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

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.

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

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

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

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.

[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.

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,…

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.

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.

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.

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 ...

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.

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

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).

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.

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

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.

"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.

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.

[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.

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

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...

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

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.

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

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

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

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.

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.

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...

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 ...

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.'

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...

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...

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...

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

[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.

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...

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.

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.

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…

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...

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.

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

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...

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,…

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...

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

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.

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

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

International Nuclear Information System (INIS)

Gassner, E.

1981-01-01

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

The 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.

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. ...

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.

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.

[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.

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.

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

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...

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

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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.

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.

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...

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

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.

Lyndon B. Johnson and the Civil Right Act of 1964

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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.

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.

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.

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 ...

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

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...

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.

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)

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...

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.

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.

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

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.

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...

[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.

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.

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

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...

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.

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...

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.

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...

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

77 FR 74831 - Fair Credit Reporting Act Disclosures

Science.gov (United States)

2012-12-18

... the FACT Act added a new Section 612(a) to the FCRA that gives consumers the right to request free... BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No. CFPB-2012-0047] Fair Credit Reporting Act Disclosures AGENCY: Bureau of Consumer Financial Protection. ACTION: Notice regarding charges for certain...

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...

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

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.

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 ...

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

Science.gov (United States)

Pomeranz, Jennifer L

2018-01-01

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

The 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...

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...

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...

[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.

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...

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...

The rights of patients as consumers: An ancient view.

Science.gov (United States)

Barapatre, Nishant Bhimraj; Joglekar, Vishnu Prabhakar

2016-01-01

As far as the rights of consumers are concerned, the International Organization of Consumer's Union (IOCU) in 1983 has specified about the eight rights of a consumer. The Consumer Protection Act (CPA), 1986 then prescribed six "Rights of Consumers," which are protected under the act. However, these rights can be observed in the ancient Indian texts such as Brihat-trayee , Narad Smruti , and Kautilya Arthashastra ., in the form of rights given to patients. For the purpose of present study, the implemented methodology includes - (1) study of the consumer rights described by IOCU and CPA, (2) detailed review of literature for observance of replication of these consumer rights in the ancient Indian texts and (3) a comparative study of the present consumer rights with the rights of patients observed in ancient Indian texts. This study shows that the substance of consumer rights is not a recent evolution, but the foundation of these rights has been laid well beforehand in the ancient times, which were provided to the patients by medical profession as well as by the rulers. The current scenario of protection of consumer rights is the replication of this ancient practice only.

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

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)

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.

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...

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…

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.

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...

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 ...

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.

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

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...

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

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

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.

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.

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

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

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...

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.

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...

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

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 ...

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.

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.

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.

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.

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...

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

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...

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...

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.

Sexual Harassment: Legal Protection Againts Workers in Malaysia

OpenAIRE

Arief, H. Hanafi

2017-01-01

Sexual harassment is a criminality that the government of Malaysia should give protection to the victims. Malaysia Criminal Act, Employment Act 1955, and Industrial Relations Act 1967 and Regulation or Act 117 were enforced to do. The protection includes any victim living in Malaysia without discrimination citizens or non-citizens, including labour migrants whether documented or undocumented. Sometimes employer violated their worker's rights because he believes that workers tend not to reveal...

Girl child: her rights and law.

Science.gov (United States)

Gokhale, S D

1995-01-01

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

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

Proposed amendments to the Bankruptcy and Insolvency Act and Companies' Creditors Arrangement Act

International Nuclear Information System (INIS)

Robinson, L.B.

1996-01-01

The proposed amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA), which would have a significant impact on creditors' rights and remedies when dealing with a petroleum industry insolvency, were explained. An explanation was presented for the structured procedures that should be followed for: (1) Directors' liability, (2) Protection given to trustees and receivers against pre-appointment corporate obligations, and (3) International insolvencies

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.

Safeguarding the Dignity of Women under the Criminal Law Amendment Act 2013-A Critical Analysis

Directory of Open Access Journals (Sweden)

R C Borpatragohain

2013-11-01

Full Text Available This viewpoint aims to analyse the Criminal Law Amendment Act 2013 from a legal perspective. In doing so, it discusses the statutory safeguards of rights to a dignified life of a woman by analysing the various existing laws, which have been significantly amended to build the Criminal Act, 2013. These laws are: Indian Penal Code (IPC 1860; Indian Evidence Act 1872, Code of Criminal Procedure as amended in 1973, Immoral Trafficking Prevention Act 1956, Information Technology Act 2000, The Juvenile Justice (Care and Protection of Children Act 2000, The Protection of Women from Domestic Violence Act 2005, The Protection of Children from Sexual Offences Act, 2012, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act 2013. In the conclusion, I urge that although efficient laws are in operation in India towards protecting the right to live with dignity of women, however, incidents of violence against women are on the rise. Hence, a concerted effort in bringing appropriate attitudinal change is the task ahead for all Indians.

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

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

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.

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.

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.

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

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...

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...

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

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

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

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...

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...

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 ...

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.

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...

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.

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 ...

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

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

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.

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

Science.gov (United States)

Kress, June

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

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...

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.

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

Science.gov (United States)

Erdman, Joanna N

2014-11-01

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

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...

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

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...

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.

[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.

Legal Knowledge of Legislated Employment Rights: An Empirical Study

OpenAIRE

Hapriza Ashari; Nik Ahmad Kamal Nik Mahmod

2013-01-01

This article aims to assess the level of basic knowledge of statutory employment rights at the workplace as prescribed by the Malaysian Employment Act 1955. The statutory employment rights comprises of a variety of individual employment rights such as protections of wages, statutory right to the general standard of working time, statutory right to rest day, public holidays, annual leave and sick leave as well as female employee’s statutory right to paid maternity leave. A field survey was car...

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.

A Brief Overview of the Civil Union Act

Directory of Open Access Journals (Sweden)

N Ntlama

2010-05-01

Full Text Available The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution has provided a sound framework for the elimination of discrimination and prejudice against all members of our society. The Constitution provides for equal recognition of the right to freedom of religion and sexual orientation within the framework of the right to equality. This note aims to provide a brief overview and analysis of the general and potentially problematic features of the Civil Union Act 17 of 2006 (the Act in the context of equality, generally and within realm of the constitutional protection afforded to everyone in South Africa. This contribution is limited to an examination of the quality of the legal protection accorded to same-sex couples as envisaged inthe Act, and not to an analysis of the nature of the institution of marriage itself or the theological and social dimensions of same-sex marriages.

Zimbabwe Children's act alignment with international and domestic ...

African Journals Online (AJOL)

This paper identifies shortfalls in the Children's Act (Zimbabwe) which reduce its alignment with the international and domestic legal instruments such as the United Nations Convention on the Rights of the Child (UNCRC), the African Charter on the Rights and Welfare of the Child (ACRWC), Child Protection Model Law, ...

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

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.

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.

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.

45 CFR 2508.3 - What is the Corporation's Privacy Act policy?

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false What is the Corporation's Privacy Act policy? 2508... NATIONAL AND COMMUNITY SERVICE IMPLEMENTATION OF THE PRIVACY ACT OF 1974 § 2508.3 What is the Corporation's Privacy Act policy? It is the policy of the Corporation to protect, preserve, and defend the right of...

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...

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.

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.

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…

A brief overview of the Civil Union Act* | Ntlama | Potchefstroom ...

African Journals Online (AJOL)

... same-sex couples as envisaged in the Act, and not to an analysis of the nature of the institution of marriage itself or the theological and social dimensions of same-sex marriages. Keywords: same-sex marriages; civil union; equality; constitutional rights; constitutional protection of homosexual relationships; Civil Union Act ...

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...

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 ...

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...

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...

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 ...

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 ...

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.

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.

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...

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/...

Law Enforcement of Consumer Protection for Safe Food Packaging in The Decisions of Criminal Justice

Science.gov (United States)

Wiryani, F.; Herwastoeti; Najih, M.; Haris, A.

2017-04-01

The right to a safe food is a human rights protected by the 1945 Constitution and legislation, including the Health Act, the Consumer Protection Act and Food Act. The law governing the rights and obligations of consumers; rights, obligations and responsibilities of businesses, as well as prohibitions and sanctions for businesses that violate. Food consumers aggrieved can file a non-litigation legal action and / or litigation. Non-litigation legal efforts made through negotiation or mediation or through Consumer Dispute Resolution Body (BPSK). The litigation efforts made by filing a lawsuit for damages to the court and / or reporting the case to the criminal law enforcement. This study specifically examines the enforcement of criminal law in the judgment as a safeguard against food consumers. Sanctions provisions setting a strategic role in an effort to make the protection of consumers of food. Patterns general formulation of the maximum penalty in the third Act is not appropriate because it too gives flexibility for the judge to make a decision as low to the Defendant. Facts on society, business agent has a dominant and strong position compared with consumers of food. These favorable conditions business agent position and vice versa less give legal protection to the Consumer Food. Preferably the pattern formulation penalty of criminal acts in the field of food using a specific minimum and maximum public.

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.

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

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...

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 ...

Nuclear Regulatory Authority Act, 2015 (Act 895)

International Nuclear Information System (INIS)

2015-04-01

An Act to establish a Nuclear Regulatory Authority in Ghana. This Act provides for the regulation and management of activities and practices for the peaceful use of nuclear material or energy, and to provide for the protection of persons and the environment against the harmful effects of radiation; and to ensure the effective implementation of the country’s international obligations and for related matters. This Act replaced the Radiation Protection Instrument, of 1993 (LI 1559).

20 CFR 1002.259 - How does USERRA protect an employee's pension benefits?

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false How does USERRA protect an employee's pension... REEMPLOYMENT RIGHTS ACT OF 1994 Reemployment Rights and Benefits Pension Plan Benefits § 1002.259 How does USERRA protect an employee's pension benefits? On reemployment, the employee is treated as not having a...

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.

HIPAA's Individual Right of Access to Genomic Data: Reconciling Safety and Civil Rights.

Science.gov (United States)

Evans, Barbara J

2018-01-04

In 2014, the United States granted individuals a right of access to their own laboratory test results, including genomic data. Many observers feel that this right is in tension with regulatory and bioethical standards designed to protect the safety of people who undergo genomic testing. This commentary attributes this tension to growing pains within an expanding federal regulatory program for genetic and genomic testing. The Genetic Information Nondiscrimination Act of 2008 expanded the regulatory agenda to encompass civil rights and consumer safety. The individual access right, as it applies to genomic data, is best understood as a civil-rights regulation. Competing regulatory objectives-safety and civil rights-were not successfully integrated during the initial rollout of genomic civil-rights regulations after 2008. Federal law clarifies how to prioritize safety and civil rights when the two come into conflict, although with careful policy design, the two need not collide. This commentary opens a dialog about possible solutions to advance safety and civil rights together. Copyright © 2017 American Society of Human Genetics. Published by Elsevier Inc. All rights reserved.

Right to access to justice in environmental matters

Directory of Open Access Journals (Sweden)

Daniela Gračan

2010-01-01

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

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...

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

Promotion of Human Rights in the Republic of Kosovo

Directory of Open Access Journals (Sweden)

MSc. Albulena Ukimeraj

2016-07-01

Full Text Available Fundamental rights and freedoms are constitutional category of democratic states whereas the standards for guaranteeing these rights have been determined in the highest international acts of the United Nations. Promotion of equality and compliance with human rights initially originated in social developments in antiquity period. The Greek philosophy represented by world class philosophers Plato and Aristotle, created the foundation for complying with these rights which still serve as principles in the modern times and democratic developments. In later stages of social developments, despite the progress, compliance with human rights in the slavery era but even in the medieval times was faced with many challenges. Meanwhile, the development of the modern world, as an enlightening historic moment, it is the French Revolution, which was of course preceded by important documents in the history of development and advancement of human rights such as: Magna Carta Libertatum and the US Constitution. The reason for addressing this topic consists in the fact that these fundamental rights and freedoms are parts of constitutions of many countries including Kosovo, which are proclaimed and protected by different acts and norms, however they continue to be infringed either by individuals or institutions. Thus, with the aim of promotion of human rights and legal basis related to them in the Republic of Kosovo, this paper will elaborate development of human rights and the legal infrastructure for protection and compliance of human rights in a chronological manner by providing conclusions on the promotion of human rights in the Republic of Kosovo.

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...

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.

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.

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.

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...

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.

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.

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

Personal Data Protection in New Zealand: Lessons for South Africa?

Directory of Open Access Journals (Sweden)

A Roos

2008-12-01

Full Text Available In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU member countries ('third countries' that do not provide an adequate level of data protection. Article 25 results in the Directive having extra-territorial effect and exerting an influence in countries outside the EU. Like South Africa, New Zealand is a 'third' country in terms of the EU Directive on data protection. New Zealand recognised the need for data protection and adopted a data protection Act over 15 years ago. The focus of this article is on the data protection provisions in New Zealand law with a view to establishing whether South Africa can learn any lessons from them. In general, it can be said that although New Zealand law does not expressly recognise a right to privacy, it has a data protection regime that functions well and that goes a long way to providing adequate data protection as required by the EU Directive on data protection. Nevertheless, the EU has not made a finding to that effect as yet. The New Zealand data protection act requires a couple of amendments before New Zealand might be adjudged ‘adequate’. South Africa’s protection of the right to privacy and identity is better developed and more extensive than that of New Zealand. Privacy is recognised and protected in the law of delict and by the South African Constitution. Despite South Africa’s apparently high regard for the individual’s right to privacy and identity and our well-developed common and constitutional law of privacy, South Africa does not meet the adequacy requirement of the EU Directive, because we do not have a data protection Act. This means that South African participants in the information technology arena are at a constant disadvantage. It is argued that South Africa should follow New Zealand’s example and adopt a data

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 ...

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…

Legal Protection Against The Dance Creator In Indonesia

Directory of Open Access Journals (Sweden)

Juwita

2015-08-01

Full Text Available This research aimed to find out and to analyze the ideal legal protection so it can encourage the creator of dance in developing a creation in the field of dance and to find out and to analyze and to get the concept of legal protection of copyright in the field of dance after the enactment of Act No. 28 of 2014 concerns Copyright. This research is empirical juridical. The technique of collecting legal material is conducted through interviews questionnaires to respondents and literature study i.e by collecting various documents in the form of primary secondary and tertiary legal materials. The results of research showed that 1. Dance is a part of copyright associated with diverse art and culture owned by the Indonesian certainly dance produced by consume energy thoughts time and cost by Dance Creator with regard to the creation the state has given protection of dance creator for art as stipulated in Article 40 letter e of Act No. 28 of 2014 as an expression of respect and appreciation to the Dance Creator 2 In association with the regulation on the protection of creative works of art dance regulated in Act No. 28 of 2014 the creator of dance argues is very important to give the protection of dance creator for their copyrighted works particularly their rights as a creator of dance i.e moral and economic rights. Giving moral and economic rights cannot be felt fully by the creator of dance this is due to the creator of dance does not have an institutions that will accommodate the creativity of creators that useful for their welfare.

Suffrage and Electoral Rights of Expatriates

Directory of Open Access Journals (Sweden)

Marc Gjidara

2015-01-01

Full Text Available This paper points out the historical aspect of suffrage and electoral rights. The practice of the Court of the European Union, the European Court for the protection of Human Rights and Fundamental Freedoms and the opinion and recommendation of the European Commission on the voting rights of citizens who live abroad are pointed out. This is illustrated by the example of the Republic of France. Finally, the Residency Act of the Republic of Croatia, which was enforced on 14 December 2012, is analysed in detail. To conclude, according to the author’s opinion, the deficiencies of Croatian law are pointed out as well as the possible problems in practice.

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

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

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.

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.

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...

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...

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....

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...

Technology, Education and Copyright Harmonization Act Best Practices

Science.gov (United States)

Shaver, Marc S.

2017-01-01

Educational institutions continually work to balance between providing students with access to data and protecting copyright owner's exclusive rights. The Copyright Act of 1976, effective in 1978, provided exemptions for live and distance education. As digital technology grew in capability, its capabilities were incorporated in distance education,…

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.

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...

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...

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.

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...

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.

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...

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

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.

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.

Protection of third parties. The protection of third parties affected by building or plant construction permits under the public construction law, the emission control law, or the atomic energy law

International Nuclear Information System (INIS)

Koenig, S.

1993-01-01

Building construction permits just like plant construction permits under the Federal Emission Control Act or the Atomic Energy Act are typical cases representing the administrative order with a dual effect, or an effect on third parties: decisions supporting the interests of the project owner always affect third parties. Third party protection therefore is a major topic of public construction law or the environmental protection law to be applied to industrial installations. Although actions brought by third parties have become something ordinary for the administrative courts, substantive third party protection continues to pose specific problems. The book in hand develops and explains a way out of the dilemma created by third party protection. The solutions presented are founded on a sound dogmatic basis and take into account the Federal Constitutional Court's rulings in matters of civil rights. The starting point adopted by the authors is the third party rights warranting protection, with the objective protection provided for by the law in general gaining effect as subjective rights as far as the protection is based on the civil rights of the constitution. The scope of protection affordable depends on the individual case and the reconciliation of terests of all parties concerned. The problem solutions set forth very extensively rely on the jurisdiction in matters of third party protection and on approaches published in the relevant literature, so that the book also may serve as a guide to current practice and a helpful source of reference for readers looking for information about the issue of third party protection. (orig./HP) [de

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

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.

Remarks before the Paralyzed Veterans of America, Disability Rights Conference (Washington, DC, April 5, 1984).

Science.gov (United States)

Reynolds, Wm. Bradford

This speech by the Assistant Attorney General in the Civil Rights Division of the Department of Justice describes the Reagan Administration's enforcement of section 504 of the Rehabilitation Act and other federal statutes protecting the rights of disabled people in America. The Supreme Court case of "Consolidated Rail Corporation v.…

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.

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...

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.

Legal aspects of cancer deseases prophylactics: patients rights context.

Science.gov (United States)

Tatsiy, Vasyl; Gutorova, Nataliya; Pashkov, Vitalii

Introduction: In accordance with Resolution on Cancer Control WHA58.22 Cancer prevention and control The Fifty-eighth World Health Assembly it is obvious technology for diagnosis and treatment of cancer is mature, and that many cases of cancer may be cured, especially if detected earlier Some key points on concept of legal regulation of abovementioned sphere is a base of this study. However, the problems of using an effective mechanism for protecting the rights of patients in certain types of disease, in particular cancer patients, by providing early diagnosis, are not fully developed by medical law specialists. The aim of the article is to determine the means of ensuring the right to health and life of cancer patients in particular through early diagnosis. Material and Methods: This study is based on regulation acts, World health report (2013), The Fifty-eighth World Health Assembly, WHA58.22 Cancer prevention and control, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, European Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights of the European Union, research papers and views of progressive-minded people in this sphere. Article is grounded on dialectical, comparative, analytic, synthetic and comprehensive research methods. Review: Most countries have declared a compliance of their national legislation with international standards regarding the right to life and health. The analysis of the abovementioned international acts in context of protection of the rights of patients with cancer leads to the conclusion that countries that have undertaken international legal obligations to protect the right to life are required to take the necessary measures to ensure the effective treatment of cancer patients. Taking into account that the lack of such treatment due to the specificity of the disease entails the death

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.

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…

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...

Free medical care and consumer protection.

Science.gov (United States)

Agrawal, Aniket Deepak; Banerjee, Arunabha

2011-01-01

This paper will examine the question of whether patients, who receive free medical care, whether from private charitable or governmental hospitals, can claim rights as 'consumers' under the Consumer Protection Act, 1986. The issue will be discussed from a constitutional perspective as well as that of the law of torts.

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

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.

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."

High technology and civil rights

International Nuclear Information System (INIS)

Lerche, P.

1982-01-01

Court decision reflect the widely felt lack of clarity about the present legal situation in the field of high technology. This confusion is also due to the fact that this legal situation is surrounded by civil rights constellations, which have more and more eroded the contours of our legal system in recent years: Today, civil rights are no longer specific, well-definable bulwarks for the citizen, but are more and more frequently interpreted by the supreme courts as sources of procedural requirements with more or less certain often vague consequences. This shifting of the accent in civil rights towards procedural matters is due to an innate logical necessity, however: The same civil right considered in the same situation, e.g., in planning for high technology, may give rise to very different, even contradictory individual claims. Therefore, one of the main modern objectives of civil rights becoming more and more apparent is the need to reconcile conflicting positions, which makes civil rights a driving force in balancing interests in the easiest possible way. Yet, one of the main deficiencies in this rapidly growing procedural approach is the one-sidedness often to be found as a result of isolated, punctual actions. This misses the objective of achieving adequate harmonization. As examples of such one-sided, isolated civil rights approaches, legal opinions are cited on the so-called public participation (possibility to object for those concerned) in the licensing procedures under the German Atomic Energy Act and for protection against environmental impacts. Quity rightly, this participation of the public is interpreted as an advance protection of civil rights. However, its consequences quite often are exaggerated. (orig.) [de

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.

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.

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.

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

40 CFR 1508.2 - Act.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Act. 1508.2 Section 1508.2 Protection of Environment COUNCIL ON ENVIRONMENTAL QUALITY TERMINOLOGY AND INDEX § 1508.2 Act. Act means the National Environmental Policy Act, as amended (42 U.S.C. 4321, et seq.) which is also referred to as “NEPA.” ...

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.

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)

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…

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

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

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

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…

TINJUAN YURIDIS PENGATURAN RIGHTS MANAGEMENT INFORMATION DALAM KETENTUAN HAK MORAL PADA UNDANG-UNDANG NO. 19 TAHUN 2002 TENTANG HAK CIPTA DI INDONESIA

Directory of Open Access Journals (Sweden)

M. Zairul Alam

2014-08-01

Full Text Available Abstract Thedigital technological advancement and internet technology urges the new forms of  works protection against new model of piracy and copyright infringement. Technological Protection Measures (TPM and Rights Management Information (RMI seeks to answer the needs of new forms of technological protection as those provisions are regulated under WIPO Copyright Treaty 1996. This paper suggest that the RMI concept which is regulated under Moral Rights section in Indonesian Copyright Act reveals new obstacles in order to comply with adequate and effective legal remedies requirementsin WCT provision. As a conclusion, the arrangement of RMI under Moral Rights in Indonesian Copyright Act does not fit properly with the main objectives of RMI as one element of double protection of digital works along with TPM. Key words: rights management information, moral rights, technological protection Abstrak Kemajuan teknologi digital dan teknologi internet memunculkan urgensi bentuk perlindungan baru atas model pembajakann karya cipta dan pelanggaran hak cipta. TPM (Technological Protection Measures dan RMI (Rights Management Information mencoba memberikan jawaban atas kebutuhan perlindungan ciptaan dengan penggunaan teknologi sebagaimana diatur dalam WIPO Copyright Treaty 1996. Tulisan ini selanjutnya akan menjelaskan bahwa pengaturan RMI di bawah Ketentuan Hak Moral dalam Undang-Undang Hak Cipta memunculkan kendala dan tantangan baru dalam kaitannya dengan pemenuhan persyaratan akan pengaturan RMI yang memadai dan efektif. Tulisan ini berkesimpulan bahwa pengaturan RMI dalam Ketentuan Hak Moral dalam UUHC di Indonesia tidak secara tepat sesuai dengan apa yang dimaksudkan dalam WCT, bahwa baik RMI dan TPM berfungsi sebagai proteksi ganda perlindungan karya digital. Kata kunci: right management information, hak moral, perlindungan teknologi

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.

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...

Section 27 of the Insolvency Act 24 of 1936 as a violation of the ...

African Journals Online (AJOL)

This paper examines section 27 of the Insolvency Act 24 of 1936 within the context of the right to equality in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution). Section 27 of the Insolvency Act protects benefits arising from an antenuptial contract and given by a man to his wife or to a child ...

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…

Dress codes and appearance policies: challenges under federal legislation, part 3: Title VII, the Americans with Disabilities Act, and the National Labor Relations Act.

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, 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, the third part of a 3-part examination of dress codes and appearance policies, focuses on the issues of race and national origin under the Civil Rights Act, disability under the Americans With Disabilities Act, and employees' rights to engage in concerted activities under the National Labor Relations Act. Pertinent court cases that provide guidance for employers are addressed.

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.)

PUBLIC PARTICIPATION AND WATER USE RIGHTS

Directory of Open Access Journals (Sweden)

Phillipa King

2015-11-01

Full Text Available The conservation and protection of water resources is paramount in the safeguarding of environmental rights and the attainment of sustainable development in South Africa. Although the National Water Act 36 of 1998 (the NWA seeks to provide a framework for ensuring the sustainable use of water resources, its application has been hindered by capacity and enforcement constraints, a legacy of water pollution (primarily as a result of mining and industrial activities, and poor resource management. To aggravate this situation, the difficulties in effectively implementing the NWA are exacerbated by inadequate public participation in water use licensing processes. Public participation in environmental decision-making has increasingly received recognition for its role in ensuring administrative justice and the protection of environmental rights. While environmental legislation (in many cases sets out procedures for ensuring that public views are taken into account in environmental decision-making processes, the judiciary has also recognised the pivotal role of public engagement in ensuring administrative justice where environmental rights are at stake. Sound public participation practices play an important role in identifying issues requiring consideration in the context of environmental assessment processes, as well as in ensuring that communities are empowered to monitor, identify and report on potential contraventions of environmental legislation. Water is a vital natural resource which is under significant pressure in South Africa. In the circumstances, effective public participation is crucial to ensuring the protection and equitable use of water resources. It follows that provision for comprehensive public engagement in water use licensing processes is integral to ensuring the sustainable management of water resources. While provision is made in the NWA for public engagement in the context of water use licensing processes, such participation is

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.

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.

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...

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...

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...

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.

40 CFR 35.1605-1 - The Act.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 1 2010-07-01 2010-07-01 false The Act. 35.1605-1 Section 35.1605-1 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE STATE AND LOCAL... The Act. The Clean Water Act, as amended (33 U.S.C. 1251 et seq.). ...

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…

Air traffic security act unconstitutional

International Nuclear Information System (INIS)

Heller, W.

2006-01-01

In the interest of more effective protective measures against terrorist attacks, the German federal parliament inter alia added a clause to the Air Traffic Security Act (Sec. 14, Para. 3, Air Traffic Security Act) empowering the armed forces to shoot down aircraft to be used as a weapon against human lives. In Germany, this defense possibility has been discussed also in connection with deliberate crashes of hijacked aircraft on nuclear power plants. The 1 st Division of the German Federal Constitutional Court, in its decision of February 15, 2006, ruled that Sec. 14, Para. 3, Air Traffic Security Act was incompatible with the Basic Law and thus was null and void (file No. 1 BvR 357/05) for two reasons: - There was no legislative authority on the part of the federal government. - The provision was incompatible with the basic right of life and the guarantee of human dignity as enshrined in the Basic Law. (orig.)

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).

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...

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.

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...

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

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.

DATABASES AND THE SUI-GENERIS RIGHT – PROTECTION 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.

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...

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.

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

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

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)

The Globalisation of (Educational) Language rights

Science.gov (United States)

Skutnabb-Kangas, Tove

2001-07-01

Languages are today being murdered faster than ever before in human history: 90% of the world's oral languages may be dead or moribund (no longer learned by children) in a hundred years' time. The media and the educational systems are the most important direct agents in language murder. Behind them are the real culprits, the global economic, military and political systems. Linguistic human rights might be one way of promoting conflict prevention and self-determination, preventing linguistic genocide, and maintaining linguistic diversity and biodiversity (which are correlationally and also causally related). The most basic linguistic human rights for maintenance of linguistic diversity, specifically the right to mother tongue medium education, are not protected by the present provisions in human rights law. Linguistically, formal education is today often 'forcibly transferring children of one group to another group' (one of the definitions of genocide in the UN Genocide Convention). Human rights are supposed to act as correctives to the 'free market'. Despite good intentions, forces behind economic globalisation have instead given brutal market forces free range.

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.

Act No. 71 of 1987, 27 July 1987. [Excerpts].

Science.gov (United States)

1987-01-01

This document reproduces certain provisions of the 1987 Act promulgating the Labour Code of Iraq. Provisions from the first part of the Act set forth its basic principles, which include guaranteeing the right to work to all citizens able to work; protection from discrimination on the basis of sex, race, language, or religion; the right to earn a wage adequate to meet the essential needs of the worker and the worker's family; and the right to have wages based on the promise of equal pay for equal work. An additional basic principle extends the rights promulgated in this Code to Arab workers employed in Iraq. The first chapter of part 6 of the Act also extends certain protections to women workers. Thus, the Code prohibits assigning additional work to pregnant women if that work is likely to endanger their health or the health of their fetus. The Code entitles every woman to 62 days of maternity leave at full pay that may commence 30 days before the projected date of birth. In specific cases, this paid leave may be extended for up to 9 months postpartum, but the additional leave is unpaid. Women on maternity leave are not allowed to engage in remunerative work or any activities likely to endanger their health. Employers may grant unpaid maternity leave of up to a year to allow women to care for infants. Mothers are granted up to 1 hour (counted as 1 hour worked) during working hours to breast feed their babies. Mothers of children under 6 years old may be absent from work without pay for up to 3 days to care for sick children. These provisions are not applicable for women employed in a family enterprise where only family members work and the woman is supervised by her husband, father, mother, or brother.

Tenth act amending the German atomic energy act

International Nuclear Information System (INIS)

Heller, W.

2009-01-01

On January 14, 2009, the German federal government introduced into parliament the 10th Act Amending the Atomic Energy Act. In the first reading in the federal parliament, Federal Minister for the Environment Gabriel emphasized 2 main points: Intensified protection of nuclear facilities and of transports of radioactive substances against unauthorized interventions; transfer by law to the Federal Office for Radiological Protection (BfS) of decommissioning of the Asse mine. Reliability review: The amendment to Sec.12 b of the Atomic Energy Act is to meet the different safety and security conditions after the terrorist attacks on September 11, 2001 in the United States and other terrorist activities afterwards (London, Madrid) also with respect to hazards arising to nuclear facilities and nuclear transports. The bill must be seen in conjunction with the Ordinance on Reliability Reviews under the Atomic Energy Act dated July 1, 1999 which covers reviews of reliability of persons holding special responsibilities. Asse II mine: The competence of the Federal Office for Radiological Protection is achieved by an amendment to Sec.23, Para.1, Number 2, Atomic Energy Act, in which the words ''and for the Asse II mine'' are added after the word ''waste.'' Further proceedings depend on the additional provision in a new Sec.57 b, Atomic Energy Act. Accordingly, the operation and decommissioning of the Asse II mine are subject to the regulations applicable to facilities of the federation pursuant to Sec.9a, Para.3. In this way, Asse II is given the same legal status as the federal waste management facilities. Moreover, it is stipulated that the mine is to be shut down immediately. (orig.)

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.

Act No. 18.802, of 23 May 1989, [amending the Civil Code and the Commercial Code and Act 16.618].

Science.gov (United States)

1989-01-01

In 1989, Chile passed an Act which amended its Civil Code to change the legal status of married women. The amendments repealed the following provisions: 1) that a nondivorced married woman must keep her husband's domicile, 2) that a woman with parental authority cannot remarry unless a court appoints a guardian for the child, 3) that marital authority gives a husband legal rights over a wife's person and property, 4) that a wife need her husband's permission to enter into financial transactions or act as a guardian, 5) that a wife needs a court order or her husband's authorization to administer gifts or inheritances she received under condition that her husband not have administrative power over them, 6) that a wife's adultery results in loss of all control and profit from communal property, 7) that a wife needs her husband's permission to administer an estate or the approval of a judge to continue to administer her late husband's estate if she remarried, 8) that a married woman has diminished legal capacity, and 9) that a husband is responsible for the conduct of his wife. In addition, the Act replaced language stating that a wife owes her husband obedience and a husband owes a wife protection with language stating that each spouse owes each other respect and protection. Wives are given the unrestricted right to work, the right (shared with husbands) to discipline and educate children, the right (shared with husbands) to support after divorce regardless of fault, the right to parental authority, and the right to manage their children's property. Wives no longer have to live wherever their husbands choose. In cases of divorce, a judge will order irrevocable separation of community property and give physical custody of all minor children (boys and girls) to the wife. The position of surviving spouses in regard to inheritance is improved. Real estate brought to a marriage by a wife or received by either spouse as a gift or inheritance is no longer considered

Disclosure of computerized health care information: provider privacy rights under supply side competition.

Science.gov (United States)

Watson, B L

1981-01-01

This Article explores the constitutional, statutory and common law privacy rights of physicians given the inescapable role of delivery data under supply side competition. The Article begins with a general review of the federal constitutional right of privacy. It then discusses the statutory protection given to physician-specific data under current federal law, and considers the insights gained from the controversy over physician data and the federal Freedom of Information Act. The remainder of the Article analyzes the usefulness of several common law causes of action to remedy the misuse of physician data, and concludes with recommendations which may obviate the need for litigation to protect against misuse of physician-specific data.

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...

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

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

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...

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....

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.

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.

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.

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.

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...

28 CFR 33.52 - Civil rights.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 33.52 Section 33.52... Block Grants Additional Requirements § 33.52 Civil rights. The Justice Assistance Act provides that “no... the provisions of title VI of the Civil Rights Act of 1964; section 504 of the Rehabilitation Act of...

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,…

28 CFR 65.52 - Civil rights.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Civil rights. 65.52 Section 65.52... Additional Requirements § 65.52 Civil rights. The Act provides that “no person in any state shall on the... funds under the Act are also subject to the provisions of title VI of the Civil Rights Act of 1964...

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 ...

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.

Atomic Act amended

International Nuclear Information System (INIS)

Drabova, D.

2002-01-01

In the paper by the chairwoman of the Czech nuclear regulatory authority, the history of Czech nuclear legislation is outlined, the reasons for the amendment of the Atomic Act (Act No. 18/1997) are explained, and the amendments themselves are highlighted. The Act No. 13/2002 of 18 December 2001 is reproduced from the official Collection of Acts of the Czech Republic in the facsimile form. The following acts were thereby amended: Atomic Act No. 18/1997, Metrology Act No. 505/1990, Public Health Protection Act No. 258/2000, and Act No. 2/1969 on the Establishment of Ministries and Other Governmental Agencies of the Czech Republic. (P.A.)

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.

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...

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

7 CFR 33.1 - Act.

Science.gov (United States)

2010-01-01

... Department of Agriculture AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices... AUTHORITY OF THE EXPORT APPLE ACT Definitions § 33.1 Act. Act and Export Apple Act are synonymous and mean “An act to promote the foreign trade of the United States in apples to protect the reputation of...

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.

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.

Seventeen-Year Nationwide Trends in Use of Long-acting Bronchodilators and Inhaled Corticosteroids among Adults

DEFF Research Database (Denmark)

Reilev, Mette; Pottegård, Anton; Davidsen, Jesper Rømhild

2018-01-01

, the total annual amount of prescribed long-acting bronchodilators and ICS increased by 39%. Similarly, the proportion of adult users increased from 2.6% to 4.5%, mainly driven by the introduction of combination therapy and long-acting muscarinic antagonist (LAMA). Though the rate of new users of fixed......-acting bronchodilators and ICS over time, mainly driven by the introduction of combination drugs and LAMA. Special attention should be paid to the low level of persistence, especially among young individuals and users of ICS. This article is protected by copyright. All rights reserved....

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.

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...

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.

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.

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…

Animal rights and animal experimentation. Implications for physicians.

Science.gov (United States)

Gelpi, A. P.

1991-01-01

Practicing physicians are just becoming aware of the animal rights movement, which during the 1980s spawned numerous acts of violence against research facilities throughout the United States. The animal rightists are challenging physicians to show moral justification for the human exploitation of nature and the world of subhuman species. They have aroused public interest in animal welfare, sparked protective legislation for experimental animals, and indirectly encouraged the creation of committees to oversee the conduct of animal experimentation and the conditions of animal confinement. This controversy has necessitated a closer look at the questions of animal experimentation and animal rights against the backdrop of human experimentation and human rights. Physicians and specialists in animal care seek to alleviate suffering and anxiety, and, as moderates, they may be able to bring both sides of the animal rights controversy together in a spirit of mutual tolerance and in the common cause of promoting both human and animal welfare. PMID:1949772

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.

The Citizen's Right to Effective Information

DEFF Research Database (Denmark)

Gøtze, Michael

Right to information, Charter of Fundamental Rights, European Citizenship, effevtice protection of EU rights......Right to information, Charter of Fundamental Rights, European Citizenship, effevtice protection of EU rights...

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.

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.

Is the State of Indonesia In Charge to Provide Law Protection to the Indonesian Migrant Workers ?

Science.gov (United States)

Rahayu, D.

2018-01-01

Right to work is assured in the regulation of 1945 Constitution (amendment) Article 28 D Clause (2) mandating that every person deserves to work and in return they get wages, fair and proper treatment in the relation of employment. Working as migrant worker is accessible job opportunity, especially to people who have low education and skill with promising income. Many case facedto the migrant worker. It is necessary to analyze how the state’s position in providing protection to its citizens experiencing problems overseas. Country has the right to protect its citizens overseas and to intervene diplomatically. It cannot provide direct protection because if there is a criminal act committed by Migrant Worker of Indonesia, then the applicable law is the law of country where the Migrant Worker works. The actual protection is to make bilateral agreements with the destination country. Law No 39 Year 2004. Article 77 regulates the right to obtain protection from pre-placement, placement period to post-placement. Employment or the right to work is one of human rights that is the right to social freedom, namely the right to meet the basic needs. Regarding the legal protection for women migrant workers, the relevant human rights theory used is the natural rights theory because the right to work in this case is the right that every human being possesses

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.

Air traffic security act unconstitutional; Luftsicherheitsgesetz verfassungswidrig

Energy Technology Data Exchange (ETDEWEB)

Heller, W.

2006-05-15

In the interest of more effective protective measures against terrorist attacks, the German federal parliament inter alia added a clause to the Air Traffic Security Act (Sec. 14, Para. 3, Air Traffic Security Act) empowering the armed forces to shoot down aircraft to be used as a weapon against human lives. In Germany, this defense possibility has been discussed also in connection with deliberate crashes of hijacked aircraft on nuclear power plants. The 1{sup st} Division of the German Federal Constitutional Court, in its decision of February 15, 2006, ruled that Sec. 14, Para. 3, Air Traffic Security Act was incompatible with the Basic Law and thus was null and void (file No. 1 BvR 357/05) for two reasons: - There was no legislative authority on the part of the federal government. - The provision was incompatible with the basic right of life and the guarantee of human dignity as enshrined in the Basic Law. (orig.)

Participation of the public in licensing procedures under the Atomic Energy Act and the Federal Emission Control Act

International Nuclear Information System (INIS)

Hett, F.T.

1994-01-01

Section 7 of the Atomic Energy Act (AtG), section 4 of the Federal Emission Control Act (BImSchG), the Nuclear Installations Licensing Ordinance (AtVfV), and the Ninth Ordinance on the Implementation of the BImSchG (Principles of the licensing procedure) require participation of the public in the procedure before administrative provisions or decisions are issued. The book presents the legally prescribed steps at which participation of the public is mandatory, for the simple case (only one license on the agenda), and for the multi-stage licensing procedure: preliminary negotiations / filling of applications for a license and filing of documents / public announcement of projects / access to files / objections / preclusion of delayed objections / public hearing and other expert discussions / termination of procedure, decision-making by the authorities / decisions on subdivision of procedure into defined stages / modification of the procedure. The analysis of the functions of participation of the public examines the following goals: information / representation of interests / reconciliation of interests / legitimation / control / protection of rights / support. Finally, the book explains the principles of the Constitution demanding participation of the public: human dignity / democracy / rule of law / anticipated effects of the right to have recourse to the courts / civil rights. (orig./HP) [de

Rand, Rothbard, and Rights Reconsidered

Directory of Open Access Journals (Sweden)

Kathleen Touchstone

2010-07-01

Full Text Available This paper examines rights and the protection of rights from both the minarchist and the anarchist perspectives. The former relies on Objectivist (and Neo-Objectivist perspectives and the latter relies primarily on Murray Rothbard’s views. My view is that government protection as put forth by Objectivists is coercive, as are all methods of financing. However, under anarcho-capitalism, children (and those with diminished capacity who have been killed or abused by their caregivers do not have equal (or any protection under the law. The principle of equal protection is one with which both Objectivists and Rothbard agree. A case is made for government protection of rights under those circumstances. In addition, a case is made for positive rights to parental care for children, and also for government protection of those rights if they have been violated by their caregivers. I also argue for government oversight in instances when the rights of children (and those with diminished capacity have been violated and as a consequence the children (and those with diminished capacity have no alternative means of care.

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…

Bulgaria: act on the safe use of nuclear energy (as last amended on 29 december 2002)

International Nuclear Information System (INIS)

2003-01-01

This issue concerns the act on the Safe use of nuclear energy (as last amended on 29 december 2002) in Bulgaria. This act covers the activities associated with the State regulation of the Safe use of nuclear energy and ionizing radiations and with the safety of radioactive waste management and spent fuel management. it specifies the rights and duties of licenses in conducting those activities, to ensure nuclear safety and radiation protection. (N.C.)

ANALYSIS OF THE NEW LEGAL ACTS ON MOBBING PROTECTION OF THE EMPLOYEES IN THE REPUBLIC OF MACEDONIA

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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

40 CFR 255.31 - Integration with other acts.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 24 2010-07-01 2010-07-01 false Integration with other acts. 255.31 Section 255.31 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) SOLID WASTES... Relationship to Other Programs § 255.31 Integration with other acts. The Governor shall integrate the...

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

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...

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

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

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...

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

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

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

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.

Big Brother’s Little Helpers: The Right to Privacy and the Responsibility of Internet Service Providers

Directory of Open Access Journals (Sweden)

Yael Ronen

2015-02-01

Full Text Available Following the 2013 revelations on the extent of intelligence gathering through internet service providers, this article concerns the responsibility of internet service providers (ISPs involved in disclosure of personal data to government authorities under the right to privacy, by reference to the developing, non-binding standards applied to businesses under the Protect, Respect and Remedy Framework. The article examines the manner in which the Framework applies to ISPs and looks at measures that ISPs can take to fulfil their responsibility to respect the right to privacy. It utilizes the challenges to the right to privacy to discuss some aspects of the extension of human rights responsibilities to corporations. These include the respective roles of government and non-state actors, the extent to which corporations may be required to act proactively in order to protect the privacy of clients, and the relevance of transnational activity.

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…

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

International Nuclear Information System (INIS)

Mutius, A. von.

1984-01-01

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

75 FR 13471 - Telephone Consumer Protection

Science.gov (United States)

2010-03-22

... Consumer Protection Act (TCPA) that would harmonize those rules with the Federal Trade Commission's (FTC's... Consumer Protection Act (TCPA) that would harmonize those rules with the Federal Trade Commission's (FTC's...] Telephone Consumer Protection AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: In...

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

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

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…

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.

Renegotiating property rights in the Florida golden crab fishery

Directory of Open Access Journals (Sweden)

Scott Crosson

2013-08-01

Full Text Available The golden crab (Chaceon fenneri supports a small, economically healthy fishery in south Florida. Crabbers in the fishery have successfully protected themselves against larger outside fishing interests in the past, and management has been stable for over fifteen years.  Why, then, did a portion of the fleet propose shifting to individual transferable quotas (ITQs?  Our findings suggest that proponents sought ITQ management because they believed it would further limit the ability of other crabbers to enter the fishery and act as a mechanism to legally preserve the informal and formal property rights that they have previously negotiated among themselves. Opponents believed that a shift to an ITQ regime would destroy those same property rights.  We explore the implications of these findings to a broader understanding of property rights and natural resource management institutions, noting that the currently existing system closely resembles a territorial use rights fishery (TURF.

Positive rights, negative rights and health care.

Science.gov (United States)

Bradley, Andrew

2010-12-01

In the current debate about healthcare reform in the USA, advocates for government-ensured universal coverage assume that health care is a right. Although this position is politically popular, it is sometimes challenged by a restricted view of rights popular with libertarians and individualists. The restricted view of rights only accepts 'negative' rights as legitimate rights. Negative rights, the argument goes, place no obligations on you to provide goods to other people and thus respect your right to keep the fruits of your labour. A classic enumeration of negative rights includes life, liberty, and the pursuit of happiness. Positive rights, by contrast, obligate you either to provide goods to others, or pay taxes that are used for redistributive purposes. Health care falls into the category of positive rights since its provision by the government requires taxation and therefore redistribution. Therefore, the libertarian or individualist might argue that health care cannot be a true right. This paper rejects the distinction between positive and negative rights. In fact, the protection of both positive and negative rights can place obligations on others. Furthermore, because of its role in helping protect equality of opportunity, health care can be tied to the rights to life, liberty, and the pursuit of happiness. There is, therefore, good reason to believe that health care is a human right and that universal access should be guaranteed. The practical application, by governments and non-governmental organisations, of several of the arguments presented in this paper is also discussed.

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

20 CFR 661.410 - What provisions of WIA and the Wagner-Peyser Act may be waived, and what provisions may not be...

Science.gov (United States)

2010-04-01

...) Worker rights; (4) Participation and protection of workers and participants; (5) Grievance procedures and... essential to the key reform principles embodied in the Workforce Investment Act, described in § 661.400...

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.

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.

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

A human rights approach to advocacy for people with dementia: A review of current provision in England and Wales.

Science.gov (United States)

Dixon, Jeremy; Laing, Judy; Valentine, Christine

2018-01-01

In this article, we review current advocacy services for people with dementia in England and Wales (provided, respectively, under the Mental Capacity Act 2005 , the Mental Health Act 1983 /2007 and the Care Act 2014) through the lens of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). We examine what a human rights' approach to advocacy support would entail, and whether current frameworks in England and Wales are adequate for this approach and provide a sufficient safeguard. First, we consider how the human rights of persons with dementia have become increasingly important and the extent to which the CRPD provides an opportunity to bolster safeguards and protection. Second, we discuss cause and case advocacy, and how these advocacy models could be shaped by the CRPD to promote the rights of persons with dementia at each stage of the disease. Third, we highlight current dilemmas and challenges in the provision of advocacy support in England and Wales by focusing on case law, commissioning of services and current practice. In particular, we analyse how the different legislative schemes have given rise to some confusion about the various advocacy provisions, as well as potential for overlap and discrepancies between different regimes. We also highlight the need for further research to address important gaps in knowledge, including the scale of need, patterns of referral and attitudes to advocacy services. The article concludes by highlighting how advocacy support could be recalibrated as a universal right to promote the aims and aspirations of the CRPD, and how education is needed to address the stigma of dementia and promote the benefits of advocacy in protecting the rights of those with dementia.

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...

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.

19 CFR 147.23 - Compliance with Plant Quarantine Act and Federal Food, Drug, and Cosmetic Act.

Science.gov (United States)

2010-04-01

... Food, Drug, and Cosmetic Act. 147.23 Section 147.23 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION... Laws § 147.23 Compliance with Plant Quarantine Act and Federal Food, Drug, and Cosmetic Act. (a) Plant... the plant quarantine regulations. (b) Federal Food, Drug, and Cosmetic Act. The entry of food products...

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

African Journals Online (AJOL)

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

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

NARCIS (Netherlands)

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

2009-01-01

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

Protecting the unprotected: mixed-method research on drug use, sex work and rights in Pakistan's fight against HIV/AIDS.

Science.gov (United States)

Mayhew, S; Collumbien, M; Qureshi, A; Platt, L; Rafiq, N; Faisel, A; Lalji, N; Hawkes, S

2009-04-01

To investigate the nature and extent of human rights abuses against three vulnerable groups (injecting drug users (IDUs) and male and female sex workers), to understand the social and sexual linkages between them and to examine how protecting their rights could enhance the impact of HIV prevention policies. In-depth interviews were carried out with 38 high-risk respondents (IDUs and female, male and transgender sex workers) and a bio-behavioural survey was performed of 813 IDU/sex worker respondents in Rawalpindi. People in all vulnerable groups interacted both sexually and socially. All groups experienced human rights abuses by state and non-state actors which increased their HIV risk. Non-state actors, including relations and sex worker clients, are responsible for verbal, physical and sexual violence. State actors (particularly police) perpetrate harassment, exploitation and abuse of all vulnerable groups with impunity. Health service providers fail to provide adequate services for vulnerable groups. High levels of discrimination and abuse of human dignity of all groups studied were revealed. This violates their physical and mental integrity and also leads to an increased risk of HIV. The sexual and social interactions between groups mean that human rights abuses experienced by one high-risk group can increase the risk of HIV both for them and other groups. The protection of human rights needs to become an integral part of a multisector response to the risk of HIV/AIDS by state and non-state agencies. The Government of Pakistan should work at both legal and programme levels to protect the rights of, and minimise discrimination against, groups vulnerable to HIV in order to reduce the potential for the spread of HIV before the epidemic takes hold.

The role of a Works Council in implementing radiation protection

International Nuclear Information System (INIS)

Eigenwillig, G.G.; Zinke, E.

2005-01-01

In Germany, a works council has the right of co-determination concerning the concrete forms of occupational health and safety in the company according to the Labour-Management Relations Act. In practice coordination is needed between radiation protection and occupational health and safety. This makes a qualified cooperation between workers council, employer and other parties in the company necessary. (orig.)

The right to life

Directory of Open Access Journals (Sweden)

Dr.Sc. Stavri Sinjari

2013-06-01

Full Text Available The right to life constitutes one of the main human rights and freedoms, foreseen by article 21 of the Albanian Constitution and article 2 of European Human Rights Convention. No democratic or totalitarian society can function without guarantees and protection of the human right to life We intend to address these issues on our article: What is life. What we legally understand with life. When the life starts and finish. How this right has evolved. Which is the state interest on protecting the life. Should we consider that the life is the same for all. Should the state interfere at any cost to protect the life. Is there any criminal charge for responsible persons to the violation of this right. Is this issue treated by European Human Rights Court. What are the Albanian legal provisions on protection of this right. This research is performed mainly according to a comparative and analytical methodology. Comperative analysis will be present almost throughout the paper. Treatment of issues of this research will be achieved through a system comparable with international standards in particular and the most advanced legislation in this area. At the same time, this research is conducted by analytical and statistical data processing. We believe that our research will make a modest contribution, not only to the legal literature, but also to criminal policy makers, law makers, lawyers and attorneys.

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

Issues of biomedically assisted fertilization before the European Court of Human Rights

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Bordaš Bernadet

2011-01-01

Full Text Available The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life.

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.

Review of the nuclear liability act

International Nuclear Information System (INIS)

1990-01-01

There has always been concern that nuclear materials have the potential to cause injury and property damage. For this reason, nuclear operators have always been required by national regulatory authorities to exercise special precautions in the operation of their facilities. Federal legislation was drafted in Canada as the Nuclear Liability Act in 1970. The Act ensures that funds are available from all operators of nuclear facilities to provide financial compensation to third parties for injuries or damages suffered as a result of a nuclear incident; at the same time the Act provides protection to the operators by limiting their related liability. The Act also protects persons other than operators. The review of the Act has progressed in stages. The first stage was conducted by the staff of the Atomic Energy Control Board and catalogued previously identified difficulties with the Act. The second stage was a preliminary examination of the Act by an Interdepartmental Working Group. 2 figs

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...

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.

HUMAN RIGHTS AND NIGERIAN PRISONERS--ARE PRISONERS NOT HUMANS?

Science.gov (United States)

Joshua, I A; Dangata, Y Y; Audu, O; Nmadu, A G; Omole, N V

2014-12-01

In Nigeria, just like in many other parts of the world, one of the most extensively discussed issues on the public agenda today is the increase in prison population. The aims of imprisonment are protection, retribution, deterrence, reformation and vindication. Investigations revealed that the prison services have been,neglected more than any other criminal justice agency in Nigeria. For example, most of the prisons were built during the colonial era for the purpose of accommodating a small number of inmates. Human Rights are the basic guarantees for human beings to be able to achieve happiness and self-respect; consequently, in most jurisdictions, the Human Rights Act confirms that these Rights do not stop at the prison gates. However, most States fail to meet the Human Rights obligations of their prisoners. As regards to health, for example, every prison should have proper health facilities and medical staff to provide dental and psychiatric care among others. This article discusses the Nigerian Prison System and challenges, trends and the related Human Rights and Ethical issues in Nigerian prisons. Some of the unmet needs of Nigerian prisoners which include, inter alia, living in unwholesome cells, delayed trial of inmates, lack of voting rights, access to information, lack of conjugal facilities for married prisoners, poor and inadequate nutrition, poor medical care, torture, inhumane treatment and the need to protect prisoners in a changing world. The present report has policy implications for reforming prison services in Nigeria, and countries that sing from the same song sheet with Nigeria on prison services, to conform to the Fundamental Human Rights of prisoners in the 21St century.

Supporting and Protecting the Victims of Crime and the European Union. Some General Considerations

Directory of Open Access Journals (Sweden)

Ioana-Minodora Rusu

2016-08-01

Full Text Available In the present paper there were examined, the general provisions of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime and replacing the Framework Decision 2001/220/JHA. The paper continues other studies relating to international judicial cooperation in criminal matters, published in national or international journals or conference proceedings. Developed in a modern way that allows understanding the terms used by the European legislator and the described objectives, the paper can be useful to academics, practitioners or European legislator in terms of changing and supplementing this legislative act. The innovations consist in the brief examination, in the critical opinions and in formulating de lege ferenda, by which we propose a single act regulating the rights, supporting and protecting victims of crime by amending and completion of the examined document.

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.

The Family Smoking Prevention and Tobacco Control Act and the First Amendment: why a substantial interest in protecting public health won't save some new restrictions on tobacco advertising.

Science.gov (United States)

Stoll, Elaine

2010-01-01

Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009 with the aim of reducing tobacco-related illnesses and deaths by curbing tobacco's appeal to and use by children and adolescents. Legislators considered provisions of the FSPTCA restricting tobacco advertising and labeling key to realizing the law's intended health benefits. But a lawsuit now before the U.S. Court of Appeals for the Sixth Circuit challenges the tobacco marketing restrictions as impermissible restraints on tobacco companies' commercial speech rights under the First Amendment. This article analyzes the constitutionality of each FSPTCA tobacco advertising and labeling restriction in light of U.S. Supreme Court decisions defining the extent of First Amendment protection for commercial speech, prior efforts to restrict tobacco marketing, and the outcomes of legal challenges to some of the prior marketing restrictions. Several of the FSPTCA tobacco advertising and labeling restrictions were drafted with insufficient accommodations for tobacco companies' First Amendment right to convey and consumers' First Amendment right to receive truthful information about lawful tobacco products and are therefore unconstitutional as currently written.

Scientific-methodological approaches to designing risk-oriented model of control and surveillance activities in the sphere of consumer rights protection

Directory of Open Access Journals (Sweden)

N.V. Zaitseva

2017-06-01

Full Text Available We present scientific-methodological approaches to defining risk categories of economic entities which are subject to surveillance in the sphere of consumer rights protection. Risk is suggested to be assessed as a product of violations frequency comprising violations of separate provisions of the law on consumer rights protection detected in the course of scheduled and unscheduled inspections; a number of claims per one detected violation which were satisfied by courts in favor of consumers; each separate case of harm accepted by court in money terms (as a sum of physical and moral damage to health and damage to property; and coefficient of a potential impact scope which differentiates risks for economic entities belonging to micro-, small, medium-sized and large business. Our information sources are official statistic data obtained due to realization of state control in the sphere of consumer rights protection and court practice collected in all the RF regions over 2012–2016. It is shown that a share of economic entities with extremely high risk potential which can cause total material damage to consumers in sums greater than 10 million rubles per year amounts to about 0.15 % of the total number of economic entities (both juridical persons and private entrepreneurs; economic entities with high risk potential account for about 2 %. Such groups are made of companies involved in financial markets, share construction services, insurance and tourism. About 23 % of juridical persons and private entrepreneurs can be classified as having low risk potential and they can be excluded from scheduled inspections. Economic entities structure in general corresponds to world practices. It is shown that risk-oriented surveillance model development requires improvements in keeping registers of juridical persons and private entrepreneurs as such registers should contain comprehensive information; it is necessary for correct risk category (or hazard category

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.

Vulnerability and the Right to Respect for Private Life as an Autonomous Source of Protection against Expulsion under Article 8 ECHR

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Sylvie Da Lomba

2017-12-01

Full Text Available This paper focuses on settled migrants and calls for the construction of the right to respect for private life as an autonomous source of protection against expulsion under Article 8 ECHR. I contend that, as a core part of human existence, private life warrants meaningful protection. I posit that the fact that all settled migrants have established private life in the host State brings it to the fore of Article 8 expulsion cases. This argument finds strong support in the concept of belonging and transnational migration theory; both tell us that settled migrants’ host State has become their ‘own country’. Drawing on earlier work, I reclaim vulnerability as a foundation and tool of International Human Rights Law with a view to recognising migrants within the jurisdiction of ECHR States as fully-fledged ECHR subjects and making the European Court of Human Rights responsive to their vulnerability. I make the case for absolute protection against expulsion for second (and subsequent-generation migrants and settled migrants who have spent most of their adult life in the host State. In respect of other settled migrants, I argue that the minimum protection standard should be that expulsion is only justifiable in exceptional circumstances.

New radiation protection legislation in Sweden

International Nuclear Information System (INIS)

Jender, M.; Persson, Lars

1984-01-01

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 a single central radiation protection authority. According to the Act, the general obligations with regard to radiation protection will assign greater responsibility than in the past to persons carrying out activities involving radiation. Persons engaged in such activities will be responsible for the safe processing and storage of radioactive waste. The Act also contains rules governing decommissioning of technical equipment capable of generating radiation. The Act contains several rules providing for more effective supervision. The supervisory authority may, in particular, decide on the necessary regulations and prohibitions for each individual case. The scope for using penal provisions has been extended and a rule on the mandatory execution of orders regarding radiation protection measures has been introduced. (authors)

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.

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

International Nuclear Information System (INIS)

Wagner, H.

1979-01-01

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

Some Subjects and Relations According to the Act about Safety at Work

OpenAIRE

Marino Đ. Učur

2015-01-01

Complex relations in the field of safety at work could not be present without the subjects which have a specific status and specific rights, obligations and responsibilities regulated by the Occupational Health and Safety Act. This paper deals with: employer’s designated employee for the implementation of occupational health and safety activities, employees’ elected representative for health and safety protection at work, occupational medicine specialist, occupational health and safety sp...

Human rights

NARCIS (Netherlands)

Gaay Fortman, B. de

2006-01-01

Human rights reflect a determined effort to protect the dignity of each and every human being against abuse of power. This endeavour is as old as human history. What is relatively new is the international venture for the protection of human dignity through internationally accepted legal standards

Human and Citizen Rights Guarantees While Providing Information Security

Directory of Open Access Journals (Sweden)

Serhii Yesimov

2018-05-01

Full Text Available With the development of information and communication technologies, issues of providing information security are becoming more and more aggravated. These are crimes related to the use of electronic computers, systems and computer networks and telecommunication networks, the propaganda of separatism and extremism, etc. While providing information security in the digital environment, the role of technical and legal human rights guarantees, due to technical means of protection, is increasing. Relying on the developers of technical means of protection determines the difference between the aforesaid concepts and the traditional approach to ensuring the protection of human and citizen rights, in which responsibilities are put on information intermediaries, owners of confidential information. Technical guarantees of human rights are a necessary component of ensuring information security, but the effectiveness of the application is provided in conjunction with the legal guarantees of human rights, as evidenced by the tendency to recognize the principles of inviolability of privacy on the basis of design decisions in the law of the European Union as legal acts. Providing information security is a legitimate goal of establishing constraints of human rights, since it can be correlated with the norms of international law. The establishment of constraints of human rights is permissible in order to attain other objectives–ensuring state security, public order, health, rights and freedoms of the person in the information sphere. The legitimacy of this goal is determined by its compliance with the objectives envisaged by international agreements ratified in an established order. The article examines the impact of the use of technical means in the field of providing information security in the aspect of following the fundamental human and civil rights in Ukraine, taking into account the legislation of the European Union and the decision of the European Court

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

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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.

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.

Act No. 89-487 of 10 July 1989 relating to the prevention of the mistreatment of minors and protection of childhood.

Science.gov (United States)

1989-01-01

This Act amends the French Family and Social Aid Code to insert provisions designed to prevent the mistreatment of minors. It provides that childhood social aid services are to have the additional objectives of preventing mistreatment and collecting information on the mistreatment of minors and are to inform and sensitize the public at large, as well as concerned persons, about the conditions of mistreated minors. The Act requires the president of each local general council to establish a system for collection of information, require the collaboration of professionals and associations dealing with the protection of the family and children, and notify legal authorities when a minor has or appears to have been mistreated and it is impossible to evaluate the situation or the family refuses to cooperate. The Act also creates a free telephone service to respond at any time of the day to requests for information or advice on minors who are or appear to be mistreated and to convey to the presidents of local general councils information and recommendations about these minors. In addition, all physicians, medical and paramedical personnel, magistrates, teachers, and police are to receive initial and continuing training to allow them to respond to cases of mistreated children and take actions necessary to prevent mistreatment and protect children.

Policy and Legal Protection for Breastfeeding and Incarcerated Women in Canada.

Science.gov (United States)

Paynter, Martha Jane

2018-05-01

Most incarcerated women in Canada are mothers. Because women are the fastest growing population in carceral facilities, protecting the rights of incarcerated women to breastfeed their children is increasingly important. There is considerable evidence that incarcerated women in Canada experience poor physical and mental health, isolation, and barriers to care. Incarcerated women and their children could benefit significantly from breastfeeding. This Insight in Policy explores policy and legal protection for breastfeeding in Canada as it relates to carceral facilities, considers key cases regarding breastfeeding rights among incarcerated women, and presents recommendations for policy development and advocacy. The Canadian Constitution and human rights legislation across Canada prohibits discrimination on the basis of gender and includes pregnancy and the possibility of becoming pregnant as a characteristic of gender. Some provinces note that breastfeeding is a characteristic of gender. Women's Wellness Within, a nonprofit organization providing volunteer perinatal support to criminalized women in Nova Scotia, conducted a scan of all provincial and territorial correctional services acts and the federal Corrections and Conditional Release Act: none mention breastfeeding. Protocols for breastfeeding during arrest and lockup by police were not available in any jurisdiction across Canada. International law, including the Convention on the Rights of the Child, the Nelson Mandela Rules, and the Bangkok Rules, have application to the rights of incarcerated breastfeeding women. The Inglis v. British Columbia (Minister of Public Safety) (2013) and Hidalgo v. New Mexico Department of Corrections (2017) decisions are pivotal examples of successful litigation brought forward by incarcerated mothers to advance breastfeeding rights. Improved application and understanding of existent law could advance breastfeeding rights.

Litigation Friends or Foes? Representation of 'P' before the Court of Protection.

Science.gov (United States)

Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

2016-01-01

This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection ('P') which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. © The Author 2016. Published by Oxford University Press.