in the study of problems in the further improvement of Ukrainian legislation. Also in article applied the theory of legal comparative, approaches to applying the analogy of legal and law in process of making decisions on similar court cases. Results: The article deals with the analysis of the European Court of Human Rights jurisdiction on cases of protection of human rights in the field of aviation activities. Two groups of cases in which Ukraine is a defendant are identified: a cases of international concern (in particular the Malaysia Airlines’ Boeing 777-200ER crash; b cases of national character (citizens of Ukraine against the State of Ukraine. The author's position on deciding the cases in the field of aviation activities is based on the principles of respect for the European Convention on Human Rights, 1950. Discussion: The conclusion about the necessity of amending some national laws, taking into account the legal positions of the European Court (in particular, regarding the right of airlines workers to strike is made, and the fact that the issues of States and airlines activities to respect human and civil rights in the field of aviation activities are covered by jurisdiction of the European Court of Human Rights and occupy an important place in its practice is indicated.

  15. Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008. Interim final rule with request for comments.

    Science.gov (United States)

    2009-04-06

    The Ryan Haight Online Pharmacy Consumer Protection Act, which was enacted on October 15, 2008, amended the Controlled Substances Act and Controlled Substances Import and Export Act by adding several new provisions to prevent the illegal distribution and dispensing of controlled substances by means of the Internet. DEA is hereby issuing an interim rule to amend its regulations to implement the legislation and is requesting comments on the interim rule.

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

    Directory of Open Access Journals (Sweden)

    N. V. Marchenko

    2014-04-01

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

  17. NCTA v. FCC - Do Commercial Free Speech Justifications Trump Consumers' Personal Data Protection Rights? Answer To Shape Mobile Advertising Industry

    DEFF Research Database (Denmark)

    Cleff, Evelyne Beatrix; King, Nancy J.

    2010-01-01

    's right to communicate with their customers. Considering privacy risks associated with advances in computer technology, the complexities of modern information processing and evolving mobile advertising (m-advertising) practices, privacy regulations should not be equated with unwarranted speech regulations...... balance between protecting consumers' information privacy in an era of pervasive data processing and protecting the rights of marketers to engage in protected commercial free speech that involves using customers' personal information. A ruling against the FCC would have limited the use of government...... to support the growth of the global mobile advertising (m-advertising) industry....

  18. THE CONSUMER PROTECTION ACT 68 OF 2008 AND PROCEDURAL FAIRNESS IN CONSUMER CONTRACTS

    Directory of Open Access Journals (Sweden)

    Philip N Stoop

    2015-11-01

    Full Text Available In general, the concept "contractual fairness" can be narrowed down, described and analysed with reference to the two interdependent types of fairness – substantive and procedural fairness. Measures aimed at procedural fairness in contracts address conduct during the bargaining process and generally aim at ensuring transparency. One could say that a contract is procedurally fair where its terms are transparent and do not mislead as to aspects of the goods, service, price and terms. Despite the noble aims of legislative measures aimed at procedural fairness there are certain limits to the efficacy of procedural measures and transparency. The special procedural measures which must be considered in terms of the Consumer Protection Act 68 of 2008 in order to decide if a contract is fair are analysed in this article, as are other measures contained in the Act, which may also increase procedural fairness, and are discussed so as to allow suppliers to predict whether their contracts will be procedurally fair or not in terms of the Act. The special procedural measures can be categorised under measures requiring disclosure and/or mandatory terms, and measures addressing bargaining position and choice. It is concluded that owing to the nature of all these factors and measures related to procedural fairness, it is clear that openness and transparency are required by the CPA.

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

    NARCIS (Netherlands)

    La Fors, Karolina

    2015-01-01

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

  20. Home-Schools and Interscholastic Sports: Denying Participation Violates United States Constitutional Due Process and Equal Protection Rights. Chalk Talk.

    Science.gov (United States)

    Webb, Derwin L.

    1997-01-01

    Participation in sports, in some instances, is considered a right which grants students the opportunity to be involved in extracurricular activities. Discusses the potential violation of home-schooled students' constitutional due process and equal protection rights and the pertinent laws regarding students and their ability to participate in…

  1. Unfinished business: concurrence of claims presented before a human rights court or treaty body and through diplomatic protection

    NARCIS (Netherlands)

    Vermeer-Künzli, A.M.H.

    2010-01-01

    International law has not, yet, defined the limits of concurrent cases involving resort to a human rights mechanism and diplomatic protection. The European Court of Human Rights has on occasion dealt with questions of simultaneous procedures and the International Law Commission (ILC) has described

  2. 76 FR 66940 - Privacy Act of 1974; Department of Homeland Security/United States Secret Service-004 Protection...

    Science.gov (United States)

    2011-10-28

    ... DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket No. DHS-2011-0083] Privacy Act of 1974; Department of Homeland Security/United States Secret Service--004 Protection Information System... Security (DHS)/United States Secret Service (USSS)-004 System name: DHS/USSS-004 Protection Information...

  3. 47 CFR 54.520 - Children's Internet Protection Act certifications required from recipients of discounts under the...

    Science.gov (United States)

    2010-10-01

    ... “technology protection measure” as used in this section, are defined in the Children's Internet Protection Act... discounts for Internet access or internal connections must certify on FCC Form 486 that an Internet safety... entity for the consortium, the school must certify instead on FCC Form 479 (“Certification to Consortium...

  4. Protection of business and industrial secrets under the Atomic Energy Act and the relevant ordinances governing licensing and supervisory procedures

    International Nuclear Information System (INIS)

    Steinberg, R.

    1988-01-01

    The article deals with problems concerning the protection of secret information in licensing and supervisory procedures under the Atomic Energy Act and the relevant ordinances. The extent of the secret protection of business and industrial secrets is regulated differently for both procedures. These legal provisions have to be interpreted with due consideration for third party interests in information. (WG) [de

  5. Tools for Consumer Rights Protection in the Prediction of Electronic Virtual Market and Technological Changes

    Directory of Open Access Journals (Sweden)

    Mikuláš Gangur

    2014-05-01

    Full Text Available Electronic virtual markets can serve as an alternative tool for collecting information that is spread among numerous experts. This is the principal market functionality from the operators’ point of view. On the other hand it is profits that are the main interest of the market participants. What they expect from the market is liquidity as high as possible and the opportunity for unrestricted trading. Both the operator and the electronic market participant can be considered consumers of this particular market with reference to the requirements for the accuracy of its outputs but also for the market liquidity. Both the above mentioned groups of consumers (the operators and the participants themselves expect protection of their specific consumer rights, i.e. securing the two above mentioned functionalities of the market. These functionalities of the electronic market are, however, influenced by many factors, among others by participants’ activity. The article deals with the motivation tools that may improve the quality of the prediction market. In the prediction electronic virtual market there may be situations in which the commonly used tools for increasing business activities described in the published literature are not significantly effective. For such situations we suggest a new type of motivation incentive consisting in penalizing the individual market participants whose funds are not placed in the market. The functionality of the proposed motivation incentive is presented on the example of the existing data gained from the electronic virtual prediction market which is actively operated.

  6. The right to protection from sexual assault: the Indian anti-rape campaign.

    Science.gov (United States)

    Gangoli, G

    1996-11-01

    This article reveals a viewpoint that emphasizes some dilemmas among Indian feminist practice, women's sexuality in legal terms, and case law in India. The Indian Women's Movement (IWM) was successful in 1983 in adding a legal amendment on rape and child abuse. The case that mobilized women to change the law occurred in 1980 when a court acquitted two policemen who were charged with raping and molesting a 16-year-old tribal girl. The Bombay High Court overturned the judgement and convicted both policemen. The case was appealed, and the policemen successfully argued that rape did not occur because the girl did not protest and was sexually experienced anyway. In 1980 the Forum Against Rape was formed to mobilize public support and to lobby the State for reform of the law on rape. The campaign focused on custodial rape and political repression, rape as civil rights issue, and rape as a women's issue. There was a distancing between the victim, who occupied a lower caste and class position, and her defenders in the women's groups. The campaign appealed to both the appropriate judgement of the State and the denial that the State was an effective vehicle for change. The campaign did not directly address incest and marital rape or domestic violence within families. The legislature debated the issue of legal change during 1982. The debate revealed deep divisions about sexuality and women's status. It was argued that chaste women were not rape victims, and unchaste women were of a socially inferior caste and class. It was argued that there should be a ban on child marriage rather than spousal rape laws. Child rape is a legal issue only when the perpetrator is outside the family. Rape was discussed as an act of lust and not violence. In 1992, a woman promoting an end to child marriage was raped and the men were acquitted. It was argued that the law was out-of-date and in need of revision.

  7. Post-acute care and vertical integration after the Patient Protection and Affordable Care Act.

    Science.gov (United States)

    Shay, Patrick D; Mick, Stephen S

    2013-01-01

    The anticipated changes resulting from the passage of the Patient Protection and Affordable Care Act-including the proposed adoption of bundled payment systems and the promotion of accountable care organizations-have generated considerable controversy as U.S. healthcare industry observers debate whether such changes will motivate vertical integration activity. Using examples of accountable care organizations and bundled payment systems in the American post-acute healthcare sector, this article applies economic and sociological perspectives from organization theory to predict that as acute care organizations vary in the degree to which they experience environmental uncertainty, asset specificity, and network embeddedness, their motivation to integrate post-acute care services will also vary, resulting in a spectrum of integrative behavior.

  8. Financial protection against nuclear hazards: thirty years' experience under the Price-Anderson Act

    International Nuclear Information System (INIS)

    Anon.

    1984-01-01

    Supplementing earlier reports on ways to provide financial protection against the potential hazards involved in the production of nuclear energy by analyzing the issues raised in the Silkwood v. Kerr-McGee Corporation decision, the author explores the impact of the case on the availability of funds to compensate the public and any increased exposure of the nuclear industry or the federal government to public liability. She concludes that the decision will have a significant impact on the day-to-day administration of claims, and could lead to higher premiums. The court would have to determine the priority given to claims in the event of a catastrophic accident, in which case the only significant impact would be under amendments to the Price-Anderson Act which resulted in elimination of its coverage or a substantial increase in or elimination of the limitation on liability

  9. Patient rights protection in the Czech Republic: challenges of a transition from Communism to a modern legal system.

    Science.gov (United States)

    Dostal, O

    2007-03-01

    The post-Communist countries in Central Europe, including the Czech Republic, underwent a rapid transformation of their legal systems, within which the concept of patient rights passed through revolutionary changes. This process however often left significant gaps in patient rights protection. There are practical difficulties for patients in defending their rights before the courts, such as problems with obtaining evidence and independent expert opinions, long delays and high costs of court proceedings, strict burden of proof rules and low compensation levels. Modern patient rights often collide with the systems of health care provision that are still unprepared for patient autonomy and responsibility. The experience gained in the transition process might be applicable also to other countries that undergo changes from traditional to modern system of patient rights protection.

  10. Patients Bill of Rights Data

    Data.gov (United States)

    U.S. Department of Health & Human Services — Reducing Costs, Protecting Consumers - The Affordable Care Act on the One Year Anniversary of the Patients Bill of Rights For too long, too many hard working...

  11. Why the Equal Rights Amendment?

    Science.gov (United States)

    Denmark, Florence L.

    The Equal Rights Amendment proposes to ensure constitutional protection against all legislative sex discrimination. "Separate but Equal" standards, be they legal, social or psychological, are inevitably incompatable with equal protection under the law and act as a barrier to each individual's freedom for self determination. Equal rights,…

  12. Australian Radiation Protection and Nuclear Safety Act 1998. Guide to the Australian radiation protection and nuclear safety licensing framework. 1. ed.

    International Nuclear Information System (INIS)

    1999-03-01

    The purpose of this guide is to provide information to Commonwealth entities who may require a license under the Australian Radiation Protection and Nuclear Safety (ARPANS) Act 1998 to enable them to posses, have control of, use, operate or dispose of radiation sources. The guide describes to which agencies and what activities require licensing. It also addresses general administrative and legal matters such as appeal procedures, ongoing licensing requirements, monitoring and compliance. Applicants are advised to consult the Australian Radiation Protection and Nuclear Safety Act 1998 and accompanying Regulations when submitting applications

  13. Australian Radiation Protection and Nuclear Safety Act 1998. Guide to the Australian radiation protection and nuclear safety licensing framework; 1. ed

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1999-03-01

    The purpose of this guide is to provide information to Commonwealth entities who may require a license under the Australian Radiation Protection and Nuclear Safety (ARPANS) Act 1998 to enable them to posses, have control of, use, operate or dispose of radiation sources. The guide describes to which agencies and what activities require licensing. It also addresses general administrative and legal matters such as appeal procedures, ongoing licensing requirements, monitoring and compliance. Applicants are advised to consult the Australian Radiation Protection and Nuclear Safety Act 1998 and accompanying Regulations when submitting applications

  14. Fundamental right to freedom of genetic research and the protection of personal data: the principles of prevention and precaution to guarantee the right to privacy

    Directory of Open Access Journals (Sweden)

    Regina Linden Ruaro

    2015-09-01

    Full Text Available This article reviews fundamental rights of freedom of research and protection of personal data in the field of human genetics, it proposes the application of the precautionary principle of prevention. Evaluates the Brazilian legislation on the subject matter of research as to guarantee privacy measure of personal data and information collected in scientific research, a situation that worsens in the middle in digital and virtual world because it is a space virtually rapid development. Focuses on the limitation of fundamental rights, based on the conception that are not absolute. It proposes the principles of precaution and prevention among virtual environment. The deductive and dialectical methods are adopted, having premised most fundamental rights related and under Brazilian law; the dialectical method was used because the issue is the subject of constant debate is necessary confrontation of doctrinal currents and the Brazilian legislation.

  15. NCTA v. FCC - Do Commercial Free Speech Justifications Trump Consumers' Personal Data Protection Rights? Answer To Shape Mobile Advertising Industry

    DEFF Research Database (Denmark)

    Cleff, Evelyne Beatrix; King, Nancy J.

    2010-01-01

    telecommunication carriers' personal data sharing practices in order to protect their customers' data privacy when the regulation restricts use of the data for marketing purposes. In this case National Cable and Telecommunications Association (NCTA) challenged a new Federal Communications Commission (FCC) rule...... requiring carriers to obtain customers' advance approval before releasing their telephone record information for marketing purposes. NCTA claimed the FCC's new opt-in rule violates companies' First Amendment right to engage in commercial speech. At stake in this appeal was the constitutionally required...... balance between protecting consumers' information privacy in an era of pervasive data processing and protecting the rights of marketers to engage in protected commercial free speech that involves using customers' personal information. A ruling against the FCC would have limited the use of government...

  16. LEGAL PROTECTION AGAINST CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING IN CIANJUR DISTRICT STUDIED BY HUMAN RIGHTS PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Henny Nuraeny

    2015-05-01

    Full Text Available Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficking in Cianjur is in line with the concept of human rights. This study uses normative juridical approach and specification of descriptive analysis. Results from this study is the protection of child victims of trafficking in persons has been referred to the concept of human rights which the regional government make policies on prevention of trafficking, rehabilitation, counseling and empowerment of victims of human trafficking.

  17. LEGAL PROTECTION AGAINST CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING IN CIANJUR DISTRICT STUDIED BY HUMAN RIGHTS PERSPECTIVE

    OpenAIRE

    Henny Nuraeny; Tanti Kirana Utami

    2015-01-01

    Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficki...

  18. Knowledge and awareness of the Consumer Protection Act among dental professionals in India: A systematic review.

    Science.gov (United States)

    Singh, Gurminder; Gambhir, Ramandeep Singh; Singh, Simarpreet; Talwar, Puneet Singh; Munjal, Vaibhav

    2014-07-01

    The medical profession has been included in the Consumer Protection Act (CPA), to protect the interests of the patients in case of any unethical treatment rendered by the doctor. The present systematic review was conducted to assess the knowledge and awareness of CPA among dental professionals in India. A systematic review of relevant cross-sectional observational studies was conducted regarding the level of knowledge and awareness of CPA among dental professionals in India. Five studies out of 44 were finally included in the present review, after conducting both an electronic and manual search of scientific databases. The potential biases were reported and appropriate data was extracted by the concerned investigators. More than 90% of the study subjects in one of the studies were aware of the CPA, as compared to other studies. In two studies, when queried about the correct time period during which a patient can sue a doctor, very few subjects (18 and 23.2%) answered correctly. Almost 90% of the subjects were taking some form of consent in one of the studies. Private practitioners had more awareness as compared to academicians and combined practitioners. The results of the present review showed that a majority of the subjects were aware of the existence of CPA, but knowledge about the basic rules and regulations was lacking in a few studies. Therefore, dental professionals need to keep themselves updated on the various rules and latest amendments to save themselves from any litigation.

  19. Knowledge and awareness of Consumer Protection Act among private dentists in Tricity, Punjab.

    Science.gov (United States)

    Gambhir, Ramandeep Singh; Dhaliwal, Jagjit Singh; Anand, Samir; Bhardwaj, Arvind

    2015-01-01

    Consumer Protection Act (CPA) aims to protect the interests of the patients in case of any unethical treatment rendered by a medical or a dental health professional. The present study was conducted to assess knowledge and awareness of CPA among dental professionals in a Tricity in India. A cross-sectional study was conducted among 265 private dental practitioners in Tricity. A close-ended self-structured questionnaire was administered which contained 15 questions on knowledge and awareness regarding CPA. Categorization of knowledge scores was done at three levels-low, medium and high. Statistical analysis was done using ANOVA and Student t-test. 54.7% (145) of subjects were having low knowledge scores, 23.3% (62) had a medium score and 21.8% (58) had a high score. Mean knowledge score according to educational level was statistically significant (P 0.05). The results of the present study showed that majority of the subjects were aware of the existence of CPA but knowledge regarding basic rules and regulations was lacking in few studies. Therefore, dental professionals need to keep them updated of various rules and latest amendments to save themselves from any litigation.

  20. Knowledge and awareness of Consumer Protection Act among private dentists in Tricity, Punjab

    Directory of Open Access Journals (Sweden)

    Ramandeep Singh Gambhir

    2015-01-01

    Full Text Available Background: Consumer Protection Act (CPA aims to protect the interests of the patients in case of any unethical treatment rendered by a medical or a dental health professional. The present study was conducted to assess knowledge and awareness of CPA among dental professionals in a Tricity in India. Materials and Methods: A cross-sectional study was conducted among 265 private dental practitioners in Tricity. A close-ended self-structured questionnaire was administered which contained 15 questions on knowledge and awareness regarding CPA. Categorization of knowledge scores was done at three levels-low, medium and high. Statistical analysis was done using ANOVA and Student t-test. Results: 54.7% (145 of subjects were having low knowledge scores, 23.3% (62 had a medium score and 21.8% (58 had a high score. Mean knowledge score according to educational level was statistically significant (P 0.05. Conclusion: The results of the present study showed that majority of the subjects were aware of the existence of CPA but knowledge regarding basic rules and regulations was lacking in few studies. Therefore, dental professionals need to keep them updated of various rules and latest amendments to save themselves from any litigation.

  1. Federal Administrative Court denies the International Union for the Protection of Life the right to file suit

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    In its decision of July 16, 1980, the Federal Administrative Court dismissed the appeal lodged by the International Union for the Protection of Life against the dismissal by the Supreme Administrative Court concerning the action to set aside the preliminary decision on the Kruemmel reactor. The Court denied its right to file suit. The amount in ligitation was fixed at 20000 DM. The appelant cannot assert that his rights are being violated. The appelent's commitment to protect life is not hindered in an administrative way by the preliminary decision. Only members of the association could put forward that the basic rights of the individual protected in Art. 2, Sect. 2 of the Basic Law are being endangered. Section 7 (2) of the Atomic Energy Law does not serve to protect the freedom of association, it gives third party protection for associations only in case of property damage. Neither can the right to file suit be derived for the addressee of a decision from Section 4 (2) of the Ordinance concerning the procedure for licensing nuclear installations. (HSCH) [de

  2. Legal and ethical standards for protecting women's human rights and the practice of conscientious objection in reproductive healthcare settings.

    Science.gov (United States)

    Zampas, Christina

    2013-12-01

    The practice of conscientious objection by healthcare workers is growing across the globe. It is most common in reproductive healthcare settings because of the religious or moral values placed on beliefs as to when life begins. It is often invoked in the context of abortion and contraceptive services, including the provision of information related to such services. Few states adequately regulate the practice, leading to denial of access to lawful reproductive healthcare services and violations of fundamental human rights. International ethical, health, and human rights standards have recently attempted to address these challenges by harmonizing the practice of conscientious objection with women's right to sexual and reproductive health services. FIGO ethical standards have had an important role in influencing human rights development in this area. They consider regulation of the unfettered use of conscientious objection essential to the realization of sexual and reproductive rights. Under international human rights law, states have a positive obligation to act in this regard. While ethical and human rights standards regarding this issue are growing, they do not yet exhaustively cover all the situations in which women's health and human rights are in jeopardy because of the practice. The present article sets forth existing ethical and human rights standards on the issue and illustrates the need for further development and clarity on balancing these rights and interests. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  3. THE BASIC OBJECTIVES OF DEMECRACY  AND FUNDAMENTAL INTERNATIONAL AGREEMENTS  FOR THE PROTECTION OF HUMAN RIGHTS

    OpenAIRE

    ILGAZ , Dr.Nesrin DEMİR  Assist.Prof.Dr.Deniz

    2007-01-01

    The basic objectives of democracy, as they take place openly in the definition of the concept and are lead primarily by freedom and equality, are listed as political representation, political participation and rights. The first important document created in the international arena concerning human rights is the Universal Declaration on Human Rights, an instrument of the United Nations. A regional agreement which has great significance is the European Convention on Human Rights and Fundamental...

  4. THE ROLE OF THE EUROPEAN COMMITTEE FOR SOCIAL RIGHTS (ECSR IN THE EUROPEAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS. INTERACTIONS WITH ECHR JURISPRUDENCE

    Directory of Open Access Journals (Sweden)

    Cristina Sâmboan

    2013-11-01

    Full Text Available Upon its foundation in 1961, the European Committee for Social Rights (ECSR was meant to be a counterpart of the European Court of Human Rights (ECHR in the field of economic, social and cultural rights, i.e. an international body of control regarding the manner in which states understand to respect human rights. But, given the fastidious contents of ESCR and for political reasons, ECSR has never enjoyed the same guarantee mechanisms or level of accessibility that have characterized ECHR. The aim of this study is to show that, in spite of such flaws, the ECSR has proven its efficiency in the European system for the protection of human rights. The analysis of its decisions, as well as their interactions with the ECHR jurisprudence proves that the flexible and protectionist decisions of this jurisdictional body command authority and their coercive nature is recognized at national level. Moreover, this body has an important influence on ECHR. The jurisprudential interpretations of ECSR may also serve as reference points for national users (lawyers, magistrates, organizations, which makes it even more necessary to know and understand it at this level.

  5. Intellectual property right protection and its effects in North-South product cycles with innovation, adaption and imitation

    OpenAIRE

    Pättiniemi, Emmi

    2015-01-01

    The significance of knowledge and innovation has become an increasingly important part of international trade. Consequently, there have been continuous efforts to globally improve protection of intellectual property rights (IPRs) through international trade agreements related to IPRs. The most comprehensive agreement is the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) that came into force on 1st of January 1995. As a founding part of World Trade Organization (WTO...

  6. THE INFLUENCE OF THE CONSUMER PROTECTION ACT 68 OF 2008 ON THE COMMON LAW WARRANTY AGAINST EVICTION: A COMPARATIVE OVERVIEW

    Directory of Open Access Journals (Sweden)

    J Barnard

    2012-12-01

    Full Text Available The implementation of the Consumer Protection Act 68 of 2008 (CPA has great implications for the South African common law of sale. In this contribution the influence of the CPA on the seller’s common law duty to warrant the buyer against eviction is investigated. Upon evaluation of the relevant provisions of the CPA, the legal position in the United Kingdom – specifically the provisions of the Sales of Goods Act of 1979 – is investigated.

  7. 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

  8. The United States Revised Uniform Anatomical Gift Act (2006: New challenges to balancing patient rights and physician responsibilities

    Directory of Open Access Journals (Sweden)

    McGregor Joan L

    2007-09-01

    Full Text Available Abstract Advance health care directives and informed consent remain the cornerstones of patients' right to self-determination regarding medical care and preferences at the end-of-life. However, the effectiveness and clinical applicability of advance health care directives to decision-making on the use of life support systems at the end-of-life is questionable. The Uniform Anatomical Gift Act (UAGA has been revised in 2006 to permit the use of life support systems at or near death for the purpose of maximizing procurement opportunities of organs medically suitable for transplantation. Some states have enacted the Revised UAGA (2006 and a few of those have included amendments while attempting to preserve the uniformity of the revised Act. Other states have introduced the Revised UAGA (2006 for legislation and remaining states are likely to follow soon. The Revised UAGA (2006 poses challenges to the Patient Self Determination Act (PSDA embodied in advance health care directives and individual expression about the use of life support systems at the end-of-life. The challenges are predicated on the UAGA revising the default choice to presumption of donation intent and the use of life support systems to ensure medical suitability of organs for transplantation. The default choice trumps the expressed intent in an individual's advance health care directive to withhold and/or withdraw life support systems at the end-of-life. The Revised UAGA (2006 overrides advance directives on utilitarian grounds, which is a serious ethical challenge to society. The subtle progression of the Revised UAGA (2006 towards the presumption about how to dispose of one's organs at death can pave the way for an affirmative "duty to donate". There are at least two steps required to resolve these challenges. First, physicians and hospitals must fulfill their responsibilities to educate patients on the new legislations and document their preferences about the use of life support

  9. 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.

  10. Setting priorities to avoid deforestation in Amazon protected areas: are we choosing the right indicators?

    Science.gov (United States)

    Nolte, Christoph; Agrawal, Arun; Barreto, Paulo

    2013-03-01

    Cost-effective protected area networks require that decision makers have sufficient information to allocate investments in ways that generate the greatest positive impacts. With applications in more than 50 countries, the Rapid Assessment and Prioritization of Protected Area Management (RAPPAM) method is arguably the tool used most widely to assist such prioritization. The extent to which its indicators provide useful measures of a protected area’s capacity to achieve its conservation objectives, however, has seldom been subject to empirical scrutiny. We use a rich spatial dataset and time series data from 66 forest protected areas in the Brazilian Amazon to examine whether RAPPAM scores are associated with success in avoiding deforestation. We find no statistically significant association between avoided deforestation and indicators that reflect preferential targets of conservation investments, including budget, staff, equipment, management plans and stakeholder collaboration. Instead, we find that the absence of unsettled land tenure conflicts is consistently associated strongly with success in reducing deforestation pressures. Our results underscore the importance of tracking and resolving land tenure in protected area management, and lead us to call for more rigorous assessments of existing strategies for assessing and prioritizing management interventions in protected areas.

  11. Setting priorities to avoid deforestation in Amazon protected areas: are we choosing the right indicators?

    International Nuclear Information System (INIS)

    Nolte, Christoph; Agrawal, Arun; Barreto, Paulo

    2013-01-01

    Cost-effective protected area networks require that decision makers have sufficient information to allocate investments in ways that generate the greatest positive impacts. With applications in more than 50 countries, the Rapid Assessment and Prioritization of Protected Area Management (RAPPAM) method is arguably the tool used most widely to assist such prioritization. The extent to which its indicators provide useful measures of a protected area’s capacity to achieve its conservation objectives, however, has seldom been subject to empirical scrutiny. We use a rich spatial dataset and time series data from 66 forest protected areas in the Brazilian Amazon to examine whether RAPPAM scores are associated with success in avoiding deforestation. We find no statistically significant association between avoided deforestation and indicators that reflect preferential targets of conservation investments, including budget, staff, equipment, management plans and stakeholder collaboration. Instead, we find that the absence of unsettled land tenure conflicts is consistently associated strongly with success in reducing deforestation pressures. Our results underscore the importance of tracking and resolving land tenure in protected area management, and lead us to call for more rigorous assessments of existing strategies for assessing and prioritizing management interventions in protected areas. (letter)

  12. Undeclared baggage: Do tourists act as vectors for seed dispersal in fynbos protected areas?

    Directory of Open Access Journals (Sweden)

    Elizabeth H. Bouchard

    2015-10-01

    Full Text Available Encroachment by alien species is the second greatest threat to biodiversity worldwide. As South Africa’s Cape Floristic Region has a botanical endemism of nearly 70%, conservation efforts are a high priority. Estimates suggest that alien species cost the country over R6.5 billion per year. Despite significant research on alien species dispersal, the role of tourists as seed dispersers requires further exploration. To investigate the potential role tourists play in introducing alien seeds into protected areas, long-bristle brushes were used to scrape seeds off the shoes of hikers, dog walkers and cyclists, as well as the wheels of mountain bikes and dogs themselves, upon entering the Silvermine Nature Reserve section of the Table Mountain National Park in the Western Cape province, South Africa. In addition, a vegetation survey was conducted. This comprised 18 transects at various distances from the recreational paths in the park, and used a prioritisation ranking system that identified the alien species of greatest concern. It was concluded that the greatest number of alien plant species could be found along dog paths, in comparison to the hiking trails and cycling trails. This corresponded to the findings that dog walkers had the highest incidence of seeds on their shoes, suggesting that tourists were possibly dispersing seeds from their gardens. Alien species significantly covered more of the vegetation transects closer to the trails than they did in transects further into the matrix. Because more alien species were present in areas susceptible to human disturbance, the data suggest that tourists can act as vectors for alien seed dispersal. These findings emphasise the need for active tourism management in line with the South African National Parks Biodiversity Monitoring Programme in order to prevent the introduction and spread of alien species into South Africa’s protected areas. Conservation implications: Tourism is the main source of

  13. Can human rights standards help protect children and youth from the detrimental impact of alcohol beverage marketing and promotional activities?

    Science.gov (United States)

    Chapman, Audrey R

    2017-01-01

    The alcohol industry in the Latin American and Caribbean (LAC) region promotes demand for alcohol products actively through a number of channels, including advertising and sponsorship of sports and other events. This paper evaluates whether human rights instruments that Latin American countries have ratified can be used to limit children's exposure to alcohol advertising and promotion. A review was conducted of the text of, and interpretative documents related to, a series of international and regional human rights instruments ratified by most countries in the LAC region that enumerate the right to health. The Convention on the Rights of the Child has the most relevant provisions to protect children and youth from alcohol promotion and advertising. Related interpretive documents by the United Nations Committee on the Rights of the Child affirm that corporations hold duties to respect and protect children's right to health. Human rights norms and law can be used to regulate or eliminate alcohol beverage marketing and promotional activities in the Latin American region. The paper recommends developing a human rights based Framework Convention on Alcohol Control to provide guidance. © 2016 Society for the Study of Addiction.

  14. The Myth of Free and Barrier-Free Access: India's Right to Education Act--Private Schooling Costs and Household Experiences

    Science.gov (United States)

    Srivastava, Prachi; Noronha, Claire

    2016-01-01

    We examine relative household costs and experiences of accessing private and government schooling under India's "Right of Children to Free and Compulsory Education Act, 2009" in the early implementation phase. The Act deems that no child should incur any fee, charges, or expenses in accessing schooling. Private schools are mandated to…

  15. "International Criminalisation and Child Welfare Protection": The Optional Protocol to the Convention on the Rights of the Child

    Science.gov (United States)

    Buck, Trevor

    2008-01-01

    The Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution and Child Pornography has two overall aims: (i) to strengthen international criminalisation and (ii) to provide welfare protection for child victims. This article reviews the context of the Protocol including the work of the Special…

  16. Courts, privacy and data protection in Belgium : Fundamental rights that might as well be struck from the constitution

    NARCIS (Netherlands)

    de Hert, Paul; Brkan, Maja; Psychogiopoulou, Evangelia

    2017-01-01

    Through critical analysis of case law in Belgium courts, this chapter reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights

  17. Constitutionalisation and Judicial Protection of Social Rights - An Approach to Latin American Case

    OpenAIRE

    German Lopez Daza

    2015-01-01

    Latin America is probably the region with greater social inequality, contrary to the amount of rights enshrined in their constitutions. In the last decade of the twentieth century, the area resulted in significant changes to democratization and constitutional changes. Through low-key public policy, political leaders activated participation in the culture of human rights. The struggle for social rights in Latin America has been a constant regulation. His consecration at th...

  18. The constitutional protection of trade secrets and patents under the Biologics Price Competition and Innovation Act of 2009.

    Science.gov (United States)

    Epstein, Richard A

    2011-01-01

    The Biologics Price Competition and Innovation Act of 2009 ("Biosimilars Act") is for the field of pharmaceutical products the single most important legislative development since passage of the Drug Price Competition and Patent Term Restoration Act of 1984 ("Hatch-Waxman Act"), on which portions of the Biosimilars Act are clearly patterned. Congress revised section 351 of the Public Health Service Act (PHSA) to create a pathway for FDA approval of "biosimilar" biological products. Each biosimilar applicant is required to cite in its application a "reference product" that was approved on the basis of a full application containing testing data and manufacturing information, which is owned and was submitted by another company and much of which constitutes trade secret information subject to constitutional protection. Because the Biosimilars Act authorizes biosimilar applicants to cite these previously approved applications, the implementation of the new legislative scheme raises critical issues under the Fifth Amendment of the Constitution, pursuant to which private property--trade secrets included--may not be taken for public use, without "just compensation." FDA must confront those issues as it implements the scheme set out in the Biosimilars Act. This article will discuss these issues, after providing a brief overview of the Biosimilars Act and a more detailed examination of the law of trade secrets.

  19. 50 CFR 82.20 - Civil rights.

    Science.gov (United States)

    2010-10-01

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

  20. Hydrogeologic uncertainties and policy implications: The Water Consumer Protection Act of Tucson, Arizona, USA

    Science.gov (United States)

    Wilson, L. G.; Matlock, W. G.; Jacobs, K. L.

    The 1995 Water Consumer Protection Act of Tucson, Arizona, USA (hereafter known as the Act) was passed following complaints from Tucson Water customers receiving treated Central Arizona Project (CAP) water. Consequences of the Act demonstrate the uncertainties and difficulties that arise when the public is asked to vote on a highly technical issue. The recharge requirements of the Act neglect hydrogeological uncertainties because of confusion between "infiltration" and "recharge." Thus, the Act implies that infiltration in stream channels along the Central Wellfield will promote recharge in the Central Wellfield. In fact, permeability differences between channel alluvium and underlying basin-fill deposits may lead to subjacent outflow. Additionally, even if recharge of Colorado River water occurs in the Central Wellfield, groundwater will become gradually salinized. The Act's restrictions on the use of CAP water affect the four regulatory mechanisms in Arizona's 1980 Groundwater Code as they relate to the Tucson Active Management Area: (a) supply augmentation; (b) requirements for groundwater withdrawals and permitting; (c) Management Plan requirements, particularly mandatory conservation and water-quality issues; and (d) the requirement that all new subdivisions use renewable water supplies in lieu of groundwater. Political fallout includes disruption of normal governmental activities because of the demands in implementing the Act. Résumé La loi de 1995 sur la protection des consommateurs d'eau de Tucson (Arizona, États-Unis) a été promulguée à la suite des réclamations des consommateurs d'eau de Tucson alimentés en eau traitée à partir à la station centrale d'Arizona (CAP). Les conséquences de cette loi montrent les incertitudes et les difficultés qui apparaissent lorsque le public est appeléà voter sur un problème très technique. Les exigences de la loi en matière de recharge négligent les incertitudes hydrogéologiques du fait de la

  1. Protecting Children's Rights: "I Want to Live with BOTH Daddy and Mommy."

    Science.gov (United States)

    Hall, Alex S.; Kelly, Kevin R.

    1992-01-01

    Contends that counselors and teachers can promote children's rights to nurturance and self-determination by encouraging parents to respect children's desire to live with both parents after divorce. Attempts to increase awareness among teachers and counselors that children as persons, rather than property, have specific rights in relation to…

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

    Science.gov (United States)

    Office for Civil Rights, US Department of Education, 2015

    2015-01-01

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

  3. Battling for the Rights to Privacy and Data Protection in the Irish Courts

    Directory of Open Access Journals (Sweden)

    Shane Darcy

    2015-02-01

    Full Text Available Far-reaching mass surveillance by the US National Security Agency and other national security services has brought issues of privacy and data protection to the fore in recent years. Information and technology companies have been embroiled in this scandal for having shared, unwittingly or otherwise, users’ personal data with the security services. Facebook, the world’s largest social media company, has long-been criticised by privacy advocates because of its treatment of users’ data. Proceedings before the Irish courts concerning the role of national data protection authorities have seen an examination of these practices in light of relevant Irish and EU law.

  4. Impact of general data protection regulation on children's rights in digital environment

    Directory of Open Access Journals (Sweden)

    Krivokapić Đorđe

    2016-01-01

    Full Text Available Raising the age of consent to data processing to 16 and allowing member states to set it at a lower age, was one of the major points of argument in the wake of passing the new EU General Data Protection Regulation (GDPR, otherwise hailed for introducing the Article 8 that recognizes children as a vulnerable group. This paper analyzes legal grounds for concerns raised over the provisions related to personal data protection of minors, possible ramifications and remedies within the given framework. It also highlights innovations and positive solutions set in the GDPR, with respect to privacy risks and opportunities for children in the information society.

  5. Building Prevention to Protect: The Inter-American Human Rights System

    Directory of Open Access Journals (Sweden)

    Carlos Portales

    2017-03-01

    Full Text Available The article explores the way that the Inter-American human rights system assumes the “responsibility to protect” in the context of serious violations of human rights that can be characterized as war crimes, crimes against humanity, genocide, and ethnic cleansing. The essay describes  how the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have responded to such situations by using the ample powers granted to them by the OAS member states. The authors consider that these organs have been some of the most effective tools with which this region has confronted such situations by seeking system has contributed to building democratic regimes in the majority of the countries of the hemisphere. This has been crucial to avoiding serious violations of human rights such as those mentioned above, which would have required urgent international intervention to overcome.

  6. Available data support protection of the Southwestern Willow Flycatcher under the Endangered Species Act

    Science.gov (United States)

    Theimer, Tad C.; Smith, Aaron D.; Mahoney, Sean M.; Ironside, Kirsten E.

    2016-01-01

    Zink (2015) argued there was no evidence for genetic, morphological, or ecological differentiation between the federally endangered Southwestern Willow Flycatcher (Empidonax traillii extimus) and other Willow Flycatcher subspecies. Using the same data, we show there is a step-cline in both the frequency of a mtDNA haplotype and in plumage variation roughly concordant with the currently recognized boundary between E. t. extimus and E. t adastus, the subspecies with which it shares the longest common boundary. The geographical pattern of plumage variation is also concordant with previous song analyses differentiating those 2 subspecies and identified birds in one low-latitude, high-elevation site in Arizona as the northern subspecies. We also demonstrate that the ecological niche modeling approach used by Zink yields the same result whether applied to the 2 flycatcher subspecies or to 2 unrelated species, E. t. extimus and Yellow Warbler (Setophaga petechia). As a result, any interpretation of those results as evidence for lack of ecological niche differentiation among Willow Flycatcher subspecies would also indicate no differentiation among recognized species and would therefore be an inappropriate standard for delineating subspecies. We agree that many analytical techniques now available to examine genetic, morphological, and ecological differentiation would improve our understanding of the distinctness (or lack thereof) of Willow Flycatcher subspecies, but we argue that currently available evidence supports protection of the Southwestern Willow Flycatcher under the Endangered Species Act.

  7. Health Education Specialists' Knowledge, Attitudes, and Perceptions of the Patient Protection and Affordable Care Act.

    Science.gov (United States)

    Strong, Jessica; Hanson, Carl L; Magnusson, Brianna; Neiger, Brad

    2016-03-01

    The changing landscape of health care as a result of the Patient Protection and Affordable Care Act (ACA) may provide new opportunities for health education specialists (HES). The purpose of this study was to survey HES in the United States on their knowledge and attitudes of the ACA and assess their perceptions of job growth under the law. A random sample of 220 (36% response rate) certified HES completed a 53-item cross sectional survey administered online through Qualtrics. Findings were compared to public opinion on health care reform. HES are highly favorable of the law (70%) compared to the general public (23%). A total of 85% of respondents were able to list a provision of the ACA, and most (81%) thought the ACA would be successful at increasing insured Americans. Over half (64.6%) believe job opportunities will increase. Those who viewed the law favorably were significantly more likely to score better on a knowledge scale related to the ACA. HES understand publicized provisions but are uncertain about common myths and specific provisions related to Title IV, "Prevention of Chronic Disease and Improving Public Health." Directed and continuing education to HES regarding the ACA is warranted. © 2015 Society for Public Health Education.

  8. Physician knowledge of and attitudes toward the Patient Protection and Affordable Care Act.

    Science.gov (United States)

    Rocke, Daniel J; Thomas, Steven; Puscas, Liana; Lee, Walter T

    2014-02-01

    To assess otolaryngology physician knowledge of and attitudes toward the Patient Protection and Affordable Care Act (PPACA) and compare the association of bias toward the PPACA with knowledge of the provisions of the PPACA. Cross-sectional survey. Nationwide assessment. Members of the American Academy of Otolaryngology-Head and Neck Surgery. Otolaryngology physicians answered 10 true/false questions about major provisions of the PPACA. They also indicated their level of agreement with 9 statements about health care and the PPACA. Basic demographic information was collected. Email solicitation was sent to 9972 otolaryngologists and 647 responses were obtained (6.5% response rate). Overall correct response rate was 74%. Fewer than 60% of physicians correctly answered questions on whether small businesses receive tax credits for providing health insurance, the effect of the PPACA on Medicare benefits, and whether a government-run health insurance plan was created. Academic center practice setting, bias toward the PPACA, and Democratic Party affiliation were associated with significantly more correct responses. Overall physician knowledge of the PPACA is assessed as fair, although better than the general public in 2010. There are several areas where knowledge of physicians regarding the PPACA is poor, and this knowledge deficit is more pronounced within certain subgroups. These knowledge issues should be addressed by individual physicians and medical societies.

  9. The Patient Protection and Affordable Care Act: the victory of unorthodox lawmaking.

    Science.gov (United States)

    Beaussier, Anne-Laure

    2012-10-01

    The 2010 Patient Protection and Affordable Care Act was a major legislative achievement of the 111th Congress. This law structurally reforms the US health care system by encouraging universal health care coverage through regulated competition among private insurance companies. When looking at the process for reform, what strikes an observer of US health care policy in the first place is that the Democratic majority was able to enact something in a political field characterized by strong resistance to change. This article builds on that observation. Arguments concentrate on the legislative process of the reform and support the idea that it may be partly explained by considering an evolution of US legislative institutions, mostly in the sense of a more centralized legislative process. Based on approximately one hundred semidirected interviews, I argue that the Democratic majority, building on lessons from both President Bill Clinton's health care reform attempt and the Republicans' strategy of using strong congressional leadership to pass social reforms, was able to overcome institutional constraints that have long prevented comprehensive change. A more centralized legislative process, which has been described as "unorthodox lawmaking," enabled the Democratic leadership to overcome multiple institutional and political veto players.

  10. The Consumer Protection Act: no-fault liability of health care providers.

    Science.gov (United States)

    Slabbert, M Nöthling; Pepper, Michael S

    2011-11-01

    The introduction of no-fault or strict liability by the Consumer Protection Act 68 of 2008 (CPA) poses serious problems in the health care context. With a patient as a 'consumer' in terms of the CPA, health care practitioners may find themselves as 'suppliers' or 'retailers' as part of a supply chain, and potentially liable for harm and loss suffered by a patient in terms of the new no-fault liability provision. The claimant (patient) can sue anyone in the supply chain in terms of this provision, which places the health care practitioner who delivered the care in a very difficult position, as he or she is the most easily and often only identifiable person in the supply chain. Although the causal link between the harm suffered by the complainant will still need to be established on a balance of probabilities, the traditional common law obstacle requiring proof of negligence no longer applies. The article argues that this situation is unsatisfactory, as it places an increasingly onerous burden on certain health care practitioners.

  11. Your Credit Rights: An Instructional Unit on Consumer Credit Protection. Revised.

    Science.gov (United States)

    Jensen, Barbara J.; And Others

    This instructional guide adds two new sections to the original guide published in May 1982. The guide was designed to assist educators in teaching the topics of consumer credit and consumer credit protection to secondary and postsecondary students in various economics and business courses, as well as in adult and community education courses. The…

  12. Danish Rules on Securities and other protective rights in the chartparty trade

    DEFF Research Database (Denmark)

    Siig, Kristina

    2016-01-01

    . The paper will discuss the problem with the starting point in Danish law on the subject, and investigate whether Danish law is apt to protect the conflicting interests of the three parties. However, the paper will make comparisons to other laws, mainly English law and Norwegian law. Also, the paper...

  13. 22 CFR 104.1 - Coordination of implementation of the Trafficking Victims Protection Act of 2000, as amended.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Coordination of implementation of the Trafficking Victims Protection Act of 2000, as amended. 104.1 Section 104.1 Foreign Relations DEPARTMENT OF STATE ECONOMIC AND OTHER FUNCTIONS INTERNATIONAL TRAFFICKING IN PERSONS: INTERAGENCY COORDINATION OF...

  14. CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA

    Directory of Open Access Journals (Sweden)

    Paul-George BUTA

    2014-05-01

    Full Text Available The article takes a look at provisions in the Code of Civil Procedure dealing with the provisional measures that can be requested by the intellectual property right-holder in case of apparent infringements of his rights. Starting from the goals of such regulation, as provided by Directive 48/2004, the article examines what could be the hurdles imposed by the Romanian legislator (mostly by not providing sufficiently tailored means in respect of intellectual property rights on the right-holder and proposes that, in light of the problems as reflected in the courts' practice, a legislative intervention be undertaken in order to better adapt the means to the purpose envisaged.

  15. Policy Brief - Precarious versus protected care work in the European Union: finding the right balance

    OpenAIRE

    Knijn Trudie; Oomkens Rosanne

    2017-01-01

    Drawing on research conducted during the project, this policy brief addresses care work for elderly people in European Union countries in the context ofthe right to free movement of labour. Despite a range of guidelines and directives in the past decades, the European Union still faces the intersectional problem of an ageing population, gender inequality, and lack of rights for caregivers, the latter being mainly women and – in some countries – increasingly migrant women. The risks of olde...

  16. DATABASES AND THE SUI-GENERIS RIGHTPROTECTION OUTSIDE THE ORIGINALITY. THE DISREGARD OF THE PUBLIC DOMAIN

    Directory of Open Access Journals (Sweden)

    Monica LUPAȘCU

    2018-05-01

    Full Text Available This study focuses on databases as they are regulated by Directive no.96/9/EC regarding the protection of databases. There are also several references to Romanian Law no.8/1996 on copyright and neighbouring rights which implements the mentioned European Directive. The study analyses certain effects that the sui-generis protection has on public domain. The study tries to demonstrate that the reglementation specific to databases neglects the interests correlated with the public domain. The effect of such a regulation is the abusive creation of some databases in which the public domain (meaning information not protected by copyright such as news, ideas, procedures, methods, systems, processes, concepts, principles, discoveries ends up being encapsulated and made available only to some private interests, the access to public domain being regulated indirectly. The study begins by explaining the sui- generis right and its origin. The first mention of databases can be found in “Green Paper on Copyright (1998,” a document that clearly shows, the database protection was thought to cover a sphere of information non-protectable from the scientific and industrial fields. Several arguments are made by the author, most of them based on the report of the Public Consultation sustained in 2014 in regards to the necessity of the sui-generis right. There are some references made to a specific case law, namely British Houseracing Board vs William Hill and Fixture Marketing Ldt. The ECJ’s decision în that case is of great importance for the support of public interest to access information corresponding to some restrictive fields that are derived as a result of the maker’s activities, because in the absence of the sui-generis right, all this information can be freely accessed and used.

  17. Protection for Children Born Through Assisted Reproductive Technologies Act, B.E. 2558: The Changing Profile of Surrogacy in Thailand

    Directory of Open Access Journals (Sweden)

    Alessandro Stasi

    2017-12-01

    Full Text Available The National Legislative Assembly of Thailand has enacted on February 19, 2015 the Protection for Children Born through Assisted Reproductive Technologies Act (ART Act. Its primary objective aims at protecting children born through assisted reproductive technologies and providing the legal procedures that the intended parents must follow. The focus of this article is to discuss the ongoing issues involving assisted reproduction in Thailand. After reviewing the past legal framework surrounding surrogate motherhood and the downsides of the assisted reproductive technology market in Thailand, the article will discuss the new ART Act and its regulatory framework. It will conclude that although the new law contains some flaws and limitations, it has so far been successful in tackling surrogacy trafficking and preventing reproductive scandals from occurring again.

  18. Protection for Children Born Through Assisted Reproductive Technologies Act, B.E. 2558: The Changing Profile of Surrogacy in Thailand.

    Science.gov (United States)

    Stasi, Alessandro

    2017-01-01

    The National Legislative Assembly of Thailand has enacted on February 19, 2015 the Protection for Children Born through Assisted Reproductive Technologies Act (ART Act). Its primary objective aims at protecting children born through assisted reproductive technologies and providing the legal procedures that the intended parents must follow. The focus of this article is to discuss the ongoing issues involving assisted reproduction in Thailand. After reviewing the past legal framework surrounding surrogate motherhood and the downsides of the assisted reproductive technology market in Thailand, the article will discuss the new ART Act and its regulatory framework. It will conclude that although the new law contains some flaws and limitations, it has so far been successful in tackling surrogacy trafficking and preventing reproductive scandals from occurring again.

  19. A person having ability in radiation protection: an original measure in comparison with the common rights for work safety

    International Nuclear Information System (INIS)

    Pasquier, J.L.; Vidal, J.P.

    1998-01-01

    In accordance with the regulations, any factory using ionising radiations is obliged to designate a person having having ability in radiation protection and entrusted with specific missions regarding safety for professional risks. This represents an original measure in comparison with the common rights for work safety. The decree whose became operative on 2 october 1986, about ten years ago and just before the reform of radiation protection standards, it seems important to store in memory the genesis and the goals of this prescription and to present the results. (authors)

  20. Teaching Children's Rights and Climate Change with the Support of Act for Climate Web-Based Learning Environment

    Science.gov (United States)

    Gkotzos, Dimitrios

    2017-01-01

    This article presents an effort to integrate the issues of climate change and children's rights into the Greek primary school curriculum through the use of information and communication technologies (ICTs). The curriculum Act for Climate was developed through the lens of children's rights and with the support of a web-based learning environment…

  1. The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions

    Directory of Open Access Journals (Sweden)

    Daniel Kanstroom

    2017-08-01

    Full Text Available This article considers the relationship between two human rights discourses (and two specific legal regimes: refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement, and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states

  2. Physical restraint and the protection of the human rights of immigration detainees in hospitals.

    Science.gov (United States)

    Pickles, Hilary; Norton, Emma; Ginn, Emma; Schleicher, Theresa

    2015-08-01

    Immigration detainees, like prisoners, are entitled to the same standard of healthcare as non-detained patients. When hospital attendance or admission is required, the priority for custodial staff (who for purposes of this article we refer to as 'escorts') is to prevent absconding. For that reason, they may wish to use physical restraints, such as handcuffs, and remain with the detainee at all times. This can be degrading for the patient and breach their human rights. Clinicians have professional obligations to all their patients and must object to any restraint methods that risk damaging the patient's right to confidentiality, treatment, health or the therapeutic relationship itself. The starting presumption is that restraints ought not to be used during treatment and only in the most exceptional cases ought escorts to be present during clinical examination or treatment. © Royal College of Physicians 2015. All rights reserved.

  3. The Aesthetic Education as a pedagogical proposal to strengthen human rights and protection mechanisms

    Directory of Open Access Journals (Sweden)

    Diana Estefania Lizarazo Gomez

    2016-11-01

    Full Text Available This manuscript reports the systematization of a pedagogical proposal from the perspectives of  art education that generate aesthetic developments, to foster a sensible attitude on human rights.  It was implemented with children and teenagers who were 6 to  18 years old, who attend the Fundación Semillito and the school  “José Francisco Socarrás”. The project was created from the need  to share an aesthetic experience that allows spaces where experi- ence through working with others, facilitates the direct encounter  with human rights, not from the theoretical discourse.

  4. THE PROTECTION OF MBYÁ-GUARANÍ CHILDHOOD RIGHTS. ETHNOGRAPHIC CONTRIBUTIONS FOR QUESTIONING THE FORMATIVE EXPERIENCES

    Directory of Open Access Journals (Sweden)

    Ana Padawer

    2010-12-01

    Full Text Available This paper analyzes children rights regulations about the elimination of child labour in the South Cone countries where mbyá-guarani populations live (Paraguay, Brazil, and Argentina, and their relation to child participation in traditional productive activities, considering their formative aspect. It includes a discussion on the concepts incorporated in such rights regulations and their implications in a fieldwork carried out in San Ignacio (Southwest of the Misiones province, Argentina, as well as recent studies conducted by other researchers in these national contexts.

  5. Effects of the new radiation protection act on the radiation protection register and the monitoring of occupational radiation exposure

    International Nuclear Information System (INIS)

    Frasch, G.

    2016-01-01

    The implementation of DIRECTIVE 2013/59 / EURATOM (EURATOM Basic Safety Standards) is via the new radiation protection law and brings in the monitoring of occupational radiation among others two significant new features and changes: - Introduction of a unique personal identifier, - update of the occupational categories. Both require technical and organizational changes in the data transmission of the licensees to the dosimetry services and the radiation protection register.

  6. Main aspects of the planned reform of the Act on the Peaceful Uses of Atomic Energy and Protection against its Hazards (Atomic Energy Act)

    International Nuclear Information System (INIS)

    Lukes, R.

    1991-01-01

    There is no specific reason for planning a reform of the atomic energy law just now; the main idea is to keep the atomic energy law abreast with the developments made in the regime of protective laws pertaining to the sector of science and technology. A further aspect not to be neglected, however, is the nuclear power phase-out currently under debate, and a decision against the abandonment of nuclear power should be taken as an occasion to think about a nuclear law reform. The judiciary has been contributing to the development of nuclear law in the last years, and the decisions of the Federal Constitutional Court and of the Federal Administrative Court have not only set the corner flags for the future development of the nuclear law, but have given concrete shape by final settlement of cases of divergence of judicial decisions, to the protective intents of the law and to the subject-related purposes. Thus the judiciary has been taking into account the idea prevailing today, namely that the scope of duties of the Federal Government certainly includes the task of protecting the citizens against the hazards of technology in general, and of novel technologies in particular, and the task of avoiding hazards. So the main line of orientation to be pursued is to draw level with protective regulations established in other fields of law, and to make the Atomic Energy Act a modern instrument of protection by the law. (orig./HSCH) [de

  7. Act no 76-663 of 19 July 1976 on installations classified for the purposes of environmental protection

    International Nuclear Information System (INIS)

    1976-01-01

    This Act repeals the Act of 19 December 1917 on dangerous, noxious or insanitary establishments. Installations of all kinds, operated or owned by any person, whether natural or legal, public or private, are from now onwards governed by the provisions of the Act of 19 July 1976 if they may involve dangers or disadvantages for the amenities of the neighbour-hood, for public health, safety or hygiene, for agriculture, for the protection of nature and the environment, or for the preservation of sites and monuments. As was the case with the previous system, it is foreseen that large nuclear installations which have their own regulations and are defined in the Decree of 11 December 1963 will not appear in the nomenclature and will remain outside application of the legislation on classified installations. However, some nuclear installations are not large nuclear installations and a number of these were listed in the nomenclature of classified establishments drawn up under the 1917 Act. (NEA) [fr

  8. 2004 Toxic Chemical Release Inventory Report for the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Section 313

    Energy Technology Data Exchange (ETDEWEB)

    M. Stockton

    2006-01-15

    Section 313 of Emergency Planning and Community Right-to-Know Act (EPCRA) specifically requires facilities to submit a Toxic Chemical Release Inventory Report (Form R) to the U.S. Environmental Protection Agency (EPA) and state agencies if the owners and operators manufacture, process, or otherwise use any of the listed toxic chemicals above listed threshold quantities. EPA compiles this data in the Toxic Release Inventory database. Form R reports for each chemical over threshold quantities must be submitted on or before July 1 each year and must cover activities that occurred at the facility during the previous year. For reporting year 2004, Los Alamos National Laboratory (LANL or the Laboratory) submitted Form R reports for lead compounds, nitric acid, and nitrate compounds as required under the EPCRA Section 313. No other EPCRA Section 313 chemicals were used in 2004 above the reportable thresholds. This document provides a description of the evaluation of EPCRA Section 313 chemical use and threshold determinations for LANL for calendar year 2004, as well as background information about data included on the Form R reports.

  9. PROTECTION OF HUMAN RIGHTS AGAINST THE ADVERSE IMPACT OF TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES: DILEMMAS OF INTERNATIONAL COMMUNITY

    Directory of Open Access Journals (Sweden)

    Machoňová-Schellongová Ivana

    2015-12-01

    Full Text Available There is no doubt about an impact of corporate and business operations on human rights, both positive and negative. Growing influence of corporations, power shift between business and states, as well as the complex nature of corporate governance and transnational operations require international regulations. International community undertook numerous initiatives, the most significant and recent being the United Nations Guiding Principles on Business and Human Rights [2011], embraced by States, corporations and civil society as a “milestone“ in business and human rights agenda. While being a  useful comprehensive set of guidelines, Principles are lacking the legally binding force and any monitoring or complaints mechanism. Therefore, there are growing calls for a legally binding treaty to stipulate clearly human rights obligations of States/businesses vis-à-vis human rights and fill the protection gap for victims of corporate abuses. A newly established working group by the Human Rights Council has started to negotiate terms of reference of such a treaty in June 2015. However, meaningful negotiations are threatened by many factors, including the negative approach of US, EU and other developed States along with the corporate sector advocating for stronger implementation of Principles instead. This article aims to describe efforts of international community to prevent and eliminate a  negative impact of corporate activities on human rights. It shows different approaches and highlights some challenges and dilemmas. It concludes that parallel efforts should be undertaken - to implement the Principles and to negotiate an international treaty – in order to improve protection against an adverse impact of corporate operations on human rights. As for the Czech Republic, it is suggested to embark on the elaboration of the National Action Plan, thus providing for an opportunity to discuss implementation of the Principles among all the

  10. How far may Colombia’s Constitutional Court go to protect IDP rights?

    Directory of Open Access Journals (Sweden)

    Manuel José Cepeda-Espinosa

    2006-12-01

    Full Text Available In 2004 Colombia’s highest court declared that the inhumaneliving conditions of the country’s IDPs were ‘unconstitutional’and ordered the authorities to take action. Colombia has,arguably, the world’s most progressive IDP legislation butcan the state guarantee IDPs their constitutional rights?

  11. 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’

  12. 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

  13. The protection of fundamental human rights in criminal process General report

    NARCIS (Netherlands)

    Brants, C.; Franken, Stijn

    2009-01-01

    This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in

  14. 75 FR 77937 - 2011 Notice of Rights and Protections Available Under the Federal Antidiscrimination and...

    Science.gov (United States)

    2010-12-14

    ... terms, conditions, or privileges of employment because of race, color, religion, sex (including equal... race, color, religion, sex (including equal payment of wages and benefits, and pregnancy), national... your agency (e.g., EEO/civil rights offices, human resources offices, or legal offices). Additional...

  15. 75 FR 68325 - Government Programs to Assist Businesses Protect Their Intellectual Property Rights (IPR) in...

    Science.gov (United States)

    2010-11-05

    ... of U.S. businesses, including Small- and Medium-Sized Enterprises (SMEs), in foreign markets. As... rights in foreign markets in particular. 2. Identify specific challenges businesses, including SMEs, face..., patents, trade secrets) present the most challenges to SMEs? Should U.S. government programs focus on...

  16. The protection of artistic expression under article 10 of the European Convention on Human Rights

    NARCIS (Netherlands)

    Nieuwenhuis, A.J.

    2012-01-01

    More than once, the European Court of Human Rights (hereafter: ECtHR) has attended to cases concerning novels, movies, paintings and other forms of artistic expression. The Court has tried to fit in artistic expression in its more general approach that often makes a decisive distinction between

  17. Use of "excess" human embryos for stem cell research: protecting women's rights and health.

    Science.gov (United States)

    Cohen, C B

    2000-01-01

    Proposed National Institutes of Health guidelines for stem cell research are too narrowly drawn and do not adequately protect the freedom of choice and health of women who donate embryos. They need to be expanded to cover not only the point of embryo donation, but also that of embryo creation. Guidelines are provided to ensure that donors undergoing hyperstimulation and egg retrieval gave voluntary informed consent to the production of embryos that might later prove in excess. A standard for determining when embryos have been overproduced is presented to address the possibility that additional embryos will be created for stem cell research in violation of the guidelines and at risk to women's health.

  18. Exemption for the destruction of protected species: right issue or false prejudice?

    International Nuclear Information System (INIS)

    Rap, C.

    2016-01-01

    In France a lot of measures have been taken to preserve nature and a lot of species are protected by law. As a consequence a project for the installation of a wind farm is likely to ask for a derogation request. This request should rely on a thorough study of the impact of the project on the environment which requires time and may delay the project. The positive aspect of this request is that it strengthens the defense position in case an opponent to the project should go to court. (A.C.)

  19. European legislation impedes critical care research and fails to protect patients' rights

    DEFF Research Database (Denmark)

    Berg, Ronan M G; Møller, Kirsten; Rossel, Peter Johannes Hancke

    2011-01-01

    in which a waiver of consent is deemed necessary, the Ethical Review Board should ensure that non-therapeutic risks are minimal, that the research is specifically designed to benefit critically ill patients, and that it cannot be conducted under circumstances where an informed consent can be obtained....... If the European Directive is changed accordingly, this permits clinical trials in critical care settings, while adequate protection from risky non-therapeutic procedures is ensured and exploitation of the patient as an easily accessible research subject is prevented....

  20. The Patient Protection and Affordable Care Act and Utilization of Preventive Health Care Services

    Directory of Open Access Journals (Sweden)

    Victor Eno

    2016-02-01

    Full Text Available We examined how (a health insurance coverage, and (b familiarity with the Patient Protection and Affordable Care Act (ACA’s or ObamaCare mandate of cost-free access to preventive health services, affect the use of preventive services by residents of a minority community. It was based on primary data collected from a survey conducted during March to April 2012 among a sample of self-identified African American adults in Tallahassee-Leon County area of northwest Florida. The Statistical Package for the Social Sciences (SPSS Version 22 was used for running frequency analysis on the data set and multivariable regression modeling. The results showed that of 524 respondents, 382 (73% had health insurance while 142 (27% lacked insurance. Majority of insured respondents, 332 (87%, used preventive health services. However, the remaining 13% of respondents did not use preventive services because they were unfamiliar with the ACA provision of free access to preventive services for insured people. Regression analysis showed a high (91.04% probability that, among the insured, the use of preventive health services depended on the person’s age, income, and education. For uninsured residents, the lack of health insurance was the key reason for non-use of preventive health services, while among the insured, lack of knowledge about the ACA benefit of free access contributed to non-use of preventive services. Expansion of Medicaid eligibility can increase insurance coverage rates among African Americans and other minority populations. Health promotion and awareness campaigns about the law’s benefits by local and state health departments can enhance the use of preventive services.

  1. Classifications for Coastal Wetlands Planning, Protection and Restoration Act site-specific projects: 2008 and 2009

    Science.gov (United States)

    Jones, William R.; Garber, Adrienne

    2012-01-01

    The Coastal Wetlands Planning, Protection and Restoration Act (CWPPRA) funds over 100 wetland restoration projects across Louisiana. Integral to the success of CWPPRA is its long-term monitoring program, which enables State and Federal agencies to determine the effectiveness of each restoration effort. One component of this monitoring program is the analysis of high-resolution, color-infrared aerial photography at the U.S. Geological Survey's National Wetlands Research Center in Lafayette, Louisiana. Color-infrared aerial photography (9- by 9-inch) is obtained before project construction and several times after construction. Each frame is scanned on a photogrametric scanner that produces a high-resolution image in Tagged Image File Format (TIFF). By using image-processing software, these TIFF files are then orthorectified and mosaicked to produce a seamless image of a project area and its associated reference area (a control site near the project that has common environmental features, such as marsh type, soil types, and water salinities.) The project and reference areas are then classified according to pixel value into two distinct classes, land and water. After initial land and water ratios have been established by using photography obtained before and after project construction, subsequent comparisons can be made over time to determine land-water change. Several challenges are associated with the land-water interpretation process. Primarily, land-water classifications are often complicated by the presence of floating aquatic vegetation that occurs throughout the freshwater systems of coastal Louisiana and that is sometimes difficult to differentiate from emergent marsh. Other challenges include tidal fluctuations and water movement from strong winds, which may result in flooding and inundation of emergent marsh during certain conditions. Compensating for these events is difficult but possible by using other sources of imagery to verify marsh conditions for other

  2. Privacy Act

    Science.gov (United States)

    Learn about the Privacy Act of 1974, the Electronic Government Act of 2002, the Federal Information Security Management Act, and other information about the Environmental Protection Agency maintains its records.

  3. Toward a legal framework that promotes and protects sex workers' health and human rights.

    Science.gov (United States)

    Overs, Cheryl; Loff, Bebe

    2013-06-14

    Complex combinations of law, policy, and enforcement practices determine sex workers vulnerability to HIV and rights abuses. We identify "lack of recognition as a person before the law" as an important but undocumented barrier to accessing services and conclude that multi-faceted, setting-specific reform is needed-rather than a singular focus on decriminalization-if the health and human rights of sex workers are to be realized. Copyright © 2013 Overs and Loff. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  4. Rights of Conscience Protections for Armed Forces Service Members and Their Chaplains

    Science.gov (United States)

    2015-07-22

    databases, which served as a proxy for or indicator of rights of conscience. Because of confidentiality /anonymity requirements, we were unable to...include nontheistic belief systems would generate valuable, confidential information. 18 For a list of subject definitions, see Appendix D. Objective 3...to regulations. Figure 12. Kosher Kitchen Space, Camp Humphreys, Seoul, Korea Source: DoD Inspector General Appendixes 44 │ DODIG-2015-148 Uniform

  5. 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...

  6. Managing Intellectual Property Rights Protection in the System of Comprehensive Seconday Education

    Directory of Open Access Journals (Sweden)

    Vadim Lunyachek

    2018-05-01

    Full Text Available This paper provides the results of the survey conducted among the teachers and principals of comprehensive secondary schools of Kharkiv as to their awareness of how to abide by, draw up and defend intellectual property rights. The paper suggests implementing a system of actions to further the qualifications of educators in this area by introducing relevant special courses, delivering lectures and workshops, or obtaining a second higher education degree.

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

    Directory of Open Access Journals (Sweden)

    Luis Alberto Reichelt

    2017-05-01

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

  8. The protection of fundamental human rights in criminal process
    General report

    Directory of Open Access Journals (Sweden)

    Chrisje Brants

    2009-10-01

    Full Text Available This contribution examines the effect of the uniform standards of human rights in international conventions on criminal process in different countries and identifies factors inherent in national systems that influence the scope of international standards and the way in which they are implemented in a national context. Three overreaching issues influence the reception of international fundamental rights and freedoms in criminal process: constitutional arrangements, legal tradition and culture, and practical circumstances. There is no such thing as the uniform implementation of convention standards; even in Europe where the European Convention on Human Rights and Fundamental Freedoms and the case law of the European Court play a significant role, there is still much diversity in the actual implementation of international norms due to the influence of legal traditions which form a counterforce to the weight of convention obligations. An even greater counterforce is at work in practical circumstances that can undermine international norms, most especially global issues of security, crime control and combating terrorism. Although convention norms are still in place, there is a very real risk that they are circumvented or at least diluted in order to increase effective crime control.

  9. The Protection of the Right to Life in the New Criminal Code

    Directory of Open Access Journals (Sweden)

    Lavinia Mihaela Vladila

    2011-05-01

    Full Text Available The present article illustrates general aspects of the actual regulation on the protection of the rightto life, in comparison with the new regulation, which shall be analyzed more carefully. The paper is based onthe study of the new Criminal Code, emphasizing the most important differences between the actualregulation and the new Criminal Code, and the few texts elaborated in this area. The approach of the subjectis a more practical one, because few texts were written about the new Criminal Code, at the moment of itsentrance into force, the doctrinaires will need to know the differences and the innovations brought by it. Theresult is meant to increase the understanding of the new text and to enrich the analysis and synthesis of thenew Criminal Code.

  10. Statutory Instrument No 48 of 1992. Radiological Protection Act, 1991 (Establishment day) Order, 1992

    International Nuclear Information System (INIS)

    1992-03-01

    This order appoints 1st April 1992 as the day on which the Radiological Protection Institute of Ireland is established. From that day the Radiological Protection Institute of Ireland will take over the functions of An Bord Fuinnimh Nuicleigh

  11. The Atomic Energy Act: Looking back on its 30 years of existence, and on its contribution to environmental protection

    International Nuclear Information System (INIS)

    Wagner, H.

    1989-01-01

    The author gives an account of the developments and the efficiency in practice of the Atomic Energy Act since its coming into effect thirty years ago. Referring to the full name of the 'Act on the peaceful uses of atomic energy and protection against its hazards', the author reviews the practical impact of this legal instrument with respect to its purpose and intent, and with respect to the developments in terms of substantive law. The article also summarizes and briefly comments proposals for amendment of the atomic energy law in the light of the 30 years of experience. (orig.) [de

  12. Act No. 80-572 on protection and control of nuclear materials

    International Nuclear Information System (INIS)

    1980-01-01

    This Act lays down that the import, export, possession, transfer, use and transport of nuclear materials defined by the Act are subject to licensing and control under conditions to be determined by Decree. The purpose of this control is to avoid loss, theft or diversion of such materials. Any person who obtains fraudulently nuclear material referred to in the Act or who carries out activities involving such material without the required licence shall be subject to severe penalties. Finally, it is provided that the Government shall report to Parliament each year on operation of the provisions of this Act. (NEA) [fr

  13. The Care Manager's Dilemma: Balancing Human Rights with Risk Management under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

    Science.gov (United States)

    Prebble, Kate; Diesfeld, Kate; Frey, Rosemary; Sutton, Daniel; Honey, Michelle; Vickery, Russell; McKenna, Brian

    2013-01-01

    In New Zealand, the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 provides diversion for persons with an intellectual disability who have been charged with, or convicted of, a criminal offence. This unique Act moves the responsibility for such "care recipients" from the criminal justice system to a disability…

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

    Directory of Open Access Journals (Sweden)

    Maria Creusa de Araújo Borges

    2016-05-01

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

  15. 78 FR 31955 - Privacy Act of 1974; Department of Homeland Security National Protection and Programs Directorate...

    Science.gov (United States)

    2013-05-28

    ... 1974; Department of Homeland Security National Protection and Programs Directorate--001 Arrival and... of records titled Department of Homeland Security/National Protection and Programs Directorate--001... of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS) National Protection and Programs...

  16. The Development of Russian Legislation Relating to the Protection of the Rights of Separated Parents and Their Children

    Directory of Open Access Journals (Sweden)

    Tatiana Krasnova

    2017-01-01

    Full Text Available The following article deals with the challenges created by legal regulations concerning divorced or separated couples and focuses on the rights of separated parents with children. The article analyzes the problems associated with law enforcement practices in this area, the gaps in existing family law, as well as the disputed aspects of theory concerning parents’ legal relations. Suggestions for legislative developments in Russia concerning the protection of family rights within separated families are given. The authors of this paper argue for a rethink of existing approaches to legal regulations in this field of law due to the fact that existing family legislation does not take into consideration many of the challenges and realities of modern parenthood. Furthermore, current legal regulations in Russia do not fully correspond to international legal norms. The authors contend that this will lead to the curtailment of the legal rights of the separated parents. Such status is characterized, on the one hand, by unreasonable restrictions on parental rights. On the other hand, it permits only a limited degree of responsibility for a child’s upbringing and financial support on the part of a parent living separately from their child. The authors propose that, in this respect, it is necessary to rethink disputed legal decisions relating to family law and the implementation of family law in practice. By analyzing such implementation, the authors single out a number of interrelated factors that must be overcome in order to effectively protect separated parents’ relationships with their children. The aim of the article is to initiate a new approach to parental legal relations after divorce or separation and to propose new legislative regulations concerning the legal status of a parent who lives separately from their child. New developments in family law are proposed in order to ensure a balance between parental responsibilities and rights as well as

  17. Fetal protection and potential liability: judicial application of the Pregnancy Discrimination Act and the disparate impact theory.

    Science.gov (United States)

    Moelis, L S

    1985-01-01

    "Fetal vulnerability programs," which are employer attempts to protect employees' unborn fetuses from harm caused by the mothers' exposure to hazardous material in the workplace, have been challenged as a form of employment discrimination. This Note analyzes the recent judicial application of the Pregnancy Discrimination Act (PDA) and the disparate impact theory to fetal vulnerability cases. The Note also examines the business necessity defense's accommodation of legitimate employer interests. The Note concludes that a more potent business necessity defense, a stricter standard for evaluating alternative protective measures, and a judicial interpretation of the PDA which is more consistent with congressional intent are necessary for fair and reasonable resolution of these cases.

  18. 75 FR 12377 - Native American Graves Protection and Repatriation Act Regulations-Disposition of Culturally...

    Science.gov (United States)

    2010-03-15

    ... support of a particular religious point of view or excessive entanglement with religion in the context of... Religious Freedom Act. Our Response: The proposed change revised the regulatory definition of cultural... Freedom Act. Section 10.2(e)(2) Definition of Culturally Unidentifiable Section 10.2(e)(2) defines the...

  19. [The right to self-determination versus the obligation to protect one's health].

    Science.gov (United States)

    Höfling, Wolfram

    2009-01-01

    "Individual responsibility" and the abidance by any "health-related obligations" are key words of the present political and legal German healthcare debate. In the process of adjusting the German welfare state by focussing the ideal allocation of common health resources patients who do not meet their "health-related obligations" are thus expected to accept cutbacks in medical care services. However, from the perspective of constitutional law there is no "health-related obligation" deriving from the German constitution - the right to self-determination guaranteed in Art. 2 Sect. 2 Sent. 1 of the German constitution has not been amended to impose a corresponding duty. Hence, health-related obligations may only refer to indirect ways of exercising individual responsibility, no more and no less. The present article highlights the few possibilities which the German constitution provides for the implementation of "health-related obligations" and reminds us of the conceptual aspects which have to be considered by the legislator.

  20. 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.

  1. Chinese Student Protection Act of 1992. Report To Accompany S. 1216 of the Committee on the Judiciary, House of Representatives, 102D Congress, 2d Session.

    Science.gov (United States)

    Brooks, Jack

    This congressional report describes and analyzes the federal Chinese Student Protection Act of 1992 (S. 1216). This act provides for the adjustment of status under the Immigration and Nationality Act of certain nationals of the People's Republic of China until conditions permit their return in safety to China. An opening section presents the text…

  2. The mechanisms of realization and protection of human rights in Ukraine

    Directory of Open Access Journals (Sweden)

    М. О. Єльникова

    2015-05-01

    Conclusions. We can highlight the following issues concerning the rights of human and citizen: low level of legal culture and legal consciousness of the majority of our society members; unsatisfactory level of external educational influence on each person by the society and self-education in the possession by many people of the real sense of personal honor and dignity; low level of adherence to the rule of law (legality in the society and the state and unconditional responsibility of every person, without exception, to themselves and the environment for the process and the results of their activities; inequality and branches of state and local governments and the imperfection of local self government and territorial communities functioning in real life; low level of professionalism in the political and public management and its exclusive reliance on personal and group (clan interests; lack of clear structuring of the civil society and civil control over the activities of public authorities; high level of corruption at all levels and stages of public life and the lack of political will in its reduction; lack of direct mutual dependence between the human and the citizen and the state and the society without the liability of officers and the citizens themselves.

  3. 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...

  4. 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

  5. The dimension of constitutional protection and the guarantee of citizen rights and freedoms-A comparative view of the Constitution of the Republic of Kosovo with the Constitutions of neighbouring countries: Albania, Macedonia, Serbia, Montenegro and Greece

    Directory of Open Access Journals (Sweden)

    Kadri Kryeziu

    2016-11-01

    Full Text Available In different historic periods of time and in various political regimes, people felt free and enjoyed their rights in different ways, but very li$ le was said about individual freedoms, as it was said more about collective freedoms. The term freedom is an antique, historic term. The corpus of human rights and fundamental freedoms has been studied since the ancient times, including middle ages until modern times of human civilization. However, the origin for protection of these rights and freedoms was sanctioned in the constitutional aspect in Magna Charta issued on 15-th of June 1215, which comprises the milestone in the history of constitutional regimes on human rights and freedoms. The protection of human rights and fundamental freedoms is admitted by everyone. That is embedded in written constitutions worldwide, as well as in the United Nations Charter, final act of the Conference of the Organization for Security and Cooperation in Europe (OSBE known as Helsinki Act. The majority of democratic constitutions adopted after the Second World War, and the latest constitutions of the countries of South-eastern Europe, give an important place to the evidencing and guaranteeing of human rights and fundamental freedoms.

  6. The dime nsion of constitutional protection and the guarantee of citizen rights and freedoms-A comparative view of the Constitution of the Republic of Kosovo with the Constitutions of neighbouring countries: Albania, Macedonia, Serbia, Montenegro and Greece

    Directory of Open Access Journals (Sweden)

    Kadri Kryeziu

    2016-11-01

    Full Text Available In different historic periods of time and in various political regimes, people felt free and enjoyed their rights in different ways, but very little was said about individual freedoms, as it was said more about collective freedoms. The term freedom is an antique, historic term. The corpus of human rights and fundamental freedoms has been studied since the ancient times, including middle ages until modern times of human civilization. However, the origin for protection of these rights and freedoms was sanctioned in the constitutional aspect in Magna Charta issued on 15-th of June 1215, which comprises the milestone in the history of constitutional regimes on human rights and freedoms. The protection of human rights and fundamental freedoms is admitted by everyone. That is embedded in written constitutions worldwide, as well as in the United Nations Charter, final act of the Conference of the Organization for Security and Cooperation in Europe (OSBE known as Helsinki Act. The majority of democratic constitutions adopted after the Second World War, and the latest constitutions of the countries of Southeastern Europe, give an important place to the evidencing and guaranteeing of human rights and fundamental freedoms.

  7. Third-party protection and residual risk in Atomic Energy Act. On legally dogmatic classification of paragraph 7 Atomic Energy Act in the jurisprudence of the Federal Constitutional Law and Federal Administrative Court

    International Nuclear Information System (INIS)

    Arndt, Hans-Wolfgang

    2012-01-01

    On 25th June 2009, the Council of the European Union has passed the directive 2009/71/EURATOM on a common framework for nuclear safety of nuclear installations. At first, the 12th Law amending the Atomic Energy Act supplements the Atomic Energy Act by regulations which implement the directive 2009/71/EURATIM into national law. In addition, paragraph 7 Atomic Energy Act introduces a new substantive obligation of the operators of nuclear power plants. The author of the contribution reports on whether paragraph 7 Atomic Energy Act provides additional nuclear protection or reduces the potential protection by law and jurisprudence.

  8. Healing arts radiation protection act: revised statutes of Ontario, 1980, chapter 195

    International Nuclear Information System (INIS)

    1990-09-01

    An act published by the Government of Ontario by the Minister of Health to ensure public safety while subjected to the use of x-rays for the irradiation of human beings for therapeutic or diagnostic purposes

  9. The unwritten new practice rights of the traditional health practitioner as stipulated by the Traditional Health Practitioners Act No 22 (2007 of South Africa

    Directory of Open Access Journals (Sweden)

    Gabriel Louw

    2016-11-01

    Full Text Available Background In 2007, a practice directive was issued for the new legal entity traditional health practitioner with the promulgation of the Traditional Health Practitioners Act (No 22 of 2007 in the Republic of South Africa. Although the Act describes this new pathway in terms of various definitions, the future practice rights and impact on healthcare were left undefined and unwritten. To date the negative legal implications and career consequences that the Act has for the regulated health practitioners, have gone unnoticed. The derogation and degrading of their work domains and rights, seem of no concern.1 Aims The aim of the present study is to determine and describe the unwritten new practice rights of the traditional health practitioner. Methods This is an exploratory and descriptive study in line with the modern historical approach of investigation by means of a literature review. The emphasis is on using documentation such as articles, books and newspapers as primary resources to reflect on the traditional health practitioner’s new unsaid and unwritten future practice rights. Results The future practice and services of traditional health practitioners seem to incorporate many new unwritten practice rights and activities, which is contrary to the Act’s written intentions. Conclusion The new traditional health practitioner‘s future practice rights are legally comprehensive and masked. It holds serious consequences for the practices of the established healthcare professions.

  10. 28 CFR Appendix to Part 55 - Jurisdictions Covered Under Sections 4(f)(4) and 203(c) of the Voting Rights Act of 1965, as Amended

    Science.gov (United States)

    2010-07-01

    ... REGARDING LANGUAGE MINORITY GROUPS Pt. 55, App. Appendix to Part 55—Jurisdictions Covered Under Sections 4(f...)(4) and 203(c) of the Voting Rights Act of 1965, as Amended [Applicable language minority group(s... (Chinese, Filipino, Japanese, Vietnamese), Spanish heritage. Merced County Spanish heritage Monterey County...

  11. 2002 Toxic Chemical Release Inventory Report for the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Section 313

    International Nuclear Information System (INIS)

    Stockton, M.

    2003-01-01

    For reporting year 2002, Los Alamos National Laboratory (LANL or the Laboratory) submitted Form R reports for lead compounds and mercury as required under the Emergency Planning and Community Right-to-Know Act (EPCRA), Section 313. No other EPCRA Section 313 chemicals were used in 2002 above the reportable thresholds. This document was prepared to provide a description of the evaluation of EPCRA Section 313 chemical usage and threshold determinations for LANL for calendar year 2002 as well as provide background information about the data included on the Form R reports. Section 313 of EPCRA specifically requires facilities to submit a Toxic Chemical Release Inventory report (Form R) to the U.S. Environmental Protection Agency (EPA) and state agencies if the owners and operators manufacture, process, or otherwise use any of the listed toxic chemicals above listed threshold quantities. EPA compiles this data in the Toxic Release Inventory database. Form R reports for each chemical over threshold quantities must be submitted on or before July 1 each year and must cover activities that occurred at the facility during the previous year. In 1999 EPA promulgated a final rule on Persistent Bioaccumulative Toxics (PBTs). This rule added several chemicals to the EPCRA Section 313 list of toxic chemicals and established lower reporting thresholds for these and other PBT chemicals that were already reportable under EPCRA Section 313. These lower thresholds became applicable in reporting year 2000. In 2001, EPA expanded the PBT rule to include a lower reporting threshold for lead and lead compounds. Facilities that manufacture, process, or otherwise use more than 100 lb of lead or lead compounds must submit a Form R

  12. 2006 Toxic Chemical Release Inventory Report for the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Section 313

    Energy Technology Data Exchange (ETDEWEB)

    Ecology and Air Quality Group (ENV-EAQ)

    2007-12-12

    For reporting year 2006, Los Alamos National Laboratory (LANL or the Laboratory) submitted Form R reports for lead as required under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313. No other EPCRA Section 313 chemicals were used in 2006 above the reportable thresholds. This document was prepared to provide a description of the evaluation of EPCRA Section 313 chemical use and threshold determinations for LANL for calendar year 2006, as well as to provide background information about data included on the Form R reports. Section 313 of EPCRA specifically requires facilities to submit a Toxic Chemical Release Inventory Report (Form R) to the U.S. Environmental Protection Agency (EPA) and state agencies if the owners and operators manufacture, process, or otherwise use any of the listed toxic chemicals above listed threshold quantities. EPA compiles this data in the Toxic Release Inventory database. Form R reports for each chemical over threshold quantities must be submitted on or before July 1 each year and must cover activities that occurred at the facility during the previous year. In 1999, EPA promulgated a final rule on persistent bioaccumulative toxics (PBTs). This rule added several chemicals to the EPCRA Section 313 list of toxic chemicals and established lower reporting thresholds for these and other PBT chemicals that were already reportable. These lower thresholds became applicable in reporting year 2000. In 2001, EPA expanded the PBT rule to include a lower reporting threshold for lead and lead compounds. Facilities that manufacture, process, or otherwise use more than 100 lb of lead or lead compounds must submit a Form R.

  13. 2008 Toxic Chemical Release Inventory 2008 Toxic Chemical Release Inventory Community Right-to-Know Act of 1986, Title III, Section 313

    Energy Technology Data Exchange (ETDEWEB)

    Ecology and Air Quality Group

    2009-10-01

    For reporting year 2008, Los Alamos National Laboratory (LANL) submitted a Form R report for lead as required under the Emergency Planning and Community Right-to- Know Act (EPCRA) Section 313. No other EPCRA Section 313 chemicals were used in 2008 above the reportable thresholds. This document was prepared to provide a description of the evaluation of EPCRA Section 313 chemical use and threshold determinations for LANL for calendar year 2008, as well as to provide background information about data included on the Form R reports. Section 313 of EPCRA specifically requires facilities to submit a Toxic Chemical Release Inventory Report (Form R) to the U.S. Environmental Protection Agency (EPA) and state agencies if the owners and operators manufacture, process, or otherwise use any of the listed toxic chemicals above listed threshold quantities. EPA compiles this data in the Toxic Release Inventory database. Form R reports for each chemical over threshold quantities must be submitted on or before July 1 each year and must cover activities that occurred at the facility during the previous year. In 1999, EPA promulgated a final rule on persistent bioaccumulative toxics (PBTs). This rule added several chemicals to the EPCRA Section 313 list of toxic chemicals and established lower reporting thresholds for these and other PBT chemicals that were already reportable. These lower thresholds became applicable in reporting year 2000. In 2001, EPA expanded the PBT rule to include a lower reporting threshold for lead and lead compounds. Facilities that manufacture, process, or otherwise use more than 100 lb of lead or lead compounds must submit a Form R.

  14. 25 CFR 63.13 - What does the Indian Child Protection and Family Violence Prevention Act require of the Bureau of...

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false What does the Indian Child Protection and Family Violence... GOVERNMENT INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION Minimum Standards of Character and Suitability for Employment § 63.13 What does the Indian Child Protection and Family Violence Prevention Act...

  15. 42 CFR 136.404 - What does the Indian Child Protection and Family Violence Prevention Act require of the IHS and...

    Science.gov (United States)

    2010-10-01

    ... Protection and Family Violence Prevention § 136.404 What does the Indian Child Protection and Family Violence... 42 Public Health 1 2010-10-01 2010-10-01 false What does the Indian Child Protection and Family Violence Prevention Act require of the IHS and Indian Tribes or Tribal organizations receiving funds under...

  16. Conundrums in the legal protection of migrant workers' health rights and relative resolutions: implications from the case of Tseng Hei-tao.

    Science.gov (United States)

    Liu, Kai

    2013-08-01

    The deteriorating situation of migrant workers' health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums--the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum--are barriers to migrant workers' right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of law, and strengthening administrative supervisions. This would fundamentally remove these barriers and thus contribute to migrant workers' health rights protection.

  17. Protective effects of hydroalcoholic extract from rhizomes of Cynodon dactylon (L.) Pers. on compensated right heart failure in rats.

    Science.gov (United States)

    Garjani, Alireza; Afrooziyan, Arash; Nazemiyeh, Hossein; Najafi, Moslem; Kharazmkia, Ali; Maleki-Dizaji, Nasrin

    2009-08-05

    The rhizomes of Cynodon dactylon are used for the treatment of heart failure in folk medicine. In the present study, we investigated the effects of hydroalcoholic extract of C. dactylon rhizomes on cardiac contractility in normal hearts and on cardiac functions in right-heart failure in rats. Right-heart failure was induced by intraperitoneal injection of monocrotaline (50 mg/kg). Two weeks later, the animals were treated orally with different doses of the extract for fifteen days. At the end of the experiments cardiac functions and markers of myocardial hypertrophy were measured. The treated rats showed very less signs of fatigue, peripheral cyanosis and dyspnea. The survival rate was high in the extract treated groups (90%). Administration of C. dactylon in monocrotaline-injected rats led to profound improvement in cardiac functions as demonstrated by decreased right ventricular end diastolic pressure (RVEDP) and elevated mean arterial pressure. RVdP/dtmax, and RVdP/dt/P as indices of myocardial contractility were also markedly (p < 0.001; using one way ANOVA) increased by the extract. The extract reduced heart and lung congestion by decreasing tissue wet/dry and wet/body weight ratios (p < 0.01). In the isolated rat hearts, the extract produced a remarkable (P < 0.001) positive inotropic effect concomitant with a parallel decrease in LVEDP. The results of this study indicated that C. dactylon exerted a strong protective effect on right heart failure, in part by positive inotropic action and improving cardiac functions.

  18. AGREEMENT ON THE SALE AND PURCHASE OF HOUSES TO BE BUILT IN CONJUNCTION WITH THE CONSUMER PROTECTION ACT

    Directory of Open Access Journals (Sweden)

    Ahmad Fauzi

    2018-03-01

    Full Text Available In residential buying agreements, contracts governing default are usually common. Default is stated by expressing negligence in two respects, whether it is negligence in payment of instalment or negligence in the delay of settlement of house construction which will be delivered to the consumer. The developer's responsibility is usually related to the delay of the house construction and delivery to the consumer. In the execution of the sale and purchase transaction of the house to be built, consumers rarely gain consumer protection rights as regulated and mentioned in the article on consumer rights and business actor obligations contained in Article 4 and 7 of Law no. 8 of 1999 on Consumer Protection. Furthermore, field practice reality shows that consumers and developers do not have the same bargaining position, where the consumer are usually required to follow the agreement that has been standardized by developers who are legally contrary to Article 18 of Law no. 8 of 1999 on Consumer Protection.

  19. Federal Act on Protection against Nuisances (BImSchG) and supplementing regulations. 11. ed.

    International Nuclear Information System (INIS)

    Hansmann, K.

    1993-01-01

    This handy booklet contains the BImSchG and related implementing regulations as well as the Technical Codes Clean Air and Noise Abatement. The contribution on the BImSchG explains the origin of the Act, the scope of application, its concept and principles. The contents of the Act is portrayed by emphasizing subject-related connections. Dealt with are also regulations for installations requiring licensing, the measurement of airborne pollution, stipulations concerning the area of installations and transport, as well as the regulation concerning the monitoring of airborne pollution in the Federal Republic of Germany. (orig.) [de

  20. Federal Act on Protection against Nuisances (BImSchG) and supplementing regulations. 9. ed.

    International Nuclear Information System (INIS)

    Hansmann, K.

    1992-01-01

    This handy booklet contains the BImSchG and related implementing regulations as well as the Technical Codes Clean Air and Noise Abatement. The contribution on the BImSchG explains the origin of the Act, the scope of application, its concept and principles. The contents of the Act is portrayed by emphasizing subject-related connections. Dealt with are also regulations for installations requiring licensing, the measurement of airborne pollution, stipulations concerning the area of installations and transport, as well as the regulation concerning the monitoring of airborne pollution in the Federal Republic of Germany. (orig.) [de

  1. 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.

  2. Islamic movement and human rights: Pertubuhan Jamaah Islah Malaysia’s involvement in the “Abolish Internal Security Act Movement,” 2000-2012

    Directory of Open Access Journals (Sweden)

    Maszlee Malik

    2014-12-01

    Full Text Available Human rights has been acknowledged as one of the essential characteristics of good governance. Abuse of human rights is strongly associated with bad governance, which is believed by many to be a serious impediment to development and sustainable growth. Despite the active participations of Islamic movements in many parts of the political world, very little is known of their involvement in advocating human rights issues as part of their struggle for power. Nevertheless, as an Islamic movement and an Islamic revivalism actor in Malaysia, Pertubuhan Jamaah Islah Malaysia (JIM has shown otherwise. JIM has resembled a different attitude towards the issue of human rights that they believe as an integrated and pertinent composition of good governance. By scrutinising their political activities and discourse since 2000, it becomes clear that JIM has been actively engaged in good governance and human rights issues, especially those that relate to the political rights of citizens through its involvement in the Abolish Internal Security Act (ISA Movement (Gerakan Mansuhkan ISA. This paper examines JIM’s involvement in human rights issues with a special focus on its active and leading role in calling for the abolishment of the Internal Security Act (ISA.

  3. Recourse right

    International Nuclear Information System (INIS)

    Lopes, M.R.M.

    1979-01-01

    The recourse right concerning nuclear power plants is analysed. It is emphasized that in the Brazilian civil liability legislation, the operator has this right against who admitted it through a written contract or against the individual who has acted or omitted to act whith the intent to provoke nuclear incidents. (A.L.S.L.) [pt

  4. 75 FR 44724 - Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select...

    Science.gov (United States)

    2010-07-29

    ... statutory mandate, PPQ and VS each convene separate interagency working groups in order to review the lists... responsibility for implementing the provisions of the Act within the Department of Agriculture (USDA). Veterinary Services (VS) select agents and toxins, listed in 9 CFR 121.3, are those that have been determined to have...

  5. 12 CFR 40.16 - Protection of Fair Credit Reporting Act.

    Science.gov (United States)

    2010-01-01

    ... Section 40.16 Banks and Banking COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY PRIVACY OF... Reporting Act. Nothing in this part shall be construed to modify, limit, or supersede the operation of the... provisions of this part regarding whether information is transaction or experience information under section...

  6. The influence of the Consumer Protection Act 68 of 2008 on the

    African Journals Online (AJOL)

    implications for the South African common law of sale. In this contribution the influence of the CPA ... legal position in the United Kingdom – specifically the provisions of the Sales of. Goods Act of 19792 – is .... rejected the argument that the purchaser would be placed in a better position after his eviction because he had the ...

  7. 78 FR 79619 - Patient Protection and Affordable Care Act; Program Integrity: Exchange, Premium Stabilization...

    Science.gov (United States)

    2013-12-31

    .... 155.705(a) by adding a cross reference to subpart M, so that the provision reads, ``Exchange functions... with section 553(b) and (c) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b) & (c)). However... the finding and the reasons therefor in the notice. Section 553(d) of the APA ordinarily requires a 30...

  8. 77 FR 29235 - Patient Protection and Affordable Care Act; Standards Related to Reinsurance, Risk Corridors, and...

    Science.gov (United States)

    2012-05-17

    ..., 2012. II. Summary of Error On page 17248, we inadvertently made an incorrect cross reference in the regulations text at Sec. 153.220(d). We are correcting the cross reference from ``Sec. 153.210(a)(2)(ii)'' to... effect in accordance with section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b...

  9. Food allergen law and the Food Allergen Labeling and Consumer Protection Act of 2004: falling short of true protection for food allergy sufferers.

    Science.gov (United States)

    Roses, Jonathan B

    2011-01-01

    In 2004, Congress mandated labeling of food allergens on packaged foods for the first time by passing the Food Allergen Labeling and Consumer Protection Act (FALCPA). FALCPA requires that manufacturers of foods containing one of the eight major allergens responsible for 90 percent of food allergies either state on the food's packaging that the food contains the allergen, or refers to the allergen by a name easily understandable by consumers in the ingredients listing. Despite this important first step in protecting consumers with food allergies, FALCPA left unregulated the use of conditional precautionary statements (e.g., "may contain [allergen]"), which many manufacturers have used as a low-cost shield to liability. Further, FALCPA applies only to packaged foods, and does not mandate listing of food allergen ingredients in restaurants. This article discusses the history of food allergen litigation in the United States, highlighting the problems plaintiffs have faced in seeking recovery for allergic reactions to a defendants' food product, and some of the practical difficulties still extant due to the lack of regulation of precautionary statements. Also presented is a review of the Massachusetts Food Allergy Awareness Act, the first state legislation requiring restaurants to take an active role in educating employees and consumers about the presence and dangers of food allergens.

  10. Act No. 85-661 of 3 July 1985 amending and supplementing Act No. 76-663 of 19 July 1976 on installations classified for purposes of environmental protection

    International Nuclear Information System (INIS)

    1985-01-01

    This Act both amends and supplements Act No. 76-663 of 19 July 1976 on installations classified for environmental protection purposes. In particular, the new provisions increase the penalties prescribed in cases where classified installations are operated in illegal conditions. (NEA) [fr

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

    Science.gov (United States)

    Ivanc, Blaz

    2011-09-01

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

  12. 78 FR 15553 - Patient Protection and Affordable Care Act; Establishment of Exchanges and Qualified Health Plans...

    Science.gov (United States)

    2013-03-11

    ... & Medicaid Services, Department of Health and Human Services, Attention: CMS-9964-P2, P.O. Box 8016..., Attention: CMS-9964-P2, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850. 4. By hand or... procedure, Advertising, Advisory Committees, Brokers, Conflict of interest, Consumer protection, Grant...

  13. 78 FR 37031 - Patient Protection and Affordable Care Act; Program Integrity: Exchange, SHOP, Premium...

    Science.gov (United States)

    2013-06-19

    ... in the private market, were previously proposed through the Blueprint process, discussed in agency... Vol. 78 Wednesday, No. 118 June 19, 2013 Part III Department of Health and Human Services 45 CFR... HUMAN SERVICES 45 CFR Parts 144, 147, 153, 155, and 156 [CMS-9957-P] RIN 0938-AR82 Patient Protection...

  14. Coral Reef Biological Criteria: Using Clean Water Act to Protect a National Treasure

    Science.gov (United States)

    A collaborative Environmental Protection Agency effort is underway to elucidate the technical aspects of coral reef biocriteria implementation. A stony coral rapid bioassessment protocol has been introduced and applied in the Florida Keys and U.S. Virgin Islands, where several in...

  15. Synergism in mutations induction in Tradescantia by plants protection agents acting jointly with ionizing radiation

    International Nuclear Information System (INIS)

    Cebulska-Wasilewska, A.; Smagala, J.

    1990-01-01

    Tradescantia was first treated by plants protection agents such as: Ambusz, Afalton, Ripcord, Decis, deltametryne and after that irradiated with X radiation. The synergism of both factors was observed. The mutation frequency dependence on radiation doses was studied. 7 figs., 4 refs. (A.S.)

  16. 78 FR 54069 - Patient Protection and Affordable Care Act; Program Integrity: Exchange, SHOP, and Eligibility...

    Science.gov (United States)

    2013-08-30

    ... Qualified Health Plans; Exchange Standards for Employers, 77 FR 18310 (March 27, 2012). \\2\\ Patient..., including States, health insurance issuers, consumer groups, agents and brokers, provider groups, Members of....120(c) to Exchange consumer assistance entities, please see the recent final rule, Patient Protection...

  17. 75 FR 32306 - Perishable Agricultural Commodities Act: Impact of Post-Default Agreements on Trust Protection...

    Science.gov (United States)

    2010-06-08

    ... marketing chain becomes a seller in its own turn and can preserve its own trust assets accordingly. Because... Post-Default Agreements on Trust Protection Eligibility AGENCY: Agricultural Marketing Service, USDA... industry that sellers may lose their status as trust creditors when they agree orally or in writing, after...

  18. ActRII blockade protects mice from cancer cachexia and prolongs survival in the presence of anti-cancer treatments.

    Science.gov (United States)

    Hatakeyama, Shinji; Summermatter, Serge; Jourdain, Marie; Melly, Stefan; Minetti, Giulia C; Lach-Trifilieff, Estelle

    2016-01-01

    Cachexia affects the majority of patients with advanced cancer and is associated with reduced treatment tolerance, response to therapy, quality of life, and life expectancy. Cachectic patients with advanced cancer often receive anti-cancer therapies against their specific cancer type as a standard of care, and whether specific ActRII inhibition is efficacious when combined with anti-cancer agents has not been elucidated yet. In this study, we evaluated interactions between ActRII blockade and anti-cancer agents in CT-26 mouse colon cancer-induced cachexia model. CDD866 (murinized version of bimagrumab) is a neutralizing antibody against the activin receptor type II (ActRII) preventing binding of ligands such as myostatin and activin A, which are involved in cancer cachexia. CDD866 was evaluated in association with cisplatin as a standard cytotoxic agent or with everolimus, a molecular-targeted agent against mammalian target of rapamycin (mTOR). In the early studies, the treatment effect on cachexia was investigated, and in the additional studies, the treatment effect on progression of cancer and the associated cachexia was evaluated using body weight loss or tumor volume as interruption criteria. Cisplatin accelerated body weight loss and tended to exacerbate skeletal muscle loss in cachectic animals, likely due to some toxicity of this anti-cancer agent. Administration of CDD866 alone or in combination with cisplatin protected from skeletal muscle weight loss compared to animals receiving only cisplatin, corroborating that ActRII inhibition remains fully efficacious under cisplatin treatment. In contrast, everolimus treatment alone significantly protected the tumor-bearing mice against skeletal muscle weight loss caused by CT-26 tumor. CDD866 not only remains efficacious in the presence of everolimus but also showed a non-significant trend for an additive effect on reversing skeletal muscle weight loss. Importantly, both combination therapies slowed down time

  19. The protection of the right to privacy as the social imperative of digital age: How vulnerable are we?

    Directory of Open Access Journals (Sweden)

    Levakov-Vermezović Tijana

    2016-01-01

    Full Text Available The paper examines various forms of jeopardizing the privacy of individuals in digital world, with specific focus on criminal protection provided by current international and national legal framework and the jurisprudence of European Court of Human Rights. The significance of conducting this scientific research is essential considering that we live in the era of electronic communications in which no one is anonymous. Development of information and communication technologies has brought, among its many advantages, various challenges in all spheres of modern life. Since the Internet has become the global forum, individuals have been increasingly target of countless insults, defamation and threats; moreover, numerous personal information or media get published without consent. The practice shows that effective suppression and control of illegal behavior on the Internet and punishing the perpetrators is at the rudimental level. In order to provide proper protection for the victims of criminal offenses committed against their privacy in the digital world, it is necessary to create new models and approaches to solving this problem.

  20. 40 CFR 35.925-9 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  1. [The Patient Rights Act (PatRG)--part 1: legislative procedure, treatment contract, contracting parties and their obligations to cooperate and inform].

    Science.gov (United States)

    Parzeller, Markus; Zedler, Barbara

    2013-01-01

    The article deals with the new regulations in the German Civil Code (BGB) which came into effect in Germany on 26 Feb 2013 as the Patient Rights Act (PatRG). In Part I, the legislative procedure, the treatment contract and the contracting parties (Section 630a Civil Code), the applicable regulations (Section 630b Civil Code) and the obligations to cooperate and inform (Section 630c Civil Code) are discussed and critically analysed.

  2. Changing Context of Trade Mark Protection in India: A Review of the Trade Marks Act, 1999

    OpenAIRE

    Pathak, Akhileshwar

    2004-01-01

    With liberalisation and globalisation of the Indian economy, it has become possible for anyone to get into production and services in most of the sectors. This has led to rampant misuse and appropriation of trade marks. In an insulated economy, with monopoly markets, law protecting trade marks had a limited role. In the changed context, however, trade mark law will be a field of much interest for academics and practitioners. Towards this, the paper explores the formation of trade mark law in ...

  3. In the right place at the right time: habitat representation in protected areas of South American Nothofagus-dominated plants after a dispersal constrained climate change scenario.

    Directory of Open Access Journals (Sweden)

    Diego Alarcón

    Full Text Available In order to assess the effects of climate change in temperate rainforest plants in southern South America in terms of habitat size, representation in protected areas, considering also if the expected impacts are similar for dominant trees and understory plant species, we used niche modeling constrained by species migration on 118 plant species, considering two groups of dominant trees and two groups of understory ferns. Representation in protected areas included Chilean national protected areas, private protected areas, and priority areas planned for future reserves, with two thresholds for minimum representation at the country level: 10% and 17%. With a 10% representation threshold, national protected areas currently represent only 50% of the assessed species. Private reserves are important since they increase up to 66% the species representation level. Besides, 97% of the evaluated species may achieve the minimum representation target only if the proposed priority areas were included. With the climate change scenario representation levels slightly increase to 53%, 69%, and 99%, respectively, to the categories previously mentioned. Thus, the current location of all the representation categories is useful for overcoming climate change by 2050. Climate change impacts on habitat size and representation of dominant trees in protected areas are not applicable to understory plants, highlighting the importance of assessing these effects with a larger number of species. Although climate change will modify the habitat size of plant species in South American temperate rainforests, it will have no significant impact in terms of the number of species adequately represented in Chile, where the implementation of the proposed reserves is vital to accomplish the present and future minimum representation. Our results also show the importance of using migration dispersal constraints to develop more realistic future habitat maps from climate change predictions.

  4. 75 FR 39266 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-08

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

  5. Gendered-Caste Discrimination, Human Rights Education, and the Enforcement of the Prevention of Atrocities Act in India

    Science.gov (United States)

    Kapoor, Dip

    2007-01-01

    Despite the constitutional ban on the practice of untouchability and caste-based discrimination, this article elaborates on a gendered-caste-based discriminatory reality in rural India, the difficulties of enforcing legal remedies, and on related human rights praxis to address gendered-caste atrocities by drawing on the experiences of a Canadian…

  6. EVALUATION OF COMMUNITY COMMUNITY SERVICES AND MEDIATION SERVICES INFRINGEMENT OF CHILDREN'S RIGHTS IN THE COMMISSION OF INDONESIAN CHILD PROTECTION

    Directory of Open Access Journals (Sweden)

    Naswardi Naswardi

    2017-12-01

    Full Text Available This study aimed to evaluate the service programs of public complaints and mediation of dispute child rights violations in the Indonesian child protection commission (KPAI . Evaluation model used was Discrepancy Evaluation Model (DEM. This study used a qualitative approach. Data collected through observation, interviews, focus groups and internal supporting data. The results showed that the sub-focus research on the Desain of the program resulted in a Skor value of three, it’s means lower inequality. This illustrates that the Desain of the program has been good. Sub focus of the program installation Skord eight, it’s means inequality are quite low and illustrates quite well the installation program. Sub focus on the process of implementing the program generates a Skor value of ten, it’s means that inequality is high enough and illustrates that the process of program implementation should be improved both from the aspect of organization, management of human resources and services. Sub focus of product produces a value of ten, it’s means that high inequality. This illustrates that the product of service complaints and dispute mediation and child rights violations in KPAI, in need of repair and upgrading. This study found some substantial weaknesses in the implementation of the program by KPAI. Limited human resources, organizational structure ineffective, limited information service system, the absence of a quality management system in service and availability of facilities, infrastructure and facilities that have not been friendly for users of the service. This is a major problem that must be corrected to improve the quality of public complaints service program of and mediation of dispute child rights violations in KPAI.

  7. Evaluation of the activities of the commission on minor’s affairs and protection of their rights dealing with troubled teenagers (based on materials of Nizhnekamsk municipal district)

    OpenAIRE

    Tuhvatullina, Marina

    2013-01-01

    Evaluation of the activities of the commission on minor’s affairs and protection of their rights dealing with troubled teenagers is very important problem is very relevant in connection with the increase of teenage crime. In article present the evaluation of the activities of the commission on minor’s affairs and protection of their rights dealing with troubled teenagers. A particular example of the conducted qualitative and quantitative analysis of activities and on this basis to identify pr...

  8. The Current State of the System of Mechanisms of Realisation and Protection of the Rights of the Child: Conceptual and Legal Aspects

    Science.gov (United States)

    Drozdova, Alexandra Michailowna; Gulakova, Violetta Yurevna; Ivanchenko, Elena Anatolevna; Lesnichenko, Inna Pavlovna; Tereshchenko, Elena Anatolevna

    2016-01-01

    The article is devoted to the analytical understanding of the problems in the field of realisation and protection of the rights of children in Russia to identify and highlight existing problems in order to try to remove shortcomings and embark on further development and improvement of the legal and social mechanisms for the protection of…

  9. Dress codes and appearance policies: challenges under federal legislation, part 1: title VII of the civil rights act and religion.

    Science.gov (United States)

    Mitchell, Michael S; Koen, Clifford M; Moore, Thomas W

    2013-01-01

    As more and more individuals choose to express themselves and their religious beliefs with headwear, jewelry, dress, tattoos, and body piercings and push the envelope on what is deemed appropriate in the workplace, employers have an increased need for creation and enforcement of reasonable dress codes and appearance policies. As with any employment policy or practice, an appearance policy must be implemented and enforced without regard to an individual's race, color, sex, national origin, religion, disability, age, or any other protected status. A policy governing dress and appearance based on the business needs of an employer that is applied fairly and consistently and does not have a disproportionate effect on any protected class will generally be upheld if challenged in court. By examining some of the more common legal challenges to dress codes and how courts have resolved the disputes, health care managers can avoid many potential problems. This article addresses the issue of religious discrimination focusing on dress and appearance and some of the court cases that provide guidance for employers.

  10. The term 'danger' according to the act on protection against nuisances - assessment of incidents on account of external effects

    International Nuclear Information System (INIS)

    Rehbinder, E.

    1976-01-01

    The author deliberates critically on the opinion taken up in the judgments of the Higher Administrative Court at Lueneburg dated February 25th, 1975 and June 27th, 1975 in the case of Dow Chemical, according to which the facilities subject to a licence under the Federal act on protection against nuisances have to be erected in such a way that dangers for the general public and the neighbourhood (in this case danger through gas cloud explosions from a chlorine plant of the Kernkraftwerk Stade) are excluded. If this view, hitherto only expressed by the OVG Lueneburg in summary proceedings according to section 80 paragraph 5 VwGO, gains acceptance, then, in the opinion of the author, the open air construction of the big chemical industry's plants would be illegal to a large extent. While defining the term of danger in police law, Rehbinder applies the term of probability and proportionateness to the term of danger in section 3 BImSchG. On the other hand, the term of danger would have to be taken in a wider sense in section 1 No. 2 and section 7 sub-section No. 2 and 4 Atomic Energy Act, because of the danger potential being here bigger in the long run. In a final conclusion with a view to politics and law, the author states, amongst other things, the following: an exaggerated safety philosophy hides the danger of a political discrediting of the whole environment protection idea, a danger which ought to weigh in the end more heavily than the minute remaining risk for the life and the health of people if a facility which has to have a licence is not protected against absolutely unlikely external incidents. (orig./HP) [de

  11. Pesticides used in forest nursery management in the United States and the impact of the Food Quality Protection Act and other regulatory actions

    Science.gov (United States)

    Jesus A. Cota

    2002-01-01

    The Food Quality Protection Act (FQPA) of 1996 has placed new standards on the registration and regulation of pesticides intended to protect children. The most significant changed mandated by FQPA relate to the registration process termed the "Risk Cup." This approach to risk analysis has resulted in greater restrictions on the application of pesticides used...

  12. Differences in High School and College Students' Basic Knowledge and Perceived Education of Internet Safety: Do High School Students Really Benefit from the Children's Internet Protection Act?

    Science.gov (United States)

    Yan, Zheng

    2009-01-01

    The Children's Internet Protection Act (CIPA; 2000) requires an Internet filtering and public awareness strategy to protect children under 17 from harmful visual Internet depictions. This study compared high school students who went online with the CIPA restriction and college students who went online without the restriction in order to…

  13. The Protection Right to Mental Health of the Worker in Face of the Work Organizations Contemporary: Analysis of the Legal Effectiveness of the Fundamental Right about the Omission Regulatory

    Directory of Open Access Journals (Sweden)

    Leandro Cioffi

    2015-12-01

    Full Text Available Study on the theme of the protection right to mental health of the worker, with category of bibliographic research, with the objective of verifying the possible effectiveness of this right in the environments and contemporary work organizations, from the understanding of the modes of production and forms of execution of work, psychosocial risks and some consequential occupational diseases, the identification of outdating of the protection right to mental health of the workers that imply losses in the effective protection of mental health of such persons, and understanding of this right in the perspective of the fundamental rights and hermeneutical issues involved for their achievement, having the dialectic as method of approach, putting in conflict the concrete element seated in structuring the environment and working organization and its detrimental consequences to mental health worker, with the abstract element seated in the current norms of protection to mental health of the worker, related fundamental rights and involved hermeneutical questions, as a technical procedure, the bibliographic study of books, articles published in journals, handbooks, adding the use of legal documents.

  14. Framework of communication needed to protect against human rights violations of individuals who exercise their right to religious freedom in minority religions

    Directory of Open Access Journals (Sweden)

    Stephanus P. Pretorius

    2012-02-01

    Full Text Available The right to religious freedom is generally believed to be the solution to religious intolerance and discrimination and to ensure world peace amongst world citizens. On an international level, the United Nations, through the appointment of a special rapporteur for freedom of religion and belief, has introduced a tool to monitor violations of this right. This tool is known as �the framework of communications� and is focused mainly on the relationship between governments and religions. Unfortunately, religion is not excluded from the violation of human rights within its own ranks. This article pointed out that however pure the intention of freedom of religion, no real measures are in place to address violations of human rights in minority religions. Therefore, a tool is needed to investigate and address alleged violations within minority religions.

  15. An analysis of the FDA Food Safety Modernization Act: protection for consumers and boon for business.

    Science.gov (United States)

    Strauss, Debra M

    2011-01-01

    This article analyzes components of the FDA Food Safety Modernization Act, which was prompted by incidents of food contamination, exploring the history of its passage and explaining its significance, as well as its limitations. As the first time in 70 years that food law has been changed substantially, this new law represents only an initial but significant step in the direction of improving food safety. With bipartisan support from both Congress and the President, this legislation embodies a mandate that food safety is at this moment becoming a priority. As a result, the time is ripe for a reassessment of other areas of food laws--particularly genetically modified foods and the use of milk and meat from cloned animals and their progeny--which are allowed under current U.S. law with no labeling, preapprovals, or post-market monitoring. These areas warrant special regulation consistent with the new proactive policy towards securing the safety of the food supply.

  16. Korea act on compensation for nuclear damage (as amended on 16 January 2001). Norway act on radiation protection and use of radiation (12 May 2000). Poland atomic energy act (29 November 2000)

    International Nuclear Information System (INIS)

    2001-01-01

    This volume reprints the English and French translation of three nuclear laws. The first law concerns Korea and its purpose is to protect victims and to contribute to the sound development of the nuclear industry by establishing matters relating to compensation in the event of nuclear damage arising during the operation of a nuclear reactor. The second law concerns Norway and its purpose is to prevent the harmful effects of radiation on human health and to contribute to the protection of the environment. It applies to any production, import, export, transport, transfer, possession, installation, use, handling and waste management of radiation sources. It applies also to human activities which causes increased levels of naturally-occurring ionizing radiation in the environment, and to planning and emergency preparedness against incidents and accidents. The last law is the atomic energy act of Poland. It defines the activities related to the peaceful use of atomic energy, involving real and potential exposures to ionizing radiation emitted by artificial radioactive sources, nuclear materials, devices generating ionizing radiation, radioactive waste and spent fuel. It defines also duties of the head of the organisational entity conducting these activities, the authorities competent in the area of nuclear safety and radiological protection, and the principles of third party liability for nuclear damage. The act also establishes financial penalties for the violation of nuclear regulations and the rules for imposing such penalties. It applies also to practices conducted in conditions of exposure to natural ionizing radiation enhanced by human activity. Finally, it defines the principles of radioactive contamination monitoring and establishes rules governing activities undertaken in the event of a radiological emergency as well as in chronic exposure conditions in the aftermath of a radiological emergency or a past practice

  17. ANALYSIS OF THE NEW LEGAL ACTS ON MOBBING PROTECTION OF THE EMPLOYEES IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Jadranka Denkova

    2015-07-01

    Full Text Available Emotional abuse in the work place, psychological terror, social isolation, are terms well known to the Labor Union organizations. They all refer to harassment in the work place, which is actually mobbing. The word “mobbing” denotes a wide range of complex activities which represent harassment of the employees in their work places, in all social spheres. Therefore the consequences range from mild disturbances to disappointing repercussions to the employees. Those consequences mostly reflect badly on the family of the harassed employee, as well on the organization and the society in general. For that reason, the subject of this article is to analyze the regulations of the Law on Labor Relations which refer to protection of employees from harassment in the work place and to analyze the new “Law on Harassment Protection in the work place” adopted recently, in order to increase the protection measures against harassment in the work place on a higher level. The efficiency of this law is to be comprehended through professional and scientific approach, where the research should emphasize the efficiency of the new legal acts. The purpose of this article is not only to analyze the abovementioned laws on harassment protection in the work place in the Republic of Macedonia, but also to present a critique of the eventual mistakes that might occur during implementation and to identify legal gaps as obstacles against mobbing evidence. The methodological approach of this article is directed towards implementation of the qualitative methodanalyzing content founded on scientific and expert competence as well as on previously established real state of affairs by the adopted law regulations in order to present our own point of view. The conclusion of this article refers to the fact that weaknesses in some of the legal acts on the Law on Labor Relations and the Law on Harassment Protection could be noticed. Those cracks might be misinterpreted by the people

  18. Patient Protection and Affordable Care Act; exchange and insurance market standards for 2015 and beyond. Final rule.

    Science.gov (United States)

    2014-05-27

    This final rule addresses various requirements applicable to health insurance issuers, Affordable Insurance Exchanges (``Exchanges''), Navigators, non-Navigator assistance personnel, and other entities under the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively referred to as the Affordable Care Act). Specifically, the rule establishes standards related to product discontinuation and renewal, quality reporting, non-discrimination standards, minimum certification standards and responsibilities of qualified health plan (QHP) issuers, the Small Business Health Options Program, and enforcement remedies in Federally-facilitated Exchanges. It also finalizes: A modification of HHS's allocation of reinsurance collections if those collections do not meet our projections; certain changes to allowable administrative expenses in the risk corridors calculation; modifications to the way we calculate the annual limit on cost sharing so that we round this parameter down to the nearest $50 increment; an approach to index the required contribution used to determine eligibility for an exemption from the shared responsibility payment under section 5000A of the Internal Revenue Code; grounds for imposing civil money penalties on persons who provide false or fraudulent information to the Exchange and on persons who improperly use or disclose information; updated standards for the consumer assistance programs; standards related to the opt-out provisions for self-funded, non-Federal governmental plans and related to the individual market provisions under the Health Insurance Portability and Accountability Act of 1996 including excepted benefits; standards regarding how enrollees may request access to non-formulary drugs under exigent circumstances; amendments to Exchange appeals standards and coverage enrollment and termination standards; and time-limited adjustments to the standards relating to the medical loss ratio

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

    Science.gov (United States)

    West-Oram, Peter

    2013-09-01

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

  20. Protecting the fair trial rights of mentally disordered defendants in criminal proceedings: Exploring the need for further EU action.

    Science.gov (United States)

    Verbeke, Peter; Vermeulen, Gert; Meysman, Michaël; Vander Beken, Tom

    2015-01-01

    Using the new legal basis provided by the Lisbon Treaty, the Council of the European Union has endorsed the 2009 Procedural Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings. This Roadmap has so far resulted in six measures from which specific procedural minimum standards have been and will be adopted or negotiated. So far, only Measure E directly touches on the specific issue of vulnerable persons. This Measure has recently produced a tentative result through a Commission Recommendation on procedural safeguards for vulnerable persons in criminal proceedings. This contribution aims to discuss the need for the introduction of binding minimum standards throughout Europe to provide additional protection for mentally disordered defendants. The paper will examine whether or not the member states adhere to existing fundamental norms and standards in this context, and whether the application of these norms and standards should be made more uniform. For this purpose, the procedural situation of mentally disordered defendants in Belgium and England and Wales will be thoroughly explored. The research establishes that Belgian law is unsatisfactory in the light of the Strasbourg case law, and that the situation in practice in England and Wales indicates not only that there is justifiable doubt about whether fundamental principles are always adhered to, but also that these principles should become more anchored in everyday practice. It will therefore be argued that there is a need for putting Measure E into practice. The Commission Recommendation, though only suggestive, may serve as a necessary and inspirational vehicle to improve the procedural rights of mentally disordered defendants and to ensure that member states are able to cooperate within the mutual recognition framework without being challenged on the grounds that they are collaborating with peers who do not respect defendants' fundamental fair trial rights

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

    Directory of Open Access Journals (Sweden)

    Emeka Polycarp Amechi

    2009-06-01

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

  2. Civil rights reference of administrative procedures

    International Nuclear Information System (INIS)

    Held, J.

    1984-01-01

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

  3. 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

  4. Vulnerability and the Principle of Non-refoulement in the European Court of Human Rights : Towards an Increased Scope of Protection for Persons Fleeing from Extreme Poverty?

    NARCIS (Netherlands)

    Flegar, Veronika

    2016-01-01

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

  5. 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.

  6. El derecho a la protección de la salud The right to have health protection

    Directory of Open Access Journals (Sweden)

    Carlos Elizondo Mayer-Serra

    2007-04-01

    Full Text Available Este artículo tiene como objetivo analizar cómo debe distribuirse el bien salud, o el derecho a la protección a la salud, partiendo de la definición que establece la legislación mexicana. Se mostrará el contraste entre la definición constitucional y la forma en que se ha distribuido y financiado, en la práctica, el gasto en salud, así como sus implicaciones. A continuación se realizará una comparación con otro bien social de gran relevancia, la educación, mismo que consume una proporción de los recursos fiscales nacionales aun mayor que el bien salud. Finalmente, el artículo propone una posible explicación a este hecho y esboza algunas ideas sobre sus implicaciones.This article intends to analyze how the health good or the right to have health protection should be distributed, following the definition established by the Mexican Constitution. This legal definition will be contrasted with the way in which the expenditure on health is actually distributed and financed, and the implications of this. The distribution of this expenditure, in turn, will be compared to another social good of great relevance: education, which consumes an even larger proportion of the national fiscal resources. Finally, the article will suggest a possible explanation for this fact and provide some ideas regarding its implications.

  7. A Conflict Transformation Perspective on Efforts to Protect Human Rights of Haitian Migrants and their Descendants in the Dominican Republic

    Directory of Open Access Journals (Sweden)

    Ingvild Skeie

    2016-04-01

    Full Text Available Este artículo trata el largo debate en los ámbitos académico y profesional, sobre la relación entre la protección de los derechos humanos y la transformación de conflictos. Son dos enfoques que frecuentemente se han presentado como dos opuestos, representando respectivamente los principios y el pragmatismo. Sin embargo, durante los últimos años, se ha notado una tendencia de considerar cómo ambos campos pueden beneficiarse de las herramientas y las ideas del otro. El artículo utiliza la situación de la República Dominicana como un estudio de caso, observando los esfuerzos de la sociedad civil para promover y proteger los derechos de inmigrantes haitianos y sus descendientes, enfocándose particularmente en el papel de las organizaciones no gubernamentales internacionales (‘INGOs’, por sus siglas en inglés. El artículo argumenta la utilidad de la aplicación del análisis de transformación de conflicto, y específicamente intenta mostrar la relevancia de usar un análisis sistémico de conflicto, analizando y entendiendo los abusos contra los derechos humanos dentro de en una perspectiva más amplia de las relaciones dominico-haitianas. El artículo muestra cómo las intervenciones de las INGO afecta las dinámicas del conflicto tanto positivamente como negativamente, y discute las implicaciones para futuras estrategias para los participantes de la sociedad civil. English: This paper addresses the long-standing debate within academic and practitioner circles about the relationship between human rights protection and conflict transformation. While the two approaches have often been pitted against each other, as representing principles vs. pragmatism respectively, there has over the last years been an increasing tendency to consider how the two camps can benefit from each other's tools and lines of thoughts. The article takes the situation in the Dominican Republic as a case, looking into civil society actors' efforts to promote

  8. Assessment of the toxicity of a substance under Canadian environmental protection act, a case study. Polycyclic aromatic hydrocarbons

    Energy Technology Data Exchange (ETDEWEB)

    Nadon, B.; Germain, A.; Coillie, R. van [Environment Canada, Montreal (Canada)

    1995-12-31

    The Canadian Environmental Protection Act (CEPA) proclaimed in 1988 requires the Canadian Ministers of the Environment and of National Health and Welfare to assess the toxicity of different substances. A Priority Substances List containing 44 substances was developed and their assessments had to determine if they were `toxic`, according to the CEPA definition. This definition states that `a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions (a) having or that may have an immediate or long-term harmful effect on the environment, (b) constituting or that may constitute a danger to the environment on which human life depends; or (c) constituting or that may constitute a danger in Canada to human life of health.` This presentation use the assessment of the polycyclic aromatic hydrocarbons (PAHs) as an example of this procedure. (author)

  9. The protective properties of Act-Belong-Commit indicators against incident depression, anxiety, and cognitive impairment among older Irish adults

    DEFF Research Database (Denmark)

    Santini, Ziggi Ivan; Koyanagi, Ai; Tyrovolas, Stefanos

    2017-01-01

    -Belong-Commit and incident depression, anxiety, and cognitive impairment at two-year follow-up. The adjusted model showed that each increase in the number of social/recreational activities (Act) inversely predicted the onset of depression, anxiety, and cognitive impairment. The same was the case for social network...... integration (Belong); that is, being well integrated into social networks was a significant protective factor against all mental health outcomes. Finally, frequency of participation in social/recreational activities (Commit) significantly and inversely predicted the onset of depression and anxiety, while...... two consecutive waves of the Irish Longitudinal Study on Ageing (TILDA) were analyzed. The analytical sample consisted of 6098 adults aged ≥ 50 years. Validated scales for depression, anxiety, and cognitive impairment were used. The number of social/recreational activities engaged in was used...

  10. Assessment of the toxicity of a substance under Canadian environmental protection act, a case study. Polycyclic aromatic hydrocarbons

    Energy Technology Data Exchange (ETDEWEB)

    Nadon, B; Germain, A; Coillie, R van [Environment Canada, Montreal (Canada)

    1996-12-31

    The Canadian Environmental Protection Act (CEPA) proclaimed in 1988 requires the Canadian Ministers of the Environment and of National Health and Welfare to assess the toxicity of different substances. A Priority Substances List containing 44 substances was developed and their assessments had to determine if they were `toxic`, according to the CEPA definition. This definition states that `a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions (a) having or that may have an immediate or long-term harmful effect on the environment, (b) constituting or that may constitute a danger to the environment on which human life depends; or (c) constituting or that may constitute a danger in Canada to human life of health.` This presentation use the assessment of the polycyclic aromatic hydrocarbons (PAHs) as an example of this procedure. (author)

  11. PROFILE: Environmental Impact Assessment Under the National Environmental Policy Act and the Protocol on Environmental Protection to the Antarctic Treaty.

    Science.gov (United States)

    Ensminger; McCold; Webb

    1999-07-01

    / Antarctica has been set aside by the international community for protection as a natural reserve and a place for scientific research. Through the Antarctic Treaty of 1961, the signing nations agreed to cooperate in protecting the antarctic environment, in conducting scientific studies, and in abstaining from the exercise of territorial claims. The 1991 signing of the Protocol on Environmental Protection to the Antarctic Treaty (Protocol) by representatives of the 26 nations comprising the Antarctic Treaty Consultative Parties (Parties) significantly strengthened environmental protection measures for the continent. The Protocol required ratification by each of the governments individually prior to official implementation. The US government ratified the Protocol by passage of the Antarctic Science, Tourism, and Conservation Act of 1997. Japan completed the process by ratifying the Protocol on December 15, 1997. US government actions undertaken in Antarctica are subject to the requirements of both the Protocol and the US National Environmental Policy Act (NEPA). There are differences in the scope and intent of the Protocol and NEPA; however, both require environmental impact assessment (EIA) as part of the planning process for proposed actions that have the potential for environmental impacts. In this paper we describe the two instruments and highlight key similarities and differences with particular attention to EIA. Through this comparison of the EIA requirements of NEPA and the Protocol, we show how the requirements of each can be used in concert to provide enhanced environmental protection for the antarctic environment. NEPA applies only to actions of the US government; therefore, because NEPA includes certain desirable attributes that have been refined and clarified through numerous court cases, and because the Protocol is just entering implementation internationally, some recommendations are made for strengthening the procedural requirements of the Protocol

  12. The success of the citizen suit: protecting consumers from inaccurate food labeling by amending the Federal Food, Drug, and Cosmetic Act.

    Science.gov (United States)

    Springer, James

    2013-01-01

    The Federal Food, Drug, and Cosmetic Act ("FDCA"), amended in 1990 by the Nutrition Education and Labeling Act ("NLEA"), established a national framework for the administration and promulgation of uniform food labeling standards. Specifically, the NLEA created affirmative obligations for the food--requiring detailed disclosure of food content and strict adherence to regulations governing the use of health and nutritional claims on food packaging. To accomplish these goals, Congress tasked the Food and Drug Administration ("FDA") with the sole responsibility of the enforcement of these new requirements. Under the statutory framework of the FDCA, the United States Supreme Court ("Court") has held that there is no private right of action, of which extended to the enforcement of NLEA standards. This interpretation has left individuals with no federal outlet for relief in the enforcement of federal food labeling standards. Adherence to this interpretation is especially concerning when the FDA currently faces exponential growth in administrative responsibilities while simultaneously experiencing employment reduction, a $206 million "Sequester," and a recent government-wide shutdown. As a result, the American people are left to depend on an Agency that is struggling with drastic resource reduction while being accountable for ever increasing enforcement responsibilities. To ensure consumer protection, this Article argues that Congress should amend the FDCA to include a citizen suit provision in order to provide individuals with a right of private action for the enforcement of NLEA standards. Borrowing from the successes realized under similar citizen suit provisions found in environmental legislation, this Article argues that a citizen suit provision is amendable to the FDCA and would relieve fiscal pressures, strengthen the current enforcement framework of the FDCA, encourage more robust enforcement by the FDA and states, and ensure uniform interpretation of NLEA

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

    Directory of Open Access Journals (Sweden)

    Mohmed Alqahtani Faten

    2018-01-01

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

  14. 2009 Toxic Chemical Release Inventory Report for the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Section 313

    Energy Technology Data Exchange (ETDEWEB)

    Environmental Stewardship Group (ENV-ES)

    2010-11-01

    For reporting year 2009, Los Alamos National Laboratory (LANL) submitted a Form R report for lead as required under the Emergency Planning and Community Right-to- Know Act (EPCRA) Section 313. No other EPCRA Section 313 chemicals were used in 2009 above the reportable thresholds. This document was prepared to provide a description of the evaluation of EPCRA Section 313 chemical use and threshold determinations for LANL for calendar year 2009, as well as to provide background information about data included on the Form R reports.

  15. Utilization of coal fly ash in construction in relation to regulations within the framework of the Dutch Soil Protection Act

    International Nuclear Information System (INIS)

    van der Sloot, H.A.

    1991-01-01

    In 1987, the Dutch Government passed the Soil Protection Act. Within the framework of this act aiming at reduction of soil pollution by anthropogenic activities, a number of regulations will be enforced. One of these is the Regulation for Construction Materials, which is intended to control environmental impacts resulting from the utilization of industrial residues in construction. The regulation will apply to all conventional materials used in construction and raw materials derived from waste materials. For effective enforcement of this regulation by 1992, a full set of well documented procedures are needed to cover such aspects as sampling, storage, analysis of solids and liquids, leaching, and evaluation of test results. These procedures should ultimately be available as national (NEN), or preferably internationally (CEN, ISO), agreed standard protocols. A coherent program of projects has been started in 1990 in association with the Dutch Normalization Institute to generate these protocols and initiate the necessary research activities. As a result of the new regulations, initiatives have been taken to certify industrial residues for certain applications. The utilization of coal combustion residues in construction is governed by certificates. Thus, quality control at the utilities is an integral part of coal fly ash utilization and marketing. For public acceptance of utilization of these materials, quality control and certification is an essential element along with demonstrations of proper performance in practice

  16. 1998 Toxic Chemical Release Inventory Report for the Emergency Planning and Community Right-to-Know Act of 1986, Title III

    International Nuclear Information System (INIS)

    Stockton, Marjorie B.

    1999-01-01

    The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 [also known as the Superfund Amendment and Reauthorization Act (SARA), Title III], as modified by Executive Order 12856, requires that all federal facilities evaluate the need to submit an annual Toxic Chemical Release Inventory report as prescribed in Title III, Section 313 of this Act. This annual report is due every July for the preceding calendar year. Owners and operators who manufacture, process, or otherwise use certain toxic chemicals above listed threshold quantities are required to report their toxic chemical releases to all environmental mediums (air, water, soil, etc.). At Los Alamos National Laboratory (LANL), no EPCRA Section 313 chemicals were used in 1998 above the reportable threshold limits of 10,000 lb or 25,000 lb. Therefore LANL was not required to submit any Toxic Chemical Release Inventory reports (Form Rs) for 1998. This document was prepared to provide a detailed description of the evaluation on chemical usage and EPCRA Section 313 threshold determinations for LANL for 1998

  17. Legal protection of elderly persons and risk of their victimization by criminal acts with elements of domestic violence

    Directory of Open Access Journals (Sweden)

    Mirić Filip

    2012-01-01

    Full Text Available The aging process is inevitable. It follows the individual from birth until death. Due to the inability of people to influence it, there is a greater obligation of society to provide the people in the „third age“ a dignified life, without any form of victimization. The author defines which people are considered old according to positive legal acts of the Republic of Serbia. The subject of this paper are the factors that increase the risk of victimization of the elderly within the family, taking into account the physical, psychological, sexual and economic violence against the elderly, as well as mechanisms for their legal protection from domestic violence, as one of the most effective tools of the state and society in general for protection of this particularly vulnerable social group. Relevant provisions of the Criminal Code and the Code of Criminal Procedure of the Republic of Serbia with a critical analysis of the incrimination of offenses with elements of domestic violence where the victim is usually an old person will be analyzed. From the subject defined in this manner, stems the paper‘ s mainly descriptive goal of describing the phenomenon through the analysis of the major forms of violence to which the elderly within the family are exposed (physical, psychological, economic and sexual violence. The purpose of the paper is also to analyze the factors that increase the risk of victimization of the elderly and the mechanisms for their legal protection from domestic violence, point out the harm of this type of violence and thus contribute to combating this negative social phenomenon.

  18. Materials and Fuels Complex Hazardous Waste Management Act/Resource Conservation and Recovery Act Storage and Treatment Permit Reapplication, Environmental Protection Agency Number ID4890008952

    Energy Technology Data Exchange (ETDEWEB)

    Holzemer, Michael J. [Idaho National Lab. (INL), Idaho Falls, ID (United States); Hart, Edward [Idaho National Lab. (INL), Idaho Falls, ID (United States)

    2015-04-01

    Hazardous Waste Management Act/Resource Conservation and Recovery Act Storage and Treatment Permit Reapplication for the Idaho National Laboratory Materials and Fuels Complex Hazardous Waste Management Act/Resource Conservation and Recovery Act Partial Permit, PER-116. This Permit Reapplication is required by the PER-116 Permit Conditions I.G. and I.H., and must be submitted to the Idaho Department of Environmental Quality in accordance with IDAPA 58.01.05.012 [40 CFR §§ 270.10 and 270.13 through 270.29].

  19. Righting wrongs and reforming rights.

    Science.gov (United States)

    Ivey, Laurie C

    2014-03-01

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

  20. Role of methods and technology of management in the sphere of protecting the rights and freedoms of the imprisoned

    Directory of Open Access Journals (Sweden)

    Pavel A. Matyukhov

    2016-01-01

    Full Text Available Objective to form the sciencebased knowledge about the place and the role of technology and methods of management system in solving the problems of the penal system in the sphere of protection of the rights and freedoms of the imprisoned. Methods universal dialectic method of cognition analysis analogy and systemicstructural and abstractlogical methods. Results it was found that the combination of structural elements of the Federal Execution Service of Russia whose activities are in one way or another aimed at enabling prisoners to use their rights and freedoms has a systemic character. It was determined that the efficiency of functioning of any system including the criminalexecutive is provided by managing it its elements. The crucial role of the used methods and technologies is shown. The opinion is formed and justified that their skilled application in the management of the criminalexecutive system will improve the efficiency of solving its tasks including in the sphere of protection of the rights and freedoms of the imprisoned. Scientific novelty the attempt to examine the role of technology and management practices in the functioning of the system ensuring protection of the rights and freedoms of the imprisoned. Practical significance the main provisions and conclusions of the article can be used both in scientific and practical activities of managers of different levels and units of the penal system to address the challenges they face including on the protection of the rights and freedoms of the imprisoned. nbsp