WorldWideScience

Sample records for rights transitional justice

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

    Science.gov (United States)

    Dudai, Ron

    2017-09-12

    This article offers an interpretation of transitional justice policies - the efforts of post-conflict and post-dictatorship societies to address the legacy of past abuses - as a form of social control. While transitional justice is commonly conceptualized as responding to a core problem of impunity, this article argues that such formulation is too narrow and leads to lack of coherence in the analysis of the diverse array of transitional mechanisms, which include among others trials, truth commissions, reparations for victims and apologies. Building on the work of Stanley Cohen, the article contends that the core transitional problem is the denial of human rights violations, and consequently that the common purpose of all transitional justice mechanisms is to reclassify the past: redefining as deviant some acts and individuals which prior to the transition were considered 'normal'. The article identifies and analyses three themes in the application of a social control framework to transitional justice: (1) truth, memory and retroactive social control, pertains to the way truth-seeking transitional justice mechanisms reclassify past events by engaging in social control of and through memory; (2) censure, celebration and transitional social control refers to the reclassification of categories of individuals through expressions of both social disapproval and praise; and (3) civil society and social control from below concerns the role of social movements, organizations and groups as informal agents of social control during transitions. The concluding section recaps and briefly explores the concept of 'good moral panic' in the context of political transitions. While the concept of social control tends to have negative connotations for critical sociologists, this work suggests that efforts to categorize, punish and disapprove certain behaviours as deviant may not only be viewed as supporting a conservative status-quo, but also as promoting fledging human rights norms. Â

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

    Directory of Open Access Journals (Sweden)

    Lisa J. Laplante, University of Connecticut-School of Law, Estados Unidos

    2012-11-01

    Full Text Available Abstract: This Article responds to an apparent gap in the scholarly literature which fails to merge the fields of human rights law and international criminal law—a step that would resolve the current debate as to whether any amnesty in transitional justice settings is lawful. More specifically, even though both fields are a subset of transitional justice in general, the discipline of international criminal law still supports the theory of “qualified amnesties” in transitional justice schemes, while international human rights law now stands for the proposition that no amnesty is lawful in those settings. This Article brings attention to this new development through a discussion of the Barrios Altos case. This Article seeks to reveal how an international human rights decision can dramatically impact state practice, thus also contributing to a pending question in international human rights law as to whether such jurisprudence is effective in increasing human rights protections. The Article concludes by looking at the implications of this new legal development in regard to amnesties in order to encourage future research regarding the role of criminal justice in transitional justice schemes. Keywords: Amnesty in the Americas. Transitional Justice. Human Rights Violations

  3. Transitional Justice

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    This presentation builds on an earlier published article, 'Contemporary Transitional Justice: Normalising a Politics of Exception'. It argues that the field of transitional justice has undergone a shift in conceptualisation and hence practice. Transitional justice is presently understood to be th...... to be the provision of ordinary criminal justice in contexts of exceptional political transition.......This presentation builds on an earlier published article, 'Contemporary Transitional Justice: Normalising a Politics of Exception'. It argues that the field of transitional justice has undergone a shift in conceptualisation and hence practice. Transitional justice is presently understood...

  4. Transitional Justice as Elite Justice? Compromise Justice and Transition in Tunisia

    NARCIS (Netherlands)

    Lamont, Christopher; Pannwitz, Hannah

    2016-01-01

    This article reflects upon the ways in which transitional justice debates and processes impacted Tunisia's transition. It explores key questions such as what demands for justice emerged in the aftermath of the Tunisian revolution? Did Tunisia's transitional justice process reflect these demands?

  5. Corporate accountability and transitional justice

    Directory of Open Access Journals (Sweden)

    Sabine Michalowski

    2015-10-01

    Full Text Available Traditionally, transitional justice processes do not address the role of corporations in dictatorships or in armed conflicts that give rise to the need for dealing with grave and systematic human rights violations. However, there is a growing awareness that in many contexts corporations contribute to these violations, often in the form of corporate complicity with the principal violators. An argument can therefore be made that to achieve the aims of transitional justice and establish a holistic narrative of the past as well as obtain justice and reparations for victims requires investigating and addressing the role of corporate actors. This article uses the example of Colombia’s Justice and Peace process to show some of the complexities, opportunities and challenges that arise if transitional justice measures focus primarily on criminal law and create a specific legal framework, outside of the ordinary justice systems, only for a limited group of primary perpetrators, in the Colombian case for members of the armed groups who demobilised. It is argued that the exclusion of corporate actors in contexts where their role is regarded as significant leads to victims seeking alternatives ways to obtain justice and that both victims and corporations would benefit if transitional justice mechanisms addressed the role of corporations.

  6. Contemporary Transitional Justice

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    2017-01-01

    This article studies the contemporary expression of transitional justice, a field of practice through which global governance is exercised. It argues that transitional justice is being normalised, given the normative and empirical de-legitimisation of its premise of exceptionalism. The article...... theorises exceptionalism and normalcy in transitional justice and identifies three macro-level causes of normalisation: the legalisation, internationalisation, and professionalization of the field. This argument is illustrated by a study of Uganda’s trajectory of transitional justice since 1986. Across five...... phases of transitional justice, processes of legalisation, internationalisation, and professionalization have contributed to the gradual dismantling of the country’s exceptional justice. The case demonstrates, further, that normalization is a contested and incomplete process....

  7. „FRAMES OF TRANSITIONAL JUSTICE: SOME APPLICATION IN INTERGENERATIONAL JUSTICE AND RETROACTIVITY”

    Directory of Open Access Journals (Sweden)

    GABRIEL RADU

    2011-04-01

    Full Text Available The article attempts to evaluate the concept of transitional justice in the sphere of public and academical debates, in different social environments during the transition period in the recent history. The approach will include an overflight over some definitions and interpretation of that concept and an assessment of possible applications of this concept in the reparative (corrective theories during the political transition. The evaluation of operational dimension of transitional justice will focus primarily the moral grounds invoked in political and juridical debates, and will pursue some applications of the transitional justice in intergenerational justice realm and at the level of the institution of retroactivity. Also, the assessment will focus the moral core of the motivation of judicial decisions in the space of positive law debates, concerning the constitutional and normative dimension.Examination of particular aspects of the transition has raised particular interest in the public agenda of romanian political change. Reparation issues in dealing with the past had always occupied a privileged role in public debate, in social and political problems. Justification for corrective measures during transition period were presented on various occasions in different points of view, but tools and proper institutions in generating legitimate formal-political obligations were absent, threatening the strength of the the political stability. Requirements for application of a corrective, reparative justice, appeared as a consequence of subjective awareness of rights and liberties that positive law of the communist system ignored or assign them like law infrigement. An approach of such rights, with their features should be evaluated in the context of both totalitarian and democratic state. A dialogue with the past becomes more necesary and will contribute to the success of any public policy designed for any possible reparation in the future

  8. Ethical commitment to women's participation in transitional justice

    OpenAIRE

    Porter, Elisabeth

    2013-01-01

    Ethical issues of justice and human rights are central to countries emerging from conflict. Yet involving women in transitional justice processes rarely is articulated in ethical terms. To make a case for an ethical commitment to improving women’s participation in these processes, the paper begins by exploring why transitional justice strategies should bother with gender. Women and men often experience conflict and injustices differently which may require different responses to redress harms ...

  9. EUROPEAN UNION SUPPORT AND TRANSITIONAL JUSTICE PROCESSES IN KOSOVO

    Directory of Open Access Journals (Sweden)

    Remzije Istrefi

    2017-12-01

    Full Text Available The legacy of systematic human rights violations committed during 1999 violent conflict and the previous repressive rule still impact the everyday life of Kosovo citizens. That is why transitional justice processes are a necessary component in Kosovo’s state building efforts. With the end of the 1999 conflict, Kosovo has been administered by the United Nations Mission in Kosovo (UNMIK and also supported by European Union (EU presences: the EU Special Representative in Kosovo, and European Union Rule of Law Mission known as EULEX. In the course of implementation of their mandates transitional justice processes were not a priority for UNMIK and EU presences. With the signing of the Stabilization and Association Agreement (SAA the EU made transitional justice part of the Kosovo accession demands. In December 2015, the Government of Kosovo approved its National Action Plan for the Implementation of the Stabilization and Association Agreement (NAPISAA. The General Principles of the SAA, included within the NAPISAA oblige Kosovo Government to approve a National Transitional Justice Strategy. This paper analyses EU peace and institution-building support and their impact in transitional justice processes in Kosovo. Through analysing the mandate and actions on the ground it draws conclusions if EU is an active participant in transitional justice process in Kosovo or transitional justice policies are promoted by EU only as part of its enlargement strategy. Finally, the paper gives recommendations as a basis for future elaboration of an EU approach to transitional justice.

  10. Northern Ireland in Transition: The Role of Justice

    Directory of Open Access Journals (Sweden)

    Christian Mailhes

    2005-03-01

    Full Text Available All post-conflict societies switching to constitutional liberal democracies have to deal with their past through transitional justice mechanisms that offer to hear the victims, try the perpetrators of all types of abuses, introduce peace and reconciliation schemes. It is time for state and non-state organs to account for past crimes. Several countries have successfully tested such mechanisms. Northern Ireland is the ideal ground for transitional justice to operate but it dispels foreign tailor-made models. However, a number of major reforms and projects have addressed sensitive issues in the wake of the Good Friday Agreement. Two key institutions, the police and the criminal justice system, whose responsibility in the conflict was undeniable, have been reformed. Law and lawyers are concerned with these changes and the introduction of a Human Rights culture in Northern Ireland. A clear break with the past must be achieved for transitional justice mechanisms to work successfully.

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

    NARCIS (Netherlands)

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

    2010-01-01

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

  12. Special Justice for Peace: A Transitional Justice Model According to Modern Tendencies and Orientations of Law and Justice

    Directory of Open Access Journals (Sweden)

    Carlos Arturo GĂłmez Pavajeau

    2016-06-01

    Full Text Available The article analyses the constitutional implications of the peace agreement about Colombia’s armed conflict. It examines constitutional rules and international instruments about human rights, confronting the agreement with justice criteria in the national and international context, to underline the role of justice for the definitive solution of the conflict. By using the methodology of opposing concepts, it reviews the implications of formal justice and material justice, to establish the superiority of the last one and it’s relation with social justice; it analyses the differences between individual justice and global justice, to demonstrate the need to obtain an integral justice; it contrasts alternative justice and traditional justice, to propose an integrated justice; it explains that justice based upon the formal syllogism should be overcome by a justice based upon equity, to obtain a justice anchored in the Constitution, universal and concentrated in the human rights; it hypothesizes that justice supported in the atonement and retribution should be overcome by a justice that is preventive and restorative, that allows the construction of a justice focused in the future, without ignoring the past; it clarifies that justice with one jurisdiction and special justice are the components of a integrative transitional justice; it explains the presence of justice in different institutions with different functions and justice concentrated in one institution, although with different functions, because there is a search for an integrative justice; it exposes the search for a constitutional and political justice, discussing the vision of justice as a triumph of the force or the scandalous concession of benefits; it exalts that it is a justice in search of a positive discrimination, not a negative discrimination, overcoming the discussion between justice for the powerful and justice for the weak; finally, it considers that it is a justice

  13. "Show me your impact": evaluating transitional justice in contested spaces.

    Science.gov (United States)

    Duggan, Colleen

    2012-02-01

    This paper discusses some of the most significant challenges and opportunities for evaluating the effects of programs in support of transitional justice - the field that addresses how post-conflict or post authoritarian societies deal with legacies of wide spread human rights violations. The discussion is empirically grounded in a case study that assesses the efforts of the International Development Research Centre (IDRC) and one of its Guatemalan partners to evaluate the effects of a museum exposition that is attempting to recast historic memory and challenge racist attitudes in post-conflict Guatemala. The paper argues that despite the increasing trend to fund transitional justice programs, many international aid donors are stuck in traditional and arguably orthodox paradigms of program evaluation. This is having a negative effect not only upon the administration of aid but also upon how transitional justice research is perceived and valued by local populations. The case study experience indicates that there is no perfect evaluation model or approach for evaluating transitional justice programming - only choices to be made by commissioners of evaluation, evaluators, and those being evaluated. These are profoundly influenced by the extreme politics and moral values that define transitional justice settings as contested spaces in which calls to remember the tragic past must be balanced with aspirations to re-build a hopeful future. Copyright © 2010. Published by Elsevier Ltd.

  14. African Transitional Justice Research Network - Phase II | CRDI ...

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

    The African Transitional Justice Research Network (ATJRN) aims to strengthen the capacity of African researchers and civil society institutions to conduct effective human rights advocacy through the production of high-quality, locally based and targeted empirical research. Phase I of the project (102862) focused on creating ...

  15. African Transitional Justice Research Network - Phase II | IDRC ...

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

    The African Transitional Justice Research Network (ATJRN) aims to strengthen the capacity of African researchers and civil society institutions to conduct effective human rights advocacy through the production of high-quality, locally based and targeted empirical research. Phase I of the project (102862) focused on creating ...

  16. Gendering agency in transitional justice

    DEFF Research Database (Denmark)

    Björkdahl, Annika; Selimovic, Johanna Mannergren

    2015-01-01

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

  17. African Transitional Justice Research Network | IDRC - International ...

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

    ... little African-led research on the cultural appropriateness and impact of such models of transitional justice. This grant will facilitate the creation and sustainable expansion of an electronically-based research network on options and lessons learned pertaining to transitional justice. A second objective is to build the capacity ...

  18. Gender and transitional justice in Africa: Progress and prospects ...

    African Journals Online (AJOL)

    During the past few decades, different models of transitional justice (TJ) have developed throughout Africa to try to address the mass human rights abuses that have occurred during conflicts. These mechanisms, both judicial and nonjudicial, have often failed to adequately tackle the extensive gender-based violence that ...

  19. Criminal Justice Transitions

    OpenAIRE

    McAra, Lesley; McVie, Susan

    2007-01-01

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

  20. Punishment, Democracy and Transitional Justice in Argentina (1983-2015

    Directory of Open Access Journals (Sweden)

    Diego Arturo Zysman QuirĂłs

    2017-03-01

    Full Text Available Latin America has neither suffered the majority of mass atrocities in the contemporary world nor the worst of them but, after a sustained period of transition to democracy, it holds the record for the most domestic trials for human rights abuses. Argentina is an emblematic case in Latin America and the world. Due to the early development of its human rights trials, their social impact and their scale, it has a leading role in what is known as â€the justice cascade’. Until recently, leading scholars in sociology of punishment have studied the penality of â€ordinary crimes’ through causally deep and global narratives largely from the perspective of the Global North. State crimes and regional paths of transitional justice have been neglected in their accounts. This paper will question this state of affairs – or â€parallelism’ – through an exploration of the punishment of both â€common crimes’ and â€state crimes’ in Argentina, thus contributing to the growing body of scholarship on southern criminology.

  1. Democratization and Transitional Justice in Brazil

    Directory of Open Access Journals (Sweden)

    Maria Paula NASCIMENTO ARAUJO

    2016-05-01

    Full Text Available Brazil experienced a long process of political transition featured by an intense game of political and social forces, in which different actors with different democratization projects clashed. Despite the leadership of the transition process have been in the hands of conservative elites linked to the military dictatorship, broad sectors of the oposition and of the lefts, as well as representants of social movements, disputed the transitional space and expanded the initial design of the regime. This long transition —marked by negotiations, frustrations and resilience— reflected on the transitional justice model adopted by the country. Almost 30 years after the end of military dictatorship, the Truth Commission established by President Dilma Rousseff in 2012, drew attention to issues related to memory, justice and reparation and showed that the democratization process, in some respects, is still incloncluded. This article aims to restore this historical process highlighting some of its characteristics and specificities.

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

    Science.gov (United States)

    Grant, Carl A.; Gibson, Melissa Leigh

    2013-01-01

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

  3. Editors' Introduction: Justice, Rights, Literature

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2014-12-01

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

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

    DEFF Research Database (Denmark)

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

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

  5. Maltreatment, family environment, and social risk factors: Determinants of the child welfare to juvenile justice transition among maltreated children and adolescents.

    Science.gov (United States)

    Vidal, Sarah; Prince, Dana; Connell, Christian M; Caron, Colleen M; Kaufman, Joy S; Tebes, Jacob K

    2017-01-01

    This study prospectively examines the transition from the child welfare system into the juvenile justice system among 10,850 maltreated children and adolescents and explores how patterns of risks, including severity and chronicity of maltreatment, adverse family environment, and social risk factors, affect service systems transition. Almost three percent of maltreated children and adolescents had their first juvenile justice adjudication within an average of approximately six years of their initial child protective services investigation (CPS). Social risk factors, including a child's age at index CPS investigation (older), gender (boys), and race/ethnicity (Black and Hispanic) significantly predicted the risk of transition into the juvenile justice system. Recurrence of maltreatment and experiencing at least one incident of neglect over the course of the study period also increased the risk of transition into the juvenile justice system. However, subtypes of maltreatment, including physical, sexual, and other types of abuse did not significantly predict the risk of juvenile justice system transition. Finally, family environment characterized by poverty also significantly increased the risk of juvenile justice system transition. These findings have important implications for developing and tailoring services for maltreated children, particularly those at-risk for transitioning into the juvenile justice system. Copyright © 2016 Elsevier Ltd. All rights reserved.

  6. EUROPEAN UNION SUPPORT AND TRANSITIONAL JUSTICE PROCESSES IN KOSOVO

    OpenAIRE

    Remzije Istrefi

    2017-01-01

    The legacy of systematic human rights violations committed during 1999 violent conflict and the previous repressive rule still impact the everyday life of Kosovo citizens. That is why transitional justice processes are a necessary component in Kosovo’s state building efforts. With the end of the 1999 conflict, Kosovo has been administered by the United Nations Mission in Kosovo (UNMIK) and also supported by European Union (EU) presences: the EU Special Representative in Kosovo, and European U...

  7. Human Rights and Transitional Societies: Contemporary Challenges

    DEFF Research Database (Denmark)

    Hansen, Thomas Obel

    2008-01-01

    generally, asserts how Judicial Defenders may have contributed to justice in other ways in post conflict Rwanda. The author argues that an efficient transitional justice policy must take sufficiently into account the context of the society in question, and aim at establishing linkages between justice...

  8. Transformative Justice as a Way of Permitting Women's Perspectives in Liberian Transitional Justice

    DEFF Research Database (Denmark)

    Ammann, Theresa

    In recent years, the field of transitional justice—originally rooted within the area of law—has gained recognition and input from a growing number of different disciplines (e.g., anthropology, politics, psychology). While this expansion has allowed the field to become more holistic it has also...... in Liberia’s transitional justice efforts—namely, women and particularly female ex-combatants. The paper will, therefore, be based on a literature review which will draw its conclusions from existing research within the fields of anthropology, human security, peace & conflict studies, political sciences......, and psychology. With regards to Liberian peacebuilding; this paper will argue for the necessity to balance juridical, political, cultural, social, and psychological needs in peacebuilding to achieve transformative justice—rather than transitional justice. Questions such as, “How were women neglected...

  9. Transition to a post-carbon society: Linking environmental justice and just transition discourses

    International Nuclear Information System (INIS)

    Evans, Geoff; Phelan, Liam

    2016-01-01

    The Hunter Valley, in New South Wales, Australia, is a globally significant coal mining and exporting region. The Hunter economy's strong basis in fossil fuel production and consumption is challenged by civil society campaigns employing environmental justice discourses. This paper analyses how two civil society campaigns in the Hunter region (â€Stop T4′ and 'Groundswell’) have countered the regional hegemony of fossil fuel interests from an environmental justice perspective. However, the discursive dominance of the 'jobs versus environment’ frame hinders efforts to build solidarity amongst local environmental justice goals on the one hand, and workers and union aspirations for secure, quality jobs on the other. Long-term structural decline of global coal markets adds pressure for economic transition. We argue that campaigns to open up possibilities for transition away from fossil fuel dependency to a post-carbon society can be strengthened by engaging with the 'just transition’ discourses that are typically associated with organised labour. Doing so can create synergy for social change by aligning community and labour movement interests. Inclusive social movement partnerships around this synergy must address structural disadvantage that creates social and economic insecurity if communities are to prevail over the fossil fuel sector's hegemony. - Highlights: • Jobs versus environment. • Environmental justice. • Just transition. • Counter-hegemonic forces.

  10. Special Justice for Peace: A Transitional Justice Model According to Modern Tendencies and Orientations of Law and Justice

    OpenAIRE

    Carlos Arturo GĂłmez Pavajeau

    2016-01-01

    The article analyses the constitutional implications of the peace agreement about Colombia’s armed conflict. It examines constitutional rules and international instruments about human rights, confronting the agreement with justice criteria in the national and international context, to underline the role of justice for the definitive solution of the conflict. By using the methodology of opposing concepts, it reviews the implications of formal justice and material justice, to establish the supe...

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

    Science.gov (United States)

    Morgan, Lynn

    2015-06-11

    Argentine sexual and reproductive rights activists insist on using the language and framework of "human rights," even when many reproductive rights activists in the US and elsewhere now prefer the framework of "reproductive justice." Reflecting on conversations with Argentine feminist anthropologists, social scientists, and reproductive rights activists, this paper analyzes why the Argentine movement to legalize abortion relies on the contested concept of human rights. Its conclusion that "women's rights are human rights" is a powerful claim in post-dictatorship politics where abortion is not yet legal and the full scope of women's rights has yet to be included in the government's human rights agenda. Argentine feminist human rights activists have long been attentive to the ways that social class, gender, migration, and racism intersect with reproduction. Because their government respects and responds to a human rights framework, however, they have not felt it necessary--as U.S. feminists have--to invent a new notion of reproductive justice in order to be heard. Given the increasing popularity of reproductive justice in health and human rights, the Argentine case shows that rights-based claims can still be politically useful when a State values the concept of human rights. Copyright 2015 Morgan. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  12. Victims, civil society and transitional justice in Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Humphrey Michael

    2012-01-01

    Full Text Available The role of victim organizations in the transitional justice process is examined in postwar Bosnia and Herzegovina (BiH. These organizations emerged in the context of the top-down accountability agenda driven by the international crisis intervention in the Balkan wars and the International Criminal Tribunal for the former Yugoslavia (ICTY. By contrast, in Latin America victim organizations emerged as a self-conscious movements of individuals galvanized by their traumatic experience of state repression and demanding accountability from the bottom-up. In BiH accountability became a condition for re-establishing state political and legal authority but also international financing for reconstruction and progress towards EU accession. Victim organizations were part of the NGO sector which grew rapidly in response to the neoliberal governance model of selforganizing civil society to transform post-socialist and postwar BiH. Non-governmental organizations (NGOs, run largely by professional middle class displaced from careers in the downsized state bureaucracy, became intermediaries between external donors and war affected populations. Victim organizations participated in the transitional justice process by supporting victims/witnesses in international and national prosecutions, tracing the missing persons and supporting the right of return of displaced populations. In BiH, victims’ organizations did not emerge as social movements advocating for citizenship and social justice, but became incorporated in the neoliberal governance model, sponsored by international agendas for stabilization, democratization and EU accession.

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

    Science.gov (United States)

    Leong, Frederick T L; Pickren, Wade E; Vasquez, Melba J T

    2017-11-01

    This article reviews the American Psychological Association's (APA) efforts in promoting human rights and social justice. Beginning with a historical review of the conceptualizations of human rights and social justice, the social challenges that have faced the United States over time are discussed in relation to the APA's evolving mission and strategic initiatives enacted through its boards, committees, and directorates. From early efforts on the Board for Social and Ethical Responsibility in Psychology and the Board of Ethnic Minority Affairs to the establishment of the Public Interest Directorate, the APA's efforts to address these human rights and social justice challenges through its task force reports, guidelines, and policies are described. Specifically, issues related to diversity and underrepresentation of minority group members and perspective within the APA, as well as women's issues (prochoice, violence against women, sexualization of young girls, human trafficking) were central to these efforts. These minority groups included racial and ethnic minority groups; immigrants and refugees; lesbian, gay, bisexual, transgendered, and queer individuals; and those with disabilities. Later attention shifted to broader social justice challenges within a public health perspective, such as AIDS, obesity, and violence. Also included is a brief discussion of the Hoffman Report. The article ends with a discussion of future directions for the APA's efforts related to human rights and social justice related to health disparities, violent extremism, social inequality, migration, cultural and racial diversity, and an evidence-based approach to programming. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

  14. Building a forward: Looking agenda for transitional justice in South Africa

    Directory of Open Access Journals (Sweden)

    van der Merwe Hugo

    2005-01-01

    Full Text Available A more holistic restorative justice process provides an avenue to untangle the web of political, personal and social dynamics that deal with past and future sources of violent conflict. While much of the restorative justice literature is focused on individual healing and personal responsibility, the challenge we face in South Africa is to deal with past human rights abuses in a social context that also recognizes their present relevance. As we look at rebuilding society, we face new challenges in relation to social violence. These challenges (be they political divisions, criminal violence, gender violence have their roots in the way that our society has created social identities in the past, the tools we have developed for dealing with violence and the unresolved memories of trauma, exclusion and mistrust we inherit from that past. Sometimes this specter of the past subtly shapes our sense of who we are and what our options are, but all too often it also directly intrudes through drawing on old enmities, repeating old but re-legitimated patterns of violence. Building a new society requires transitional justice processes that don’t simply pigeonhole pre- and post-transition conflicts in neat packages to be set aside or adjudicated. The continuities of conflict and violence require an approach that engages with the causes as well as the complex manifestations of our history of social dislocation and disruption.

  15. Contested Spaces of Transitional Justice : Legal Empowerment in Global Post-Conflict Contexts Revisited

    NARCIS (Netherlands)

    Kurze, Arnaud; Lamont, Christopher; Robins, Simon

    2015-01-01

    This article critically examines the concept of legal empowerment as it has been used with reference to transitional justice, mapping its rise and impact based on a selection of case studies. In recent decades, international transitional justice advocacy has evolved dramatically, with practice

  16. Economic Justice: Necessary Condition for Human Rights.

    Science.gov (United States)

    Cloud, Fred

    1993-01-01

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

  17. Transitional Justice in Syria: Scenarios and Options | IDRC ...

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

    ... and there has been widespread destruction to property and physical infrastructure. Syria's ... The project will provide research on key transitional justice issues, including methods to ... Syrian Center for Political and Strategic Studies SCPSS.

  18. Transitional Justice: History-Telling, Collective Memory, and the Victim-Witness

    Directory of Open Access Journals (Sweden)

    Chrisje Brants

    2013-06-01

    Full Text Available This article examines the complex, inherently political, and often contradictory processes of truth-finding, history-telling, and formation of collective memory through transitional justice. It explores tensions between history-telling and the normative goals of truth commissions and international criminal courts, taking into account the increasing importance attributed to victims as witnesses of history. The legal space these instruments of transitional justice offer is determined by both their historical and political roots, and specific goals and procedures. Because the legal space that truth commissions offer for history-telling ismore flexible and their report open to public debate, they may open up alternative public spaces and enable civil society to contest the master narrative. The legal truth laid down in the rulings of an international criminal court is by definition closed. The verdict of a court is definite and authoritative; closure, not continued debate about what it has established as the truth, is its one and only purpose. In conclusion, the article calls for a critical appraisal of transitional justice as acclaimed mediator of collective memories in post-conflict societies.

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

    Directory of Open Access Journals (Sweden)

    Lukas van den Berge

    2015-01-01

    Full Text Available The antagonism between deontological and teleological conceptions of law can be felt throughout the field of law. It is particularly pressing, however, in the context of what is commonly referred to as â€transitional justice’. Should the legal response to massive violence and bloodshed be primarily a deontological one, giving primacy to the right in awarding â€each what is his’ (suum cuique according to a given set of principles of law? Or should this response be primarily teleological in nature, with the right being subservient to the restoration of society as a higher good? Our paper investigates this issue from the perspective of a Ricoeurian reading of Aeschylus’ Oresteia and Yael Farber’s Molora, a modern play in which Aeschylus’ story is staged against the backdrop of post-apartheid South Africa. It is argued that both the Greek original and its modern adaptation confirm Ricoeur’s view of justice as a precarious balance between Kantian deontology on the one hand and Aristotelian teleology on the other.

  20. Transitional Justice and Peacebuilding : International Center for ...

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

    Currently, the United Nations and other agencies advance a broad set of empirical claims concerning the power of transitional justice to promote peace in post-conflict situations. One of the most important is that prosecutions, reparations, official truth-telling, apologies, memorials and reform of abusive security institutions ...

  1. 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.

  2. distributive justice and human rights in climate policy

    African Journals Online (AJOL)

    RAYAN_

    considerable ethical challenges when issues of justice and human rights .... change damages for GHG emissions pathways based on 'business-as- usual' as well ... (3) Global environmental change 297-301; William Nordhaus, 'A review of the.

  3. Truth and victims’ rights: Towards a legal epistemology of international criminal justice

    OpenAIRE

    Aguilera, Edgar R.

    2013-01-01

    The author advances the thesis that the now well established international crime victims' right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author's argument that this victims' right -if taken seriously- implies both the right that the international criminal justice system's normative structures or legal frameworks and practices feature a truth-promoting profile, or in other word...

  4. “We Have No Influence”: International Discourse and the Instrumentalisation of Transitional Justice in Burundi

    Directory of Open Access Journals (Sweden)

    David Taylor

    2013-09-01

    Full Text Available Burundi may soon reach yet another crossroads in its tumultuous history and on its path towards transitional justice. A contentious draft law for a Truth and Reconciliation Commission awaits approval by the country’s National Assembly, which has raised a number of concerns about the independence of the eventual commission, the likelihood of popular participation in the process and the prospects for criminal justice. But as this practice note seeks to demonstrate, the international community in Burundi may in fact be contributing to the instrumentalisation of the process. The note highlights how the discourse of the international community may partially facilitate a certain duplicity among influential figures within the current government, particularly with respect to compliance with stipulations under the 2000 Arusha Peace Agreement. Two common rationalisations in particular are explained that have seemingly emerged among the international community with respect to transitional justice and that are at the heart of this instrumentalisation: outside imposition and a lack of influence. The note argues that since transitional justice can no longer be regarded as an apolitical process, international actors must be more cognisant of their actions and discourse with a view to ensuring credible transitional justice processes in contexts like Burundi.

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

    Directory of Open Access Journals (Sweden)

    Iasmin Goes

    2013-04-01

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

  6. [AN EVALUATION OF JUSTICE AND RIGHT TO HEALTH CONCEPTS IN THE PERSPECTIVES OF ETHICAL THEORIES].

    Science.gov (United States)

    Ekmekçi, Perihan Elif; Arda, Berna

    Right to health is considered as a fundamental human right. However the realization of right to health is facing obstacles due to the scarce resources which are needed for the provision of health services. Besides the vast technological improvements in medical area leads to the development of diagnosis and treatment possibilities each and every day. Thus, the provision of health services becomes a subject of distributive justice. To define the concept of justice, first one should identify the conditions of demanding right to have something and then determine how and who is obliged to give the deserved. Ethical theories form their own paradigms of acting right regarding their anchor points and priority values. The basic concepts such as justice or right to health are considered and conceptualized within the paradigms of the ethical theories. Thus some ethical theories consider right to health as a natural constituent of human being, while some may consider it contextual and others may reject it completely. In a similar vein, justice and related concepts of justice such as formal and material principles of justice differ regarding the paradigm of the ethical theory in which we position ourselves. The paradigms of ethical theories demand different approaches from each other both in defining the concepts and implementations in practical life. This paper sets forth how justice and right to health is conceptualized in the virtue ethics, deontological ethics, liberal ethical theory and communitarian ethical theories. To this end first the general frame of each ethical theory and how justice is conceptualized within this frame is defined. Following that a discussion of the possibility of justification of the right to health within the context of ethical theory is perused.

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

    Science.gov (United States)

    Forman, Lisa

    2008-09-01

    The South African Constitutional Court's jurisprudence provides a path-breaking illustration of the social justice potential of an enforceable right to health. It challenges traditional objections to social rights by showing that their enforcement need not be democratically unsound or make zero-sum claims on limited resources. Indeed the South African experience suggests that enforcing health rights may in fact contribute to greater degrees of collective solidarity and justice as the Court has sought to ensure that the basic needs of the poor are not unreasonably restricted by competing public and private interests. This approach has seen the Court adopt a novel fights paradigm which locates individual civil and social rights within a communitarian framework drawing from the traditional African notion of'ubuntu', denoting collective solidarity, humaneness and mutual responsibilities to recognize the respect, dignity and value of all members of society. Yet this jurisprudence also illustrates the limits of litigation as a tool of social transformation, and of social rights that remain embedded in ideological baggage even where they have been constitutionally entrenched and enforced. This paper explores the Constitutional Court's unfolding jurisprudence on the right to health, providing background to the constitutional entrenchment of a justiciable right to health; exploring early Constitutional Court jurisprudence on this right; turning to the forceful application of this right in relation to government policy on AIDS treatment; and concluding with thoughts about the strengths and limits of this jurisprudence in light of subsequent case-law.

  8. Rights and Justice and the Social Web Movement (Latin America ...

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

    Rights and Justice and the Social Web Movement (Latin America) ... mounted to raise public awareness of the importance of privacy as a human right on the Internet. ... conference of McGill's Institute for the Study of International Development.

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

    Science.gov (United States)

    Venkatapuram, Sridhar; Bell, Ruth; Marmot, Michael

    2013-01-01

    The article examines the convergences and contrasts between social epidemiology, social medicine, and human rights approaches toward advancing global health and health equity. The first section describes the goals and work of the WHO Commission on Social Determinants of Health. The second section discusses the role of human rights in the Commission’s work. The third section evaluates, from the perspective of social epidemiology, two rights-based approaches to advancing health and health equity as compared to a view that focuses more broadly on social justice. The concluding section identifies four areas where social epidemiologists, practitioners of social medicine, and health and human rights advocates can and must work together in order to make progress on health and health equity. PMID:21178186

  10. Rights with Capabilities: Towards a Social Justice Framework for Migrant Activism

    Directory of Open Access Journals (Sweden)

    Leah Briones

    2011-07-01

    Full Text Available The paradigm of rights, established throughout the academic, policy and migrant activism arenas, governs the protection of vulnerable migrant workers against abuse. To what extent this approach has achieved social justice for the migrant worker in the current global political economy climate is, however, uncertain. In analyzing the use of rights in migrant activism in Hong Kong, this paper shows the limitation of rights  in the migrant experience at the same time as it shows how a new paradigm based on the Capablities Approach could provide a more appropriate framework from which to achieve social justice for the migrant worker.

  11. Rights with Capabilities: Towards a Social Justice Framework for Migrant Activism

    Directory of Open Access Journals (Sweden)

    Leah Briones

    2011-08-01

    Full Text Available

    The paradigm of rights, established throughout the academic, policy and migrant activism arenas, governs the protection of vulnerable migrant workers against abuse. To what extent this approach has achieved social justice for the migrant worker in the current global political economy climate is, however, uncertain. In analyzing the use of rights in migrant activism in Hong Kong, this paper shows the limitation of rights  in the migrant experience at the same time as it shows how a new paradigm based on the Capablities Approach could provide a more appropriate framework from which to achieve social justice for the migrant worker.

  12. International Crimes and Transitional Justice: where does organised crime fit?

    Directory of Open Access Journals (Sweden)

    Parmentier Stephan

    2010-03-01

    Full Text Available The last twenty years, since the fall of the Berlin wall in 1989, more than 120 violent conflicts waged across the globe and hundreds of thousands of people killed, disappeared, handicapped or left in distress.Violent conflicts involve frequent human rights violations as well as many crimes. These kinds of crimes are usually very serious and tend to involve many victims, and have attracted attention from a variety of disciplines, including social and political scientists and (criminal lawyers. Therefore, the author argues that criminology as an academic discipline has until recently hardly been interested in studying international crimes.In order to understand this, the author is firstly interested in sketching the background of the concept of international crimes and comparing it with the notion of political crimes and also with that of serious human rights violations. Secondly, international crimes will be situated in their political context of transitional justice and its links with organized crime will be explored.

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

    Science.gov (United States)

    Levy, Barry S; Patz, Jonathan A

    2015-01-01

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

  14. Teaching Human Rights from Below: Towards Solidarity, Resistance and Social Justice

    Directory of Open Access Journals (Sweden)

    Melissa Canlas

    2015-10-01

    Full Text Available In this article, we discuss our approaches, pedagogies, and practices for a weekly human rights club that serves immigrant and refugee youth.  The research team is involved in a research collaboration with a public high school in a large urban area on the West Coast.  In this article, we discuss some of our curricular and pedagogical strategies and students’ responses to lesson plans and activities that aimed to build solidarity, resistance to dominant and assimilative narratives, and action towards social justice.  Our approach focuses on intersecting a transforamtive human rights perspective with the praxes of critical pedagogies and social justice.  This article discusses a radical approach to teaching Human Rights along three key themes: student-centered human rights pedagogy, cultural wealth and HRE, and students’ articulation of human rights language into action.

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

    Science.gov (United States)

    Smith, Martha

    2001-01-01

    Explains the concept of global information justice and describes it as an ethical ideal, as an organizing principle for a model for analysis, and as a direction for policy making. Discusses the use of new technologies; access to technology; ownership; privacy; security; community; and the Universal Declaration of Human Rights. (Author/LRW)

  16. Struggles for Equal Rights and Social Justice as Unrepresented and Represented in Psychological Research.

    Science.gov (United States)

    Turiel, Elliot; Chung, Eunkyung; Carr, Jessica A

    2016-01-01

    Issues of equality and social justice remain important concerns for contemporary societies. Struggles for equal rights and fair treatment continue in both organized movements and in acts of everyday life. We first consider trends in psychological research that fail to address such struggles and may even impede theoretical understanding of the complex processes of thought and action involved when individuals confront situations of welfare, justice, and rights. Then, we consider research, which attempts to address these issues. We review studies on the development of moral judgments and on understandings of equality and distributive justice. We also discuss research that accounts for the varying social contexts of individual lives and conceives of human behavior as engaged in moral judgments, which often produce resistance and opposition to injustice. In conclusion, we call for more attention in psychological research to issues of equity and social justice. © 2016 Elsevier Inc. All rights reserved.

  17. Transitional justice and liberal post-conflict governance : synergies and symmetries, frictions and contradictions

    NARCIS (Netherlands)

    Sharp, Dustin Nachise

    2016-01-01

    “Transitional justice” is a field of practice, policy and study that focuses on the ways that societies respond to legacies of large-scale atrocities though tribunals, truth commissions, reparations, and other mechanisms. Over the last thirty years, transitional justice has become the globally

  18. Gendered Justice Gaps in Bosnia-Herzegovina

    DEFF Research Database (Denmark)

    Björkdahl, Annika; Mannergren Selimovic, Johanna

    2014-01-01

    , and reparations gaps-this article examines structural constraints for women to engage in shaping and implementing transitional justice, and unmasks transitional justice as a site for the long-term construction of the gendered post-conflict order. Thus, the gendered dynamics of peacebuilding and transitional...... justice have produced a post-conflict order characterized by gendered peace and justice gaps. Yet, we conclude that women are doing justice within the Bosnian-Herzegovina transitional justice project, and that their presence and participation is complex, multilayered, and constrained yet critical....

  19. The Transitional Justice Models and the Justifications of Means of Dealing with the Past

    Directory of Open Access Journals (Sweden)

    Michal Krotoszynski

    2016-09-01

    Full Text Available The development of transitional justice measures can be fully understood only when one takes into account the values, rationales and justifications that lie at the roots of various ways of dealing with past wrongs. Seeing transitional justice as an ontologically complex structure, the article aims to relate the legal instruments that concentrate on past abusers to the axiological layer of settling accounts with the past. In order to do so, three basic models of transitional justice – a retribution model, a historical clarification model and a thick line model – all based on the measures implemented during democratic change, are presented. Then, with the use of a classic division between consequentialist and deontological argumentation, the article describes transitional justice justifications. Next, the values emblematic for each of the models are identified. Finally, the article proposes a structure of transitional justice moral reasoning that may guide transitional decision-making process on the axiological level. El desarrollo de medidas de justicia transicional sólo puede entenderse en su totalidad cuando se tienen en cuenta los valores, razones y justificaciones que subyacen en las raíces de las diversas maneras de tratar con los errores del pasado. Al ver la justicia transicional como una estructura ontológicamente compleja, el artículo pretende relacionar los instrumentos jurídicos que se concentran en los agresores del pasado con la capa axiológica de ajustar cuentas con el pasado. Para conseguirlo, se presentan tres modelos básicos de justicia transicional -un modelo de retribución, un modelo de esclarecimiento histórico y un modelo de línea gruesa-, todos basados en las medidas aplicadas durante un cambio democrático. Seguidamente, el artículo describe las justificaciones de la justicia transicional, con el uso de una división clásica entre argumentación consecuencialista y deontológica. A continuación, se

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

    African Journals Online (AJOL)

    Keywords: art, democracy, human rights, social justice, the public good, visual graphics. Introduction ..... in industry and global communications pay scant regard to their effect on the environment. The ..... Upper Saddle River, NJ: Pearson/Merril.

  1. Access to justice in the Convention on Rights system

    NARCIS (Netherlands)

    Gerards, J.H.; Glas, L.R.

    2017-01-01

    The numerous reforms to the Convention system of the past two decades have unquestionably had an effect on applicants’ means to access justice in the system. It is, however, open to question how these changes should be evaluated: with reference to the individual right to petition, or with reference

  2. What transitional justice in Zimbabwe? Women of Zimbabwe Arise ...

    African Journals Online (AJOL)

    Mary Ndlovu is a social justice and human rights activist with a background in education. Originally from Canada, she married a Zimbabwean nationalist in exile in Zambia and since returning with him to Bulawayo in 1980 has lived there, working in teacher education and the legal and human rights NGO sector.

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

    African Journals Online (AJOL)

    Keywords: art, democracy, human rights, social justice, the public good, visual ..... (Figure 1), the symbolism is two-fold; firstly, the upper composition depicts the ... in industry and global communications pay scant regard to their effect on the ...

  4. Criminal Justice Majors' Basic Knowledge of U.S. Constitutional Rights and Pedagogical Implications

    Science.gov (United States)

    Heuer, Janet; Coggins, Porter E.

    2017-01-01

    Criminal justice students preparing at the university level will be required to possess knowledge and understanding of applicable constitutional law, rights and responsibilities upon entering their profession to ensure the competent execution of the duties of which they will be entrusted to perform. Students majoring in the criminal justice field…

  5. Transitional Justice in Ongoing Conflicts and Post-War Reconstruction: Reintegrating Donbas into Ukraine

    Directory of Open Access Journals (Sweden)

    Tomasz Lachowski

    2017-12-01

    Full Text Available The main aim of the paper is to analyse the potential transitional justice mechanisms, directed at reintegration of Donbas, a territory temporarily occupied by pro-Russian separatists, being under the combination of a direct and indirect control of Kremlin, with Ukraine. In the aftermath of the Revolution of Dignity and a remove of ex-President Viktor Yanukovych as a consequence of Euromaidan protests held in Kyiv, in the Winter 2013/14, Ukraine became a state involved in the international armed conflict covering its Eastern provinces as a result of an external aggression of the Russian Federation. Furthermore, since early-2014, Moscow is continuously using pro-Russian militants to form and uphold unrecognised, de facto regimes of the so-called â€Donetsk’ and â€Luhansk People’s Republic(s’ affecting the territorial integrity of the Ukrainian state. It is argued that Kyiv shall take into consideration some of the peace and restoration models applied in similar conflict or post-conflict environments, such as the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES or the experience of numerous disarmament, demobilisation and reintegration (DDR programs, filled with the transitional justice component. Moreover, by emphasising the context of a military (semifrozen conflict in Eastern Ukraine, the paper is going to shed more light on the possible application of transitional justice tool-kit in the ongoing conflicts scenarios and its potential contribution to the shift from a conflict to the postwar environment.

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

    Directory of Open Access Journals (Sweden)

    Colleen Sheppard

    2015-03-01

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

  7. Creativity, Social Justice and Human Rights within Adult Education

    Science.gov (United States)

    Brown, Susannah

    2015-01-01

    In this paper, the author describes philosophical concepts of adult learning and their application as integrated with creative problem solving within the context of social justice and human rights. The context is framed by the work of the United Nations (1992) which emphasizes importance of women's roles and creativity in the process of forming a…

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

    Directory of Open Access Journals (Sweden)

    d'Ăvila L. S.

    2017-02-01

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

  9. The division of labor across the transition to parenthood : A justice perspective

    NARCIS (Netherlands)

    Kluwer, E.S; Heesink, J.A.M.; Van de Vliert, E.

    2002-01-01

    In a three-wave longitudinal survey among 293 couples, we studied the determinants of husbands' and wives' fairness judgments regarding the division of labor across the transition to parenthood. We tested predictions derived from the distributive justice framework that perceptions of fairness

  10. Transitional Justice: A Conceptual and Normative Framework for Combating Terrorism in Occupied Territories

    OpenAIRE

    QUESADA ALCALA, Carmen; ZAKERIAN, Mehdi

    2010-01-01

    Product of workshop No. 2 at the 10th MRM 2009 Transitional justice generally refers to a range of approaches, judicial and non-judicial, that States may use to build the transition from violence and repression to societal stability and peace. The term “transitional justice” has recently received ever greater attention with respect to the Occupied Territories, especially in relation to terrorism and its consequences. The purpose of this paper is to establish a normative and ...

  11. Contestation, contingency, and justice in the Nordic low-carbon energy transition

    International Nuclear Information System (INIS)

    Sovacool, Benjamin K.

    2017-01-01

    The five Nordic countries have aggressive climate and energy policies in place and have already emerged to be leaders in renewable energy and energy efficiency. Denmark is renowned for its pioneering use of wind energy, Finland and Sweden bioenergy, Norway hydroelectricity and Iceland geothermal energy. All countries aim to be virtually “fossil free” by 2050. This study explores the Nordic energy transition through the lens of three interconnected research questions: How are they doing it? What challenges exist? And what broader lessons result for energy policy? The study firstly investigates the pathways necessary for these five countries to achieve their low-carbon goals. It argues that a concerted effort must be made to (1) promote decentralized and renewable forms of electricity supply; (2) shift to more sustainable forms of transport; (3) further improve the energy efficiency of residential and commercial buildings; and (4) adopt carbon capture and storage technologies for industry. However, the section that follows emphasizes some of the empirical barriers the Nordic transition must confront, namely political contestation, technological contingency, and social justice and recognition concerns. The study concludes with implications for what such historical progress, and future transition pathways, mean for both energy researchers and energy planners. - Highlights: • Nordic countries have strong energy and climate policies to be practically “fossil free” by 2050. • Decarbonization and transition pathways depend on renewable energy, efficiency, transport, and industry. • The Nordic transition remains contingent on further technological innovations and policy commitments. • It also raises energy justice issues concerning employment, public knowledge, and embodied emissions.

  12. Right to access to justice in environmental matters

    Directory of Open Access Journals (Sweden)

    Daniela GraÄŤan

    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.

  13. Exploring Challenges Faced by Students as they Transition to Social Justice Work in the “Real World”: Implications for Social Work

    Directory of Open Access Journals (Sweden)

    Katie Richards-Schuster

    2016-02-01

    Full Text Available For students who are actively engaged in social justice efforts on their college/university campuses, the transition from a relatively easy platform for engagement to the “real world” can pose significant challenges and create new realities for negotiation. Little is known, however, about the nature of these transitions into post-graduate social justice experiences. Drawing on an open-ended survey of recent graduates (92 respondents, 50% response rate from a social justice minor in a school of social work, we explore the ways in which respondents described their transitions into social justice work, focusing on a set of key challenges that emerged from our analysis and reflecting on the implications of these challenges for social work practice and future research. Understanding some of the challenges in making this transition will help social work and non-profit administrators to better support this population’s future volunteer, service, and employment needs.

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

    Science.gov (United States)

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

    2008-01-01

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

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

    Science.gov (United States)

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

    2008-08-04

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

  16. Achieving Child Friendly Justice through Child Friendly Methods: Let’s Start with the Right to Information

    Directory of Open Access Journals (Sweden)

    Helen Stalford

    2017-09-01

    Full Text Available Making the justice process â€child friendly’ is a key priority for the children’s rights community. An abundance of commentary has been produced by the UN Committee on the Rights of the Child to highlight how justice proceedings can be made more accessible for children and, in 2010, the Council of Europe issued its comprehensive â€Guidelines on Child Friendly Justice’. Despite these efforts, children remain ill-informed, not just about the nature of justice proceedings in which they may be implicated, but about the very existence and scope of their rights and how to enforce them. Despite unequivocal acknowledgement that the availability and accessibility of information is the crucial starting point in a children’s rights-based approach to dispensing justice, there has been surprisingly little attempt to scrutinise the availability, quality and accessibility of information about laws and policies affecting children. This article takes a closer look at what, exactly, â€child friendly’ information means in practice. In doing so, we argue that attempts to develop child friendly information have yet to progress beyond adult-driven, largely tokenistic and superficial re-branding exercises. As such, efforts to develop child friendly resources are often of limited value in empowering young people to develop their legal literacy and realise their rights in practice. We reflect on our attempt to develop an explicitly children’s rights-based approach to the development of child friendly resources with a view to enhancing their purchase. This took place in the context of a pilot project, commissioned by the Council of Europe in June 2014, to create a child friendly version of their Child Friendly Justice Guidelines.

  17. Rights with Capabilities: Towards a Social Justice Framework for Migrant Activism

    OpenAIRE

    Leah Briones

    2011-01-01

    The paradigm of rights, established throughout the academic, policy and migrant activism arenas, governs the protection of vulnerable migrant workers against abuse. To what extent this approach has achieved social justice for the migrant worker in the current global political economy climate is, however, uncertain. In analyzing the use of rights in migrant activism in Hong Kong, this paper shows the limitation of rights  in the migrant experience at the same time as it shows how a ne...

  18. Conflict Management, Transitional Justice and De-radicalization – Different, but common goals

    Directory of Open Access Journals (Sweden)

    Anna MĂĽhlhausen

    2016-12-01

    Full Text Available The aim of this working paper is to explore common issues between the process of reconciliation in post-conflict societies, negotiations and the renouncement of violent means. This paper brings forward the argument that reconciliation, negotiations as well as disengagement or de-radicalization processes are important for a non-violent communication between extremists and the society they should re-integrate. Re-opening communication channels after terrorist violence can help to build trust and chance former conflict party’s mindsets. Comparing the principles of victim-oriented instruments of transitional justice to the disengagement process of perpetrators demonstrates some reasons for successful collective disengagement. Furthermore, especially amnesties, ore milder punishment are important incentives for negotiations and disengagement. This is often evaluated as unjust by victims and may suppress a further truth-finding process. Choosing completive restorative justice instruments like public apologies and public discussions in truth-finding processes can increase justice for victims and makes de-radicalization processes more lasting.

  19. Access to Justice in the European Convention on Human Rights System

    NARCIS (Netherlands)

    Glas, L.R.; Gerards, J.H.

    2017-01-01

    The numerous reforms to the Convention system of the past two decades have unquestionably had an effect on applicants’ means to access justice in the system. It is, however, open to question how these changes should be evaluated: with reference to the individual right to petition, or with reference

  20. Bridging Social Justice and Children's Rights to Enhance School Psychology Scholarship and Practice

    Science.gov (United States)

    Shriberg, David; Desai, Poonam

    2014-01-01

    This article describes the overlap between the common goals of social justice and children's rights advocates as applied to scholarship and practice in school psychology. We argue that these frameworks overlap a great deal, with a primary distinction being the roots of each approach. Specifically, the origins of social justice movements in…

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

    Directory of Open Access Journals (Sweden)

    Sybe A. de Vries

    2013-01-01

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

  2. Empowering Energy Justice

    Science.gov (United States)

    Finley-Brook, Mary; Holloman, Erica L.

    2016-01-01

    The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1) fossil fuel divestment; (2) carbon taxes and social cost of carbon measurements; (3) cap-and-trade; (4) renewable energy; and (5) energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics. PMID:27657101

  3. Empowering Energy Justice

    Directory of Open Access Journals (Sweden)

    Mary Finley-Brook

    2016-09-01

    Full Text Available The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1 fossil fuel divestment; (2 carbon taxes and social cost of carbon measurements; (3 cap-and-trade; (4 renewable energy; and (5 energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics.

  4. Global Justice: Building International and Supranational Structures on the Basis of Fundamental Rights

    Directory of Open Access Journals (Sweden)

    Edgar Lammertse

    2017-01-01

    Full Text Available This article is intended to share a few thoughts, notions and questions about regulatory and governmental structures, both national and international, with regard to the development of global justice. It will highlight the issue whether or not local wisdom can contribute to global justice. In addition, this writing will discover legal problems that arise from the idea of global society and global justice by analyzing jurisdictional aspects and by explaining a little bit about dematerialization of crime, as it has been affected by the changing of communities’ behavior in global contexts after the era of computer and information and communication technology (ICT. Progressive development in Europe, especially regarding the European Union Law, will also be explored in order to describe the respect for fundamental rights in this region.

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

    Directory of Open Access Journals (Sweden)

    John McMurtry

    2011-08-01

    Full Text Available

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

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

    Directory of Open Access Journals (Sweden)

    John McMurtry

    2011-07-01

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

  7. Justice in Post-Conflict Settings: Islamic Law and Muslim Communities as Stakeholders in Transition

    Directory of Open Access Journals (Sweden)

    Corri Zoli

    2017-08-01

    Full Text Available This essay is one of the first collaborative efforts to identify the underlying norms embedded in diverse traditions of Islamic law as these apply to contemporary Muslim communities experiencing conflict or transitioning from conflict. This long overdue endeavor draws upon comparative legal analyses, postconflict justice traditions, global governance, and empirical conflict studies to explore why Islamic legal norms are not often used as a resource for restraint and guidance in contemporary conflict settings. In exploring this puzzle, the authors make the case for strengthening commensurate Islamic and international conflict norms for complex conflicts and postconflict tradition. We also situate Islamic postconflict justice norms—which are too often confined to religious and natural law discussions—into contemporary problems of security policy, conflict prevention, and problems of governance. We indicate the many benefits of such a comparative approach for citizens of diverse Muslim and Arabs states and communities, trying to build pathways out of conflict, and for humanitarian and human rights practitioners working in such arenas toward similar goals. An additional, important benefit in excavating such shari’a norms is in providing the intellectual basis to counter politicized, extremist, and instrumentalist uses of Islamic law to justify extreme uses of political violence across the Middle East, Central and South Asian, and African regions.

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

    Science.gov (United States)

    Friedman, Eric A; Gostin, Lawrence O

    2015-12-01

    The singular message in Global Health Law is that we must strive to achieve global health with justice--improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health--public health, universal health coverage, and the social determinants of health--while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to equity. A new global health treaty grounded in the right to health and aimed at health equity--a Framework Convention on Global Health (FCGH)--stands out for its possibilities in helping to achieve global health with justice. This far-reaching legal instrument would establish minimum standards for universal health coverage and public health measures, with an accompanying national and international financing framework, require a constant focus on health equity, promote Health in All Policies and global governance for health, and advance the principles of good governance, including accountability. While achieving an FCGH is certainly ambitious, it is a struggle worth the efforts of us all. The treaty’s basis in the right to health, which has been agreed to by all governments, has powerful potential to form the foundation of global governance for health. From interpretations of UN treaty bodies to judgments of national courts, the right to health is now sufficiently articulated to serve this role, with the individual’s right to health best understood as a function of a social, political, and economic environment aimed at equity. However great the political challenge of securing state agreement to the FCGH, it is possible. States have joined other treaties with significant resource requirements and limitations on their sovereignty without significant reciprocal benefits from other states, while important state interests would

  9. Human rights in childbirth, narratives and restorative justice: a review.

    Science.gov (United States)

    Lokugamage, A U; Pathberiya, S D C

    2017-02-02

    This review describes the emerging global debate on the role of human rights childbirth. It is also tailored to a UK perspective in view of the Montgomery v. Lanarkshire [2015] legal ruling and it implications to practice. We can never underestimate the power of humane care on health. The compassion and evidence based medicine agenda in healthcare is interconnected with human rights in healthcare, feeding into the principles of decision making and patient centred care. When this has not happened and there is been healthcare conflict, the power of storytelling serves to connect disparate parties to their common humanity. Narratives are an important aspect of restorative justice processes and we suggest that this could be beneficial in the field of human rights in childbirth.

  10. The Right to Dignity and Restorative Justice in Schools

    Directory of Open Access Journals (Sweden)

    M Reyneke

    2011-10-01

    Full Text Available A retributive and punitive approach is normally adopted in dealing with misbehavior in South African schools. Despite the legal abolition of corporal punishment, more than 50 percent of schools still administer it. Other forms of punishment generally applied are also punitive in nature. The right to dignity of all of the parties affected by misbehaviour in schools is considered in this analysis. The possibility of adopting restorative justice as an alternative disciplinary approach is examined as a way of protecting, promoting and restoring the dignity of the victims of such misbehaviour.

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

    Directory of Open Access Journals (Sweden)

    Duc Nguyen

    2017-01-01

    Full Text Available The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam. Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.

  12. "No justice, no peace" and the right to self-determination: an interview with Gary Grant and Naeema Muhammed of the North Carolina Environmental Justice Network.

    Science.gov (United States)

    Grant, Gary; Muhammed, Naeema; Slatin, Craig; Scammell, Madeleine Kangsen

    2014-01-01

    This is an interview with Gary Grant and Naeema Muhammed, leaders of the North Carolina Environmental Justice Network. Each of them talks about where they grew up, their politicization, how their paths crossed, their work together after Hurricane Floyd, and the unique challenges of organizing for social justice for black communities in the South. We learn of their fight against concentrated animal feeding operations (CAFOs), primarily for the hog trade, and they take us up to North Carolina's Moral Monday protests of 2013 against legislation that threatens voting rights, public education, access to medical services, unemployment benefits, workers rights, occupational and environmental health, and women's access to reproductive health care. We are grateful to these two friends of New Solutions for their contribution to the journal, and we hope that their insights regarding struggles for social and environmental justice can serve as guides for us all.

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

    Directory of Open Access Journals (Sweden)

    Pablo Kalmanovitz

    2010-11-01

    Full Text Available How do we justify the practice of corrective justice for losses suffered during armed conflicts? This article seeks to show the force and relevance of this question, and to argue that, in cases of massively destructive wars, social justice should gain priority over corrective justice. Starting from a liberal Rawlsian conception of the relationship between corrective and social justice, it is argued that, paradoxically, the more destructive a war is, the less normative force corrective rights have and the higher priority policies of social justice, which guarantee basic rights to all citizens, should have.

  14. A Case of Successful Transitional Justice: Fritz Bauer and his Late Recognition in the Federal Republic of Germany

    Directory of Open Access Journals (Sweden)

    Jakub Gortat

    2017-12-01

    Full Text Available Germany is an example of a country which has been implementing transitional justice for decades and is still active in this field. What is more, contemporary Germans have recently come to terms with their not-so-distant past and their negligence in this area by showing the falsehood, backwardness, and injustice as negative foundations of the young Federal Republic. This article evokes the person of Fritz Bauer, the prosecutor in the state of Hessen. His struggle for human dignity and the memory of his achievements after his death exemplify an accomplished case of transitional justice and the memory of it. During his lifetime he contributed to bringing to trial numerous Nazi criminals, even at the cost of habitual threats and disregard. Forgotten for a few decades, Bauer and his legacy have been recently rediscovered and studied. Eventually, Bauer became a movie character and was finally brought back to the collective memory of Germans. The belated, but a well-deserved wave of popularity of Fritz Bauer in the German culture memory proves that reflections on the transitional justice are still topical and important.

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

    OpenAIRE

    Weller, Penny

    2009-01-01

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

  16. Employing a Social Justice Framework to Promote Postsecondary Transition for Students with Intellectual Disability

    Science.gov (United States)

    Cook, Amy L.

    2017-01-01

    Transition from high school to postsecondary education (PSE) and employment can be challenging for all youth, and particularly for youth with intellectual disability (ID). Promoting equity and access to PSE for students with ID is a social justice mandate, and high school counselors are uniquely positioned to assist youth with ID in accessing…

  17. Extending Justice: a rights-based account of our obligations to distant people

    OpenAIRE

    Fitzgerald, John

    2012-01-01

    This thesis examines a prima facie tension between the narrow scope of social justice proposed by many liberal, rights-based accounts, and the intuition that we have a strong obligation to help distant people who are in great need. 'Distant people' in this instance are people who do not share our nationality, or those who will come to exist as members of future generations. Ways in which liberal, right-based theories of political philosophy can resolve this tension are examined, and the thesi...

  18. THE INFLUENCE OF THE INTERNATIONAL RIGHT IN THE MILITARY JUSTICE REFORM IN LATIN AMERICA

    OpenAIRE

    DANIEL SOTO MUĂ‘OZ

    2017-01-01

    This article describes that the military right comes from the constitutional regulation of the use of force. This regulation imposes a particular duty of obedience to the military, that is guarded at the same time, by the military disciplinary right and the military penal code. It informs that although military justice is not forbidden by the international right of the Human Rights, is considered as a regulation of restricted application. Also details, the valid requisites presented by the in...

  19. Educação, justiça e direitos humanos Education, justice, and human rights

    Directory of Open Access Journals (Sweden)

    Carlos Alberto Vilar EstĂŞvĂŁo

    2006-04-01

    Full Text Available Neste artigo, o autor reflecte sobre a questão da justiça e dos direitos humanos, tendo presente as exigências da democracia deliberativa, na linha de Habermas e, sobretudo, as propostas de uma democracia comunicativa. Assim e num primeiro momento, o autor problematiza as relações entre democracia, justiça e direitos humanos, dando um particular realce quer às tendências individualistas e mercantilizadas de ver a democracia e os direitos quer às concepções deliberativa e comunicativa da democracia e suas implicações em termos de justiça e direitos humanos. A partir daqui, a reflexão inflecte para o campo da educação, como um outro lugar da justiça, debatendo a questão da justiça escolar e a concepção da escola como organização dialógica e comunicativa, realçando, em linguagem habermasiana, as funcionalidades sistémica e comunicativa que a perpassam. O autor completa esse enquadramento destacando, dentro da ideia de que a escola é um lugar de vários mundos e de justiças, as múltiplas racionalidades mobilizadas pelos actores escolares, a quem compete fazer opções, conscientes de que, quando a racionalidade comunicativa-emancipatória domina sobre outros tipos de racionalidade, a justiça e os direitos se abrem e se universalizam. Finalmente, essa discussão é retomada no último ponto do artigo, mas agora enquadrada nos desafios da globalização entendida em vários sentidos, terminando com a referência, dentro de uma concepção de globalização contra-hegemónica, a uma "democracia cosmopolítica", favorecedora de uma cordialidade solidária e cosmocidadã, apoiada nos direitos humanos.In this article the author reflects on the issue of justice and human rights, considering the demands of a deliberative democracy, along the lines of Habermas and, above all, of the proposals of a communicative democracy. Thus, at first, the author problematizes the relationships between democracy, justice, and human rights

  20. A right to truth, justice and a remedy for African victims of serious ...

    African Journals Online (AJOL)

    A right to truth, justice and a remedy for African victims of serious violations of international humanitarian law. Avril McDonald. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL.

  1. How to Reckon with Past Evils? Rethinking Transitional Justice Strategies in Post-Authoritarian and Post-Conflict Environments

    Directory of Open Access Journals (Sweden)

    Tomasz Lachowski

    2017-12-01

    Full Text Available The ĹĂłdĹş PPSY International Seminar Transitional Justice: Between Redemption and Retribution. ĹĂłdĹş (June 6, 2017, University of ĹĂłdĹş, Professor CzesĹ‚aw Mojsiewicz International Cooperation Fund and the Editorial Board of the Polish Political Science Yearbook. The ĹĂłdĹş PPSY International Seminar Transitional Justice: Between Redemption and Retribution was the first scientific event co-organized by the Chair of International Law and International Relations (Faculty of Law and Administration, University of ĹĂłdĹş, Research Centre of University of ĹĂłdĹş "The Balkans at the Turn of the 20th and the 21st Century", Professor CzesĹ‚aw Mojsiewicz International Cooperation Fund, Adam MarszaĹ‚ek Publishing House and the Editorial Board of the Polish Political Science Yearbook. The idea that stood behind the organization of the academic seminar was to analyse the current scientific and practical trends witnessed in a global discourse on transitional justice. Deliberations on post-violence efforts and all closely related topics, especially the issue of politics of memory, gathered in the Polish city of ĹĂłdĹş 20 researchers, coming from 7 Polish universities and 8 foreign academic centres. It is worth mentioning that participants of the seminar represented 9 different countries, such as Germany, the Netherlands, Poland, Romania, Slovakia, South Sudan, Ukraine, the United Kingdom and the United States.

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

    Directory of Open Access Journals (Sweden)

    Augusto Sebastio

    2015-06-01

    Full Text Available The landscape of internationally recognized rights is increasingly expanding the web and the Information technology law contributes, through the creation of new situations arising from practices identified by the doctrine, to the recognition of new digital rights. The typical path of the affirmation of a â€New right’ find sudden recognition through national or international case studies that generate the actual recognition of rights that were previously only expectations and that automatically become necessities. The birth of the right to oblivion, i.e., the right to forget and to be forgotten, should be understood as the right to have memories related to a particular subject and to the processes of indexing and storage, including the ability to manage and establish them in hands of third parties. The recent case from the European Union Court of Justice in 2014 is a mirror for the right to be forgotten and censorship in the different landscape of USA and European Law. The present research is a tool for evaluation and analysis of the proposed European regulations.

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

    OpenAIRE

    Junya Lek Yimprasert

    2006-01-01

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

  4. The Human Rights and Social Justice Scholars Program: a collaborative model for preclinical training in social medicine.

    Science.gov (United States)

    Bakshi, Salina; James, Aisha; Hennelly, Marie Oliva; Karani, Reena; Palermo, Ann-Gel; Jakubowski, Andrea; Ciccariello, Chloe; Atkinson, Holly

    2015-01-01

    Despite the importance of the role social justice takes in medical professionalism, the need to train health professionals to address social determinants of health, and medical trainees' desire to eliminate health disparities, undergraduate medical education offers few opportunities for comprehensive training in social justice. The Human Rights and Social Justice (HRSJ) Scholars Program at the Icahn School of Medicine at Mount Sinai is a preclinical training program in social medicine consisting of 5 components: a didactic course, faculty and student mentorship, research projects in social justice, longitudinal policy and advocacy service projects, and a career seminar series. The aim of this article is to describe the design and implementation of the HRSJ curriculum with a focus on the cornerstone of the HRSJ Scholars Program: longitudinal policy and advocacy service projects implemented in collaboration with partner organizations in East Harlem. Furthermore, we describe the results of a qualitative survey of inaugural participants, now third-year medical students, to understand how their participation in this service-learning component affected their clinical experiences and professional self-perceptions. Ultimately, through the implementation and evaluation of the HRSJ Scholars Program, we demonstrate an innovative model for social justice education; the enduring effect of service-learning experiences on participants' knowledge, skills, and attitudes; and the potential to increase community capacity for improved health through a collaborative educational model. Copyright © 2015 The Authors. Published by Elsevier Inc. All rights reserved.

  5. Justice mechanisms and the question of legitimacy: the example of Rwanda's multi-layered justice mechanisms

    OpenAIRE

    Oomen, B.; Ambos, K.; Large, J.; Wierda, M.

    2009-01-01

    Legitimacy, this contribution argues, plays a key role in connecting transitional justice mechanisms to sustainable peace, and strengthening people's perceptions of legitimacy should be of concern to all those involved in these institutions. Here, it is important to take an empirical, people-based approach to legitimacy, with regard for its dynamic quality. This approach should focus on all three dimensions of legitimacy: the input into transitional justice mechanisms, the popular adherence t...

  6. Justice Globalism

    NARCIS (Netherlands)

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

    2014-01-01

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

  7. Achieving social justice for children: How can children's rights thinking make a difference?

    Science.gov (United States)

    Smith, Anne B

    2016-01-01

    This article draws on themes from the author's book, Children’s Rights: Toward Social Justice , that emerge from surveying children’s rights issues in different childhood contexts; the family, education, child protection, and health services. The author has selected five examples of application of children’s rights to a policy area and identified the implications for policy and practice. There are four core rights that cut across all children’s rights issues that are mentioned before discussing specific areas. First, children, regardless of race, sex, language, religion, disability, or class, are entitled to rights. In other words, all children should enjoy their rights and should not be discriminated against. Second, “the best interests of the child” should be “a primary consideration” in actions or decisions concerning children. Third, children have the right to survival and development. And fourth, children have the right to be consulted and have their views heard in matters that affect them. PsycINFO Database Record (c) 2016 APA, all rights reserved

  8. What Does Health Justice Look Like for People Returning from Incarceration?

    Science.gov (United States)

    Puglisi, Lisa; Calderon, Joseph P; Wang, Emily A

    2017-09-01

    Access to health care is a constitutional right in the United States correctional system, and many incarcerated adults are newly diagnosed with chronic diseases in prison. Despite this right, the quality of correctional health care is variable, largely unmeasured and unregulated, and characterized by patients' widespread distrust of a health system that is intimately tied to a punitive criminal justice system. Upon release, discontinuity of care is the norm, and when continuity is established, it is often hindered by distrust, discrimination, poor communication, and racism in the health system. In this paper, we will propose best practices in transitioning from correctional- to community-based health care and argue that achieving health equity for people with criminal justice involvement in the United States is not possible without ethical provision of health care. © 2017 American Medical Association. All Rights Reserved.

  9. After Foster Care and Juvenile Justice: A Preview of the Youth Villages Transitional Living Evaluation. Policy Brief

    Science.gov (United States)

    Muller-Ravett, Sara; Jacobs, Erin

    2012-01-01

    Young people who are leaving the foster care and juvenile justice systems often experience a difficult transition to adulthood that is characterized by a number of troubling outcomes, including poverty, low levels of education and employment, and housing instability. While some services are available for these populations, there is little evidence…

  10. Traditional justice in the reconciliation between Rwanda and Burundi

    Directory of Open Access Journals (Sweden)

    Antoni Castel

    2009-10-01

    Full Text Available This article reviews the use of traditional justice in two post-conflicts in the Great Lakes region: those of Rwanda and Burundi. In Rwanda, the government, led by the Rwanda Patriotic Front (FPR, has modernised and shaped for its own interests the gacaca, who are responsible for seeking justice for the victims of the 1994 genocide. In Burundi, the government has yet not deployed all the transitional justice mechanisms as envisaged in the Arusha agreement. The bushingantahe (the rehabilitation of whom is also envisaged in the agreement have not yet been incorporated into transitional justice.

  11. Women, truth, justice and reparation in Colombia

    Directory of Open Access Journals (Sweden)

    MarĂ­a Eugenia Ibarra Melo

    2011-07-01

    Full Text Available This paper account for the main collective actions undertaken by two women networks in Colombia: Women’s Peace Route and the Colombian Women Initiative for Peace, during transition justice process and the implementation of the Justice and Peace Law (2004-2009. From a sociological approach to the political process and the gender category, this paper discusses how gender ideologies inform new ways of mobilization affecting discourses, purposes and repertoires of those claiming identities and defending human rights. The main conclusion here is that the feminist influence in redistribution and acknowledgement claims for victims from the armed conflict have encouraged collective actions that begin to modify their relationship to the State. This is proved by their achievements at Court and social acknowledgement victims have gained as social actors.

  12. What Justice for Rwanda? Gacaca versus Truth Commission?

    OpenAIRE

    Reuchamps, Min

    2008-01-01

    In post-genocide Rwanda, in addition to gacaca courts, a truth commission is needed in order to promote justice and foster reconciliation. In the context of transitional justice, retributive justice, which seeks justice and focuses on the perpetrators, appears to be inadequate to lead a society towards reconciliation. Therefore, some forms of restorative justice, which emphasize the healing of the whole society, seem necessary. In Rwanda, gacaca courts and a truth commission are complementary...

  13. Mental health services costs within the Alberta criminal justice system.

    Science.gov (United States)

    Jacobs, Philip; Moffatt, Jessica; Dewa, Carolyn S; Nguyen, Thanh; Zhang, Ting; Lesage, Alain

    2016-01-01

    Mental illness has been widely cited as a driver of costs in the criminal justice system. The objective of this paper is to estimate the additional mental health service costs incurred within the criminal justice system that are incurred because of people with mental illnesses who go through the system. Our focus is on costs in Alberta. We set up a model of the flow of all persons through the criminal justice system, including police, court, and corrections components, and for mental health diversion, review, and forensic services. We estimate the transitional probabilities and costs that accrue as persons who have been charged move through the system. Costs are estimated for the Alberta criminal justice system as a whole, and for the mental illness component. Public expenditures for each person diverted or charged in Alberta in the criminal justice system, including mental health costs, were $16,138. The 95% range of this estimate was from $14,530 to $19,580. Of these costs, 87% were for criminal justice services and 13% were for mental illness-related services. Hospitalization for people with mental illness who were reviewed represented the greatest additional cost associated with mental illnesses. Treatment costs stemming from mental illnesses directly add about 13% onto those in the criminal justice system. Copyright © 2016 Elsevier Ltd. All rights reserved.

  14. 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.

  15. The Criminal justice system in Northern Ireland

    OpenAIRE

    Carr, Nicola

    2017-01-01

    As with any country, crime and justice and the contours of criminal justice have to be situated within the particular historical, social, and political context. Nowhere is this truer than in Northern Ireland, where the criminal justice system that has emerged has been shaped by a violent political conflict which spanned over three decades (from the late 1960s to the late 1990s). In the transition to peace, the reform of criminal justice agencies has been central—to a wider project of state le...

  16. Juvenile Justice in Mexico

    Directory of Open Access Journals (Sweden)

    Martha FrĂ­as Armenta

    2014-08-01

    Full Text Available The first tribunal in Mexico was established in the central state of San Luis Potosi in 1926. The Law Regarding Social Prevention and Juvenile Delinquency for the Federal District and Mexican territories was promulgated in 1928. In 2005, Article 18 of the Mexican Constitution was modified to establish a comprehensive system (“Sistema Integral de justicia” in Spanish of justice for juveniles between 12 and 18 years old who had committed a crime punishable under criminal law. Its objective was to guarantee juveniles all the due process rights established for adults, in addition to the special ones recognized for minors. The constitutional reform also provides a framework that includes special tribunals as well as alternative justice options for juveniles. With these reforms, institutionalization of minors was to be considered an extreme measure applicable only to felonies and to juveniles older than 14. In 2006, all states within the Mexican federation enacted the “Law of justice for adolescents”. This system, at both the federal and state levels, formalizes a new global paradigm with regard to the triangular relationship between children, the State and the Law. It recognizes that children are also bearers of the inherent human rights recognized for all individuals, instead of simply objects in need of protection. However, despite formally aligning Mexican juvenile justice law with the Convention on the Rights of the Child (CRC, issues of actual substantive rights remained and new ones have appeared. For example, juveniles younger than 14 who have not committed a felony are released from institutions without any rehabilitation or treatment options, and alternative forms of justice were included without evaluating their possibilities of application or their conditions for success. In addition, the economic status of most juvenile detainees continues to be one of the most important determining factors in the administration of justice

  17. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice

    Directory of Open Access Journals (Sweden)

    Ansori Ansori

    2014-01-01

    Full Text Available The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children. How To Cite: Ansori, A. (2014. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice. Rechtsidee, 1(1, 11-26. doi:http://dx.doi.org/10.21070/jihr.v1i1.95

  18. What Form of Climate Justice? A Challenge to the Idea of Emissions Rights and Permits

    International Nuclear Information System (INIS)

    Piguet, Frederic-Paul

    2015-01-01

    With the next Conference of the Parties to the UN Framework Convention on Climate Change (COP) coming up in Paris in late 2015, it is probably a good time to examine the philosophical foundations underpinning discussions on the -largely economic- mechanisms likely to modify the behaviour of the main greenhouse-gas emitters. That is, at any rate, the aim of this article by Frederic-Paul Piguet on the notion of 'climate justice', which questions the pertinence of emissions rights and permits, and examines how the limits of the biosphere should be respected, on the basis of the principle of not doing harm to others. After reminding us of the principles of distributive justice as this applies in the environmental field, Piguet demonstrates the inability of that theory to confront the biosphere for what it is: namely, the fundamental precondition for humanity's common good, which must be respected in a way that transcends the generations, its equilibrium taking precedence over all other considerations, including the economic. Applying this conception, the limits of the biosphere must not be evaluated in terms of a 'sociologized' judgment, as is the case at the moment, but an 'ecologized' one, 'recognizing the part of the biosphere that isn't available for humanity's use and mustn't be touched.' Hence the impossibility of distributing emissions rights for the levels that infringe on this untouchable part, and the inadequacy of theories of distributive justice in this regard. Stressing the fact that the capacities of the biosphere cannot be treated as extendable 'spoils' to be shared out, he sees the prohibition on doing harm as the principle that can set the biosphere in its rightful place as the fundamental precondition for the common good. Consequently, high levels of emissions can only be granted a 'transitory tolerance' that underscores their lack of legitimacy. (author)

  19. Protecting Children Rights under International Criminal Justice

    OpenAIRE

    Erinda Duraj (Male)

    2015-01-01

    Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The partic...

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

    International Nuclear Information System (INIS)

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

    2012-12-01

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

  1. Environmental justice and healthy communities

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-12-01

    The environmental justice movement has come a long way since its birth a decade ago in rural and mostly African American Warren County, North Carolina. The selection of Warren County for a PCB landfill, they brought national attention to waste facility siting inequities and galvanized African American church and civil rights leaders` support for environmental justice. The demonstrations also put {open_quotes}environmental racism{close_quotes} on the map and challenged the myth that African Americans are not concerned about or involved in environmental issues. Grassroots groups, after decades of struggle, have grown to become the core of the multi-issue, multiracial, and multi-regional environmental justice movement. Diverse community-based groups have begun to organize and link their struggles to issues of civil and human rights, land rights and sovereignty, cultural survival , racial and social justice, and sustainable development. The impetus for getting environmental justice on the nations`s agenda has come from an alliance of grassroots activists, civil rights leaders, and a few academicians who questioned the foundation of the current environmental protection paradigm--where communities of color receive unequal protection. Whether urban ghettos and barrios, rural {open_quotes}poverty pockets,{close_quotes} Native American reservations, or communities in the Third World, grassroots groups are demanding an end to unjust and nonsustainable environmental and development policies.

  2. Social Justice and the “Green” City

    Directory of Open Access Journals (Sweden)

    Liette Gilbert

    2014-05-01

    Full Text Available A transition to a new, greener urbanism is increasingly imperative in the face of environmental crises. However, such a transition is not possible without considering social justice. This essay examines some ten¬sions between social justice and urban sustainability and some of the reasons why a social justice approach to urban sustainability is often marginalized by a neoliberal sustainability ontology. This essay first engages with various normative concepts of social justice and its long existing but unfulfilled claim in the city. It then considers some gains toward greener urbanism but contends that urban sustainability responses have ge¬nerally been more preoccupied with ecological modernization and the reproduction of best practices rather than with socio-spatial justice. In looking at some workings of green neoliberalism, the essay points to how the ecological is easily recuperated for neoliberal ends. The last section addresses some reasons why the social is de-privileged in the dominant sustainability discourses and practices, and how social justice serves, through citizenship practices, as a claim to urban change where participation is not a bureaucratized process but an everyday practice. Overall, the essay cautions against certain sustainability discourses and green neoliberalism without addressing its ingrained inequalities.

  3. Transitional justice and democratisation nexus: Challenges of ...

    African Journals Online (AJOL)

    One of the major recommendations of Kenya's Truth, Justice, and Reconciliation Commission (TJRC) is the creation of institutions and mechanisms for peacebuilding, reconciliation, and early warning with a view towards harmonising their activities and adopting a coordinated approach. This article explicates the centrality ...

  4. Setting standards of restorative justice

    Directory of Open Access Journals (Sweden)

    Kostić Miomira

    2007-01-01

    Full Text Available In the article the author deals with the basic theoretical statements and discussions about the practical use of restorative justice. She discusses the questions of introducing and application of restorative justice in order to reach the balance of interests between a victim, society and a delinquent. There is no unique statement about the restorative justice concept, so the authors make this concept by listing certain activities with rispect of standards and principles. Also she emphasizes the values of restorative justice process. A part of the article is dedicated to the standards for restorative justice that are harmonized with the international documents of human rights. .

  5. Do it right this time: the role of employee service recovery performance in customer-perceived justice and customer loyalty after service failures.

    Science.gov (United States)

    Liao, Hui

    2007-03-01

    Integrating justice and customer service literatures, this research examines the role of customer service employees' behaviors of handling customer complaints, or service recovery performance (SRP), in conveying a just image of service organizations and achieving desirable customer outcomes. Results from a field study and a laboratory study demonstrate that the dimensions of SRP--making an apology, problem solving, being courteous, and prompt handling--positively influenced customer satisfaction and then customer repurchase intent through the mediation of customer-perceived justice. In addition, service failure severity and repeated failures reduced the positive impact of some dimensions of SRP on customer satisfaction, and customer-perceived justice again mediated these moderated effects. (c) 2007 APA, all rights reserved.

  6. Stoppage in transit and right of control : 'Conflict of rules' ?

    Directory of Open Access Journals (Sweden)

    Časlav Pejović

    2009-08-01

    Full Text Available Stoppage in transit is a common law mechanism of protection of unpaid seller aimed at protecting the seller against the risk of non payment of the price. This seller’s right has been adopted in a modified form by the UN Convention on the International Sale of Goods (CISG. On the other hand, under the rules of maritime law, there is the right of control over the goods performed by the holder of all originals of the negotiable transport document. The stoppage in transit, as defined by the CISG contravenes the right of control under the maritime law rules, particularly in civil law jurisdictions, where the seller does not have the right to stop the goods in transit, unless he is in possession of all originals of a transport document. This â€conflict of rules’ became apparent after the UNCITRAL draft of the Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea was adopted in July 2008. Differently from all previous conventions regulating carriage of goods by sea, this UNCITRAL Draft expressly regulates the issue of right of control during the carriage. Under those provisions, the right of control is in the hands of the holder of all originals of a transport document. Hence, under the UNCITRAL Draft the seller does not have the right to stop the goods in transit, unless he is the holder of all originals of a transport document, which is in conflict with the CISG provision on the stoppage in transit. This paper analyzes this â€conflict of rules’ of these two conventions which were, interestingly, adopted by the same international organization.

  7. The Dilemma Between Peace and Justice. Transitional Justice in Post-conflict Context: the Cases of Guatemala and El Salvador

    Directory of Open Access Journals (Sweden)

    Elena MARTĂŤNEZ BARAHONA

    2016-05-01

    Full Text Available This article aims to describe and explain the trade-off between justice and peace through the analysis of two post-conflict cases: Guatemala and El Salvador. Using the comparative methodology, we analyse the issues of truth, justice and reparation from the Peace Agreements until today.

  8. Social Justice for Crossover Youth: The Intersection of the Child Welfare and Juvenile Justice Systems.

    Science.gov (United States)

    Kolivoski, Karen M; Goodkind, Sara; Shook, Jeffrey J

    2017-10-01

    Social workers are critical to promoting racial and social justice. "Crossover youth," a term used to describe youths who have contact with both the child welfare and juvenile justice systems, are an especially vulnerable but often overlooked population with whom social workers engage. A disproportionate number of crossover youth are African American. Empirical research on crossover youth is growing, but such scholarship rarely engages with a human rights and social justice perspective. African American children and youths have a distinct place within the history and current context of the child welfare and juvenile justice systems. These systems have historically excluded them or treated them differently; now, African American youths are overrepresented in each of them, and evidence suggests they are more likely to cross over. The purpose of this article is to describe the historical and current context of crossover youth, with a particular focus on African American youths, to provide the foundation for a discussion of what social workers can do to promote racial and social justice for crossover youth, including specific implications for practice and policy, as well as broader implications for human and civil rights. © 2017 National Association of Social Workers.

  9. On dealing with the past, transitional justice and archives

    Directory of Open Access Journals (Sweden)

    Syrri Despina

    2008-01-01

    Full Text Available This paper aims to explore initiatives in dealing with the past in South East Europe, particularly with regard to archives, and to reflect on discussions about the documentation of atrocities and sufferings and the shift from war to peace, ongoing in the Balkan countries affected by the 1991-1999 wars while the countries are still struggling to find the best way(s to deal with the past and its consequences. Transitional justice may be framed as opening up different approaches to create collective memories, to share and to transfer these through time-space. New technologies used in archiving are assumed to open new avenues to democratization and accountability, in communication and free circulation of information, and to create a much broader negotiating process, with significant opportunities for the preservation of memory(ies, documentation and contestation - a far more multi-sited, multi-scalar and multi-level board where novel alliances formations and mediations might arise. One particular case is that of the digitization and public accessibility of the tribunals’ archives, which are supposed to constitute an important legal and cultural heritage that belongs to the world community, as well as to the states and the citizens involved. The information contained in these archives is expected to be made available for new forms of use, such as scientific research and investigation by/for surviving rela­tives, while respecting different legal constraints. The archives would also serve the advancement of the international justice system by explaining the workings of the tribunals to the general public. Consequently the important question that arises is the ownership of these archives. The reciprocal "production" and "consumption" (shaping of the colonial narrative of history and identity entail that the former colonizers and colonized are a community of records, sharing a common archival heritage. Therefore, what in Western archival practice is

  10. The Administration of Justice in al-Andalus and the Principles of Justice in Constitutional Democracies

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    exanimating some of the distinctive elements of the Andalusian administration of justice and the role that specialized judges developed. The paper then exposes the meaning and scope of modern principles of justice, as prescribed by Article 10 of the Universal Declaration of Human Rights and in Article 14...

  11. Righting Wrongs: Citizen Journalism and Miscarriages of Justice

    OpenAIRE

    Greer, C.; McLaughlin, E.

    2014-01-01

    This chapter demonstrates the agenda-setting power of citizen journalism in a context of miscarriages of justice. Our empirical analysis focuses on the interaction of media, political and judicial forces following the death of newspaper vendor, Ian Tomlinson, shortly after being struck by a police officer at the G20 Protests in London 2009. We examine the rise of citizen journalism as a key challenge to those institutions that traditionally have been able to control the information environmen...

  12. Legal Capacity and Access to Justice: The Right to Participation in the CRPD

    Directory of Open Access Journals (Sweden)

    Penelope Weller

    2016-03-01

    Full Text Available This article provides an applied analysis of Article 12 (Equal recognition before the law of the Convention on the Rights of Persons with Disabilities (CRPD and Article 13 (Access to justice in the context of Article 6 (Women with disabilities. Recent literature on the CRPD has extended the analysis of Article 12 to consider its broader relevance for the interpretation of Article 13. The interaction between Article 12 and Article 13 is an emerging issue in CRPD debates. This article argues that the CRPD must be interpreted in light of current human rights theory. It provides a case study of the interaction between Article 12 and Article 13 based on the facts recited in the Court of Appeal case in the United Kingdom (RP v Nottingham City Council (2008 and RP’s petition to the European Court of Human Rights (RP and Others v United Kingdom (2012. The analysis shows that CRPD principles could and should have been applied in RP’s case. It concludes that current practices excluding people with disabilities from participation in legal proceedings are contrary to the CRPD.

  13. Justice mechanisms and the question of legitimacy: the example of Rwanda's multi-layered justice mechanisms

    NARCIS (Netherlands)

    Oomen, B.; Ambos, K.; Large, J.; Wierda, M.

    2009-01-01

    Legitimacy, this contribution argues, plays a key role in connecting transitional justice mechanisms to sustainable peace, and strengthening people's perceptions of legitimacy should be of concern to all those involved in these institutions. Here, it is important to take an empirical, people-based

  14. Experiential Social Justice Judgment Processes

    NARCIS (Netherlands)

    Maas, M.

    2008-01-01

    Social justice can be thought of as an idea that exists within the minds of individuals and that concerns issues like what is right and wrong, what ought to be or not to be, and what is fair or unfair. This subjective quality of the justice judgment process makes it rather unpredictable how people

  15. Promoting Human Rights and Justice from the Perspective of the ...

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

    As the economic and political clout of new and emerging powers such as China, ... These tools will help guide IDRC's Governance, Security, and Justice ... of its 2017 call for proposals to establish Cyber Policy Centres in the Global South.

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

    Science.gov (United States)

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

    2013-11-13

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

  17. Gender, justice and work: a distributive approach to perceptions of housework fairness.

    Science.gov (United States)

    Perales, Francisco; Baxter, Janeen; Tai, Tsui-o

    2015-05-01

    Most women and men report that the division of domestic labor in their household is fair, despite women undertaking approximately seventy percent of housework. This raises questions about how fairness is evaluated within partnerships. We explore how parenthood and relationship transitions affect perceptions of housework fairness using panel data from the Household, Income and Labour Dynamics in Australia Survey and panel regression models. Our results indicate that net of actual housework divisions, socio-demographic factors, time availability and relative resources, the transition to parenthood increases women's perceptions of housework fairness immediately following the birth of a child, but decreases them in the long run. Relationship transitions have no independent effects. Our findings suggest that parenthood transitions are associated with changes in women's identity, cognitive evaluations of fairness and feelings of entitlement, as indicated by distributive justice theory. Copyright © 2015 Elsevier Inc. All rights reserved.

  18. "The Civil Rights Movement of the 1990s?": The anti-abortion movement and the struggle for racial justice.

    Science.gov (United States)

    Hughes, Richard L

    2006-01-01

    In 1964, Claude and Jeanne Nolen, who were white, joined an interracial NAACP team intent on desegregating local restaurants in Austin, Texas as a test of the recently passed Civil Rights ACt. Twenty-five years later, the Nolens pleaded "no contest" in a courtroom for their continued social activism. This time the issue was not racial segregation, but rather criminal trespassing for blockading abortion clinics with Operation Rescue. The Nolens served prison sentences for direct action protests that they believe stemmed from the same commitment to Christianity and social justice as the civil rights movements. Despite its relationship to political and cultural conservatism, the anti-abortion movement since Roe v. Wade (1973) was also a product of the progressive social movements of the turbulent sixties. Utilizing oral history interviews and organizational literature, the article explores the historical context of the anti-abortion movement, specifically how the lengthy struggle for racial justice shaped the rhetoric, tactics, and ideology of the anti-abortion activists. Even after political conservatives dominated the movement in the 1980s, the successes and failures of the sixties provided a cultural lens through which grassroots anti-abortion activists forged what was arguably the largest movement of civil disobedience in American history.

  19. The Relation between Theory of Justice of John Rawls by Kant's Ethics and Hegel's philosophy of Right

    Directory of Open Access Journals (Sweden)

    Hazhir Mehri

    2010-12-01

    "Theory of justice" due to the boroad variety of social sciences, audience many attracted. Readers of this theory found a wide variety of disciplines ranging from psychology and economic to ethical issues. Selected topic for which it repeatedly Rawls in his book and his theory  named the Kantian and did not name in Hegel, the Hegelian's philosophy of Right theory of the hidden angles of this article will focus on, as well as his abut influence on some views Interpreters

  20. The Social Justice Perspective

    Science.gov (United States)

    Loewen, Gladys; Pollard, William

    2010-01-01

    This article shines an important light on the continuing struggle of disabled people for dignity, citizenship rights, and access to the marketplace. Common threads bind the struggle for basic human rights among disenfranchised groups, offer experience and approaches to facilitate change, and move society towards social justice. The philosophy…

  1. Does Judicial Independence explain Post-transitional Justice? ÂżPuede la independencia judicial explicar la justicia postransicional?

    Directory of Open Access Journals (Sweden)

    Elin SKAAR

    2012-10-01

    Full Text Available Post-transitional justice in Latin America started in the Southern Cone in the mid-1990s and gradually spread to a number of countries which are seeking to address the human rights violations committed during the authoritarian regimes that dominated the continent from 1970s to the early 1990s. To distinguish trials at the time of transition from trials that take place years into the consolidation phase, this article develops a theoretical framework that explains variations in the propensity to prosecute the military for gross human rights violations (i.e., the number of trials across time and across countries. The main argument presented here is that constitutional reforms have made Latin American judges more prone to prosecute the military for past human right violations because judges now enjoy more independence from powerful Executives and the hierarchy of the judicial system has loosened, making lower court judges less dependent on their superiors. As a result, judges, especially those sympathetic to a human rights agenda, can push prosecutions more forcefully than they could before.La justicia postransicional se inició en el Cono Sur de América Latina a mediados de la década de 1990 y gradualmente se ha expandido a otros países que buscan afrontar violaciones de derechos humanos cometidas durante los regímenes autoritarios que dominaron el continente desde la década de 1970 hasta inicios de la década de 1990. Para diferenciar los juicios de la transición de los juicios que se llevaron a cabo años después durante la fase de consolidación democrática, este artículo desarrolla un marco teórico que explica las variaciones en la tendencia a juzgar a los militares por graves violaciones de derechos humanos (por ejemplo, el número de juicios a lo largo del tiempo y entre países. El argumento principal que aquí se presenta es que las reformas constitucionales han hecho que los jueces latinoamericanos sean más propensos a perseguir

  2. La constitutionnalisation de la justice transitionnelle

    Directory of Open Access Journals (Sweden)

    Luis Miguel Gutiérrez Ramírez

    2015-07-01

    Full Text Available La présente contribution se propose d’analyser les rapports qu’entretiennent la justice transitionnelle et les transitions constitutionnelles. Le processus d’écriture d’un nouveau texte constitutionnel ou son amendement est tout au centre des processus de transition démocratique. La Constitution déterminera en effet le cadre normatif dans lequel les politiques transitionnelles seront confrontées, en assurant leur légitimité ainsi qu’une certaine cohérence dans une démarche holistique ou globale. Même si les logiques de ces deux processus semblent assez éloignées par le fait que la justice transitionnelle est par essence provisoire, temporaire, définie dans le temps, tandis que la Constitution au contraire a un caractère pérenne et intemporel, un commun dénominateur s’impose pour les relier : celui de la (reconstruction d’un nouvel État de droit.

  3. Health Law as Social Justice.

    Science.gov (United States)

    Wiley, Lindsay F

    2014-01-01

    Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

  4. Right to the city: Applying justice tests to public transport investments

    NARCIS (Netherlands)

    Nazari Adli, Saeid; Donovan, Stuart

    Many policy-makers are grappling with the twin challenges posed by growing travel demands and persistent socioeconomic inequality. To address these issues, numerous studies propose and apply “justice tests”, which relate the effects of transport policies to prevailing socioeconomic deprivation.

  5. Does subsequent criminal justice involvement predict foster care and termination of parental rights for children born to incarcerated women?

    Science.gov (United States)

    Kubiak, Sheryl Pimlott; Kasiborski, Natalie; Karim, Nidal; Schmittel, Emily

    2012-01-01

    This longitudinal study of 83 incarcerated women, who gave birth during incarceration and retained their parental rights through brief sentences, examines the intersection between subsequent criminal justice involvement postrelease and child welfare outcomes. Ten years of multiple state-level administrative data sets are used to determine if arrest or conviction predict foster care and/or termination of parental rights. Findings indicate that only felony arrest is a significant predictor of foster care involvement. Additionally, 69% of mothers retained legal custody, despite subsequent criminal involvement for many, suggesting supportive parenting programs and resources need to be available to these women throughout and after incarceration.

  6. Prabowo and the shortcomings of international justice

    DEFF Research Database (Denmark)

    Tan, Nikolas Feith

    2015-01-01

    under the jurisdiction of the International Criminal Court, temporal jurisdiction renders prosecution impossible. This article explores Prabowo’s human rights abuses, and how international criminal law has failed to achieve justice for these crimes. It concludes that Prabowo’s political rise threatens...... the aims of international criminal justice....

  7. The Relation between Theory of Justice of John Rawls by Kant's Ethics and Hegel's philosophy of Right

    Directory of Open Access Journals (Sweden)

    Dirbaz, A

    2011-01-01

    Full Text Available After the famous book on political philosophy of Karl Popper and in support of the liberal doctrine titled" Open society and its enemies", the most famous theory of John Rawls, the university of Harwaed professor in political philosophy in, which a book titled" A theory of justice "was published in 1971. This book includes several articles that eventually, has formed like a book has increased a wide audience in the university and professional journals, particularly in English –speaking countries. Rawls book, based on ethical approach –the political challenge with common issues, including comments utilitarianism payment. Rawl's theory of john Stuart Mill, David Hume and the ethical discussion sidgwick quit common and was considered beyond established based tradition of ethical contractivism and deontological ethics theory of Kant and Hegel's philosophy of right to and re-design concepts of his theory in the tradition of normative political philosophy west restored."Theory of justice" due to the boroad variety of social sciences, audience many attracted. Readers of this theory found a wide variety of disciplines ranging from psychology and economic to ethical issues. Selected topic for which it repeatedly Rawls in his book and his theory named the Kantian and did not name in Hegel, the Hegelian's philosophy of Right theory of the hidden angles of this article will focus on, as well as his abut influence on some views Interpreters.

  8. Juvenile Justice Paradigms and Improvement of Realization of the Constitutional Rights and Freedoms of Man and Citizen in Russiay

    OpenAIRE

    Arpentieva M. R.

    2015-01-01

    The article is devoted to the problems of implementation and procedures of reconstructing model of juvenile justice system, it considers foreign and domestic experience (problems) of juvenile justice. The author compares the doctrines of juvenile justice, including the doctrine of punitive and understanding justice.

  9. Realising the child's best interests: lessons from the Child Justice ...

    African Journals Online (AJOL)

    ... Act to refine the Schools Act with regard to serious matters of school discipline and to ensure its proper alignment with the constitutional imperatives regarding the best-interests-of-the-child right. Keywords: School discipline; child justice; the best interests of the child; children's rights; education law; restorative justice ...

  10. Juvenile Justice Paradigms and Improvement of Realization of the Constitutional Rights and Freedoms of Man and Citizen in Russiay

    Directory of Open Access Journals (Sweden)

    Arpentieva M. R.

    2015-07-01

    Full Text Available The article is devoted to the problems of implementation and procedures of reconstructing model of juvenile justice system, it considers foreign and domestic experience (problems of juvenile justice. The author compares the doctrines of juvenile justice, including the doctrine of punitive and understanding justice.

  11. PEMBATASAN HAK KASASI DAN KONSEKUENSI HUKUM BAGI PENCARI KEADILAN DALAM SISTEM PERADILAN TATA USAHA NEGARA DI INDONESIA / The Restriction of Cassation Right and the Consequence for Justice Seeker in Indonesian Administrative Justice System

    Directory of Open Access Journals (Sweden)

    Agus Budi Susilo

    2016-07-01

    There were appeal legal effort, cassation and judicial review on Administrative Court. After the Supreme Court Act article 45A paragraph (2 letter c was applied, it was determined that not all administrative settlement dispute can be filled to cassation legal effort. The setting restriction poses legal problems to justice seekers. This article aims to study the solution of cassation rights setting restrictions so that it can be mutual for administrative justice seekers. Based on the analysis that has been done it can be concluded that the regulation on Supreme Court Act article 45A paragraph (2 letter c Act number 5 2014 was not clear in procedures and substantive. Thus the setting restriction in cassation legal effort has to consider the aspect of quality and cases type.

  12. Realising social justice in public health law.

    Science.gov (United States)

    Fox, Marie; Thomson, Michael

    2013-03-01

    Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.

  13. Social and occupational justice barriers in the transition from foster care to independent adulthood.

    Science.gov (United States)

    Paul-Ward, Amy

    2009-01-01

    The professional discourse on social justice suggests that more critical work is needed to sufficiently address the societal issues that affect occupational therapy practitioners' ability to advocate for and with clients. Occupational therapy offers unique opportunities for the scholarly discussion of social justice and for clinical practice to address these issues. This article discusses the importance of incorporating a social justice perspective into occupational therapy by using an example from the author's research program. The experiences of adolescents in foster care were documented in an ongoing qualitative participatory study. An overview of adolescents' (N = 40) perceived independent living and vocational service needs is provided, and several barriers that affect adolescents' ability to develop the skills needed to achieve independent adulthood are described. The article concludes with a discussion of social justice implications as they relate to the myriad issues in the foster care system, occupational therapy research, and practice.

  14. Operationalizing Social Justice Counseling: Paradigm to Practice

    Science.gov (United States)

    Lewis, Judith A.

    2011-01-01

    Social justice counseling, like all humanistic models, recognizes the dignity of each human being, affirms the right of all people to choose and work toward their own goals, and asserts the importance of service to community. The social justice paradigm brings a special emphasis on the role of the environment. (Contains 1 figure and 1 table.)

  15. Brief Approach to Fundamental Issues Regarding Transitional Justice. Focus on Certain Particularities of Taxable Sanctions within the Special Jurisdiction for Peace

    Directory of Open Access Journals (Sweden)

    Luisa Fernanda Caldas Botero

    2016-06-01

    Full Text Available This document exposes different trains of thought regarding legal issues as a result of the peace agreement reached by the National Government and farc-ep (Revolutionary Armed Forces of Colombia-People’s Army. The paper shows a detailed analysis in regards of the punishments applied in transitional justice, the differente theories regarding punishment and their application to the agreement reached by both parties, seeking to establish if the agreed is congruent with international agreements and the Constitution.

  16. Specious Rights: Myth vs. Reality in the American Criminal Justice System

    Science.gov (United States)

    Reinhardt, William R.

    2010-01-01

    Contrary to the dominant discourse metanarrative, this dissertation explores, re-exposes, and updates the generally hidden realities of what is actually taking place in the current operation of the American criminal justice system. The government/dominant discourse benefits from the amorphous ambiguity of the law in conjunction with its usage of…

  17. Justice heals: the impact of impunity and the fight against it on the recovery of severe human rights violations' survivors.

    Science.gov (United States)

    Rauchfuss, Knut; Schmolze, Bianca

    2008-01-01

    Case studies show that traumatized refugees, who are survivors of serious human rights violations, suffer from persisting impunity in their home countries. Ongoing impunity--the inability to overcome the legal protection of the perpetrators assured by impunity laws, incomplete truthfinding, missing integral reparation and a lack of the necessary acknowledgement by society--represents an important obstacle for the recovery of survivors of serious human rights violations. There are reports describing that a high percentage of survivors shows an elevated mental vulnerability caused by impunity. Mental health problems resulting from traumatic experiences can persist or be reactivated by certain events. In particular, family members of the forcibly disappeared suffer from an incomplete mourning due to the uncertain fate of their beloved ones. The ongoing search for the forcibly disappeared under an atmosphere of impunity puts family members under high risk of retraumatization. Studies from other continents also prove that impunity severely affects mental health. Due to the global character of impunity there can be only little evidence about a positive impact of justice on mental health. Nevertheless, a few examples, in particular from Latin America, show that the combined implementation of memory, truth and justice can have a healing impact on those who suffer from trauma. They demonstrate that the fight against impunity is not only a legitimate moral struggle for human rights, but also a basic need for the sustainable recovery of survivors.

  18. The Challenges of Transitional Justice in Nigeria: Echoes from the ...

    African Journals Online (AJOL)

    Nonetheless, the victims' petitions were heard, to that effect, neither retributive nor restorative justice was offered to them. As tradition permits, the report will usually be published and implemented immediately. Nigerians waited patiently without recourse. Six months later, the Government of Obasanjo surprisingly annulled ...

  19. Social Justice Attitudes and Concerns for Labor Standards

    Directory of Open Access Journals (Sweden)

    Michaela Schulz

    2017-01-01

    Full Text Available This study utilizes an adapted version of the Social Justice Scale to capture and assess the extent to which social-justice-related values and attitudes toward labor standards relate to consumer intentions and behaviors. This social cognitive model assesses, based on Ajzen’s theory of planned behavior, how “perceived behavior control” affects these behaviors either directly or indirectly through consumers’ intentions. It is hypothesized that individuals who value fairness and equity in social interactions are going to be more likely to engage with businesses that are known for ethical business practices and abstain from firms that are known to violate labor rights. The results confirm that consumers who are concerned with social justice are less likely to conduct business with enterprises that have the reputation of violating both human rights and labor rights. However, the results also reveal that consumers with low levels of “perceived behavioral control” justify their consumer behaviors as they do not think that they can make a difference.

  20. The Relation between Theory of Justice of John Rawls by Kant\\\\\\'s Ethics and Hegel\\\\\\'s philosophy of Right

    Directory of Open Access Journals (Sweden)

    Asgar Dirbaz

    2011-01-01

    "Theory of justice" due to the boroad variety of social sciences, audience many attracted. Readers of this theory found a wide variety of disciplines ranging from psychology and economic to ethical issues. Selected topic for which it repeatedly Rawls in his book and his theory  named the Kantian and did not name in Hegel, the Hegelian's philosophy of Right theory of the hidden angles of this article will focus on, as well as his abut influence on some views Interpreters

  1. Staging transition: the Oresteia in post-apartheid South Africa

    NARCIS (Netherlands)

    van Weyenberg, A.; Bal, M.; Hernández-Navarro, M.Ă.

    2011-01-01

    Aeschylus' Oresteia dramatizes the meaning and political deployment of justice, concluding with the transformation of justice as vengeance into the legal justice of Athens's new democracy. In this essay, I examine two dramatic texts that draw on the Oresteia within another context of transitional

  2. New frontiers and conceptual frameworks for energy justice

    International Nuclear Information System (INIS)

    Sovacool, Benjamin K.; Burke, Matthew; Baker, Lucy; Kotikalapudi, Chaitanya Kumar; Wlokas, Holle

    2017-01-01

    This article explores how concepts from justice and ethics can inform energy decision-making and highlight the moral and equity dimensions of energy production and use. It defines “energy justice” as a global energy system that fairly distributes both the benefits and burdens of energy services, and one that contributes to more representative and inclusive energy decision-making. The primary contribution of the article is its focus on six new frontiers of future energy justice research. First is making the case for the involvement of non-Western justice theorists. Second is expanding beyond humans to look at the Rights of Nature or non-anthropocentric notions of justice. Third is focusing on cross-scalar issues of justice such as embodied emissions. Fourth is identifying business models and the co-benefits of justice. Fifth is better understanding the tradeoffs within energy justice principles. Sixth is exposing unjust discourses. In doing so, the article presents an agenda constituted by 30 research questions as well as an amended conceptual framework consisting of ten principles. The article argues in favor of “justice-aware” energy planning and policymaking, and it hopes that its (reconsidered) energy justice conceptual framework offers a critical tool to inform decision-making. - Highlights: • We need “justice-aware” energy policy. • A revised energy justice conceptual framework offers a critical tool to inform decision making. • New fields of inquiry for energy justice research and practice exist. • Tradeoffs and weighing competing justice claims occur in practice.

  3. The uniqueness of the energy security, justice, and governance problem

    International Nuclear Information System (INIS)

    Goldthau, Andreas; Sovacool, Benjamin K.

    2012-01-01

    This article argues that among all policy fields exhibiting externalities of a global scale, energy stands out on four dimensions: vertical complexity, horizontal complexity, higher entailed costs, and stronger path dependency. These structural attributes are at odds with contemporary key challenges of energy security, energy justice, and low carbon energy transition. With regard to the latter, energy governance challenges occur related to unclear levels of authority and weak resilience. This has implications for energy scholarship, specifically relating to the political economy of energy transitions, discussions about common pool resources, systems analysis, and other neighboring disciplines. - Highlights: â–ş Among all policy fields exhibiting global externalities, energy stands out. â–ş It is characterized by greater complexity, higher costs, and stronger path dependency. â–ş This is at odds with key challenges relating to security, justice, and transition. â–ş Problems are particularly related to unclear levels of authority and weak resilience. â–ş Energy scholarship needs to focus further on these issues.

  4. Law and justice in Post-Soviet Russia: Strategies of constitutional modernization

    Directory of Open Access Journals (Sweden)

    Andrei N. Medushevsky

    2012-07-01

    Full Text Available The relationships between notions of law and justice – the central argument in political debates of transition periods. The law is defined in contemporary political science as a special form of social organization which represents itself as a value, norm and fact. The complex interpretation of law as a multidimensional phenomenon is possible only if these three competing parameters are taken into consideration. Another side of the problem is the definition of justice as an ideal, norm or historical tradition. Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law. The establishment of a new constitutional order is simultaneously the result and the main premise of this transformation. At the focus of our approach is the comparison between conservative, liberal and pragmatic strategies of legal and constitutional transformation.

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

    Directory of Open Access Journals (Sweden)

    Elisabeta SLABU

    2017-06-01

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

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

    NARCIS (Netherlands)

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

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Wemmers Jo-Anne

    2012-01-01

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

  8. Incorporating Indigenous Rights and Environmental Justice into Fishery Management: Comparing Policy Challenges and Potentials from Alaska and HawaĂ­i

    Science.gov (United States)

    Richmond, Laurie

    2013-11-01

    Colonial processes including the dispossession of indigenous lands and resources and the development of Western management institutions to govern the use of culturally important fish resources have served in many ways to marginalize indigenous interests within the United States fisheries. In recent years, several US fishery institutions have begun to develop policies that can confront this colonial legacy by better accommodating indigenous perspectives and rights in fishery management practices. This paper analyzes two such policies: the 2005 community quota entity program in Alaska which permits rural communities (predominantly Alaska Native villages) to purchase and lease commercial halibut fishing privileges and the 1994 State of HawaĂ­i community-based subsistence fishing area (CBSFA) legislation through which Native Hawaiian communities can designate marine space near their community as CBSFAs and collaborate with the state of HawaĂ­i to manage those areas according to traditional Hawaiian practices. The analysis reveals a striking similarity between the trajectories of these two policies. While they both offered significant potential for incorporating indigenous rights and environmental justice into state or federal fishery management, they have so far largely failed to do so. Environmental managers can gain insights from the challenges and potentials of these two policies. In order to introduce meaningful change, environmental policies that incorporate indigenous rights and environmental justice require a commitment of financial and institutional support from natural resource agencies, a commitment from indigenous groups and communities to organize and develop capacity, and careful consideration of contextual and cultural factors in the design of the policy framework.

  9. Global health justice and governance.

    Science.gov (United States)

    Ruger, Jennifer Prah

    2012-01-01

    While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors.

  10. Spheres of Justice within Schools

    DEFF Research Database (Denmark)

    Sabbagh, Clara; Resh, Nura; Mor, Michal

    2006-01-01

    This article argues that there are distinct spheres of justice within education and examines a range of justice norms and distribution rules that characterize the daily life of schools and classrooms. Moving from the macro to micro level, we identify the following five areas: the right to education......, the allocation of (or selection into) learning places, teaching–learning practices, teachers’ treatment of students, and student evaluations of grade distribution. We discuss the literature on the beliefs by students and teachers about the just distribution of educational goods in these five domains......, and on the practices used in the actual allocation of these goods. In line with normative â€spheres of justice’ arguments in social theory, we conclude that the ideals of social justice within schools vary strongly according to the particular resource to be distributed. Moreover, these ideals often do not correspond...

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

    Science.gov (United States)

    Gregg, Dennis R.

    1991-01-01

    Discusses distributive justice in teaching social studies. Argues that utilitarianism is an inadequate basis for distributive justice because it does not allow for the primacy of civil or natural rights. Suggests addressing such issues in class to encourage student consideration of fundamental principles and their application to contemporary…

  12. Victor's justice: atrocities in postwar Nigeria.

    Science.gov (United States)

    Omaka, Arua Oko

    2016-01-01

    The Nigerian Government's declaration of 'no victor, no vanquished' after the capitulation of Biafra on 12 January 1970, was applauded as the right step towards reconciliation and transition from war to peace. Despite this declaration and assurance of amnesty, the Nigerian Government and its soldiers still engaged in acts that amounted to retributive justice. They starved and killed innocent Biafran civilians, looted their property and raped their women. Surprisingly, these postwar atrocities committed against former Biafrans have been largely ignored in the historiography of the Nigeria-Biafra War. This paper seeks to fill the gap in the war literature by interrogating Nigerian Government's attitude towards the postwar humanitarian crisis and crimes against humanity in former Biafra. The paper argues that former Biafrans were not fully reintegrated into the Nigerian society and that the Nigerian Government deliberately neglected them to die in large numbers, thereby making it difficult for the war victims to recover from the hardships of the conflict.

  13. Training Social Justice Journalists: A Case Study

    Science.gov (United States)

    Nelson, Jacob L.; Lewis, Dan A.

    2015-01-01

    Journalism schools are in the midst of sorting through what it means to prepare journalists for a rapidly transitioning field. In this article, we describe an effort to train students in "social justice journalism" at an elite school of journalism. In our ethnographic analysis of its first iteration, we found that this effort failed to…

  14. Restorative Justice in Indonesia: Traditional Value

    Directory of Open Access Journals (Sweden)

    Eva Achjani Zulfa

    2011-05-01

    Full Text Available “Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases. Unlike the approach used in conventional criminal justice system, this approach focuses on the direct participation of perpetrators, victims and society in the settlement process. This theory of the approach is still debated, but the view is in fact growing and it exercises a lot of influence on legal policies and practices in several countries. The UN through its basic principles considers the approach of restorative justice as the approach which could be used in the rational criminal justice system. Restorative justice is a concept of thinking that supports the development of the criminal justice system with emphasis on the required involvement of the community. It is also involving the casualties who with the current criminal justice system are excluded. In several countries, restorative justice has been translated into a variety of formulations to accommodate a variety of values, philosophical basis, terms, strategies, mechanisms, and programs. Good consultation with the perpetrators and the victims themselves may provide the public with a different mindset in preventing emerging problems. This process can involve the police, prosecutorial institution or the traditional institutions. Therefore, without excluding the work in the formal legal system, the institutional mechanism for resolution through consultation was working in the community. In the various principles and models of the restorative justice approach, the process of dialogue between the perpetrator and the victim is a fundamental and the also the most important part of the application of the restorative justice. The direct dialogue between the perpetrator and the victim gave the victim the opportunity to express what he/she felt, hope for human rights and the desire to reach a criminal settlement.

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

    Directory of Open Access Journals (Sweden)

    - Junaedi

    2014-10-01

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

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

    Science.gov (United States)

    Skarlicki, Daniel P; van Jaarsveld, Danielle D; Shao, Ruodan; Song, Young Ho; Wang, Mo

    2016-01-01

    The multifoci perspective of justice proposes that individuals tend to target their (in)justice reactions toward the perceived source of the mistreatment. Empirical support for target-specific reactions, however, has been mixed. To explore theoretically relevant reasons for these discrepant results and address unanswered questions in the multifoci justice literature, the present research examines how different justice sources might interactively predict target-specific reactions, and whether these effects occur as a function of moral identity. Results from a sample of North American frontline service employees (N = 314, Study 1) showed that among employees with lower levels of moral identity, low supervisor justice exacerbated the association between low customer justice and customer-directed sabotage, whereas this exacerbation effect was not observed among employees with higher levels of moral identity. This 3-way interaction effect was replicated in a sample of South Korean employees (N = 265, Study 2). (c) 2016 APA, all rights reserved).

  17. 75 FR 78147 - Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010

    Science.gov (United States)

    2010-12-14

    ..., certain rights belong to all people: freedom to live as they choose, to speak openly, to organize... in the rule of law. Freedom, justice, and peace for the world must begin with basic security and... rights a reality for every person, regardless of race, gender, religion, nationality, sexual orientation...

  18. Model(ing) Law: The ICTY, the International Criminal Justice Template, and Reconciliation in the Former Yugoslavia

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2013-01-01

    My project uses the case study of the ICTY and reconciliation in the Balkans to address the larger topic of the capacity of international criminal tribunals (ICTs) as transitional justice mechanisms. I argue that the ICTY operates under the (flawed) received wisdom of the IMT at Nuremberg, what I...... term the international criminal justice template. This template accords three transitional justice functions for ICTs beyond (and in conjunction with) their central judicial aim of adjudicating cases: as (1) articulators of progressive criminal law (2) historians and (3) reconcilers or storytellers. My...... and the development of international law and society studies, in order to better theorize and understand the structural and theoretical constraints governing the establishment of legitimacy for international criminal courts....

  19. Social justice and the formal principle of freedom

    Directory of Open Access Journals (Sweden)

    Nikolić Olga

    2017-01-01

    Full Text Available The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek’s Law, Legislation and Liberty and Robert Nozick’s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1 the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2 the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant’s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant’s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.

  20. Social justice praxis in education: Towards sustainable ...

    African Journals Online (AJOL)

    Lastly, these practitioners aligned their management strategies with human rights values, as well as human dignity and equality, and their strategies found pride of place in extant ubuntu principles. Keywords: determinants; education; human rights; management strategies; restorative; social justice praxis; sustainable ...

  1. Social Justice and Spirituality: Educating for a Complicated Workplace

    Science.gov (United States)

    English, Leona M.; Cameron, Paula

    2016-01-01

    This chapter proposes a spiritually relevant and social justice pedagogy that assists learners in making the transition to the workplace. Key elements of this spirituality include religion, cultural diversity, identity, health, and social class. Pedagogical strategies for infusing this spirituality in the curriculum are given.

  2. Rural science education as social justice

    Science.gov (United States)

    Eppley, Karen

    2017-03-01

    What part can science education play in the dismantling of obstacles to social justice in rural places? In this Forum contribution, I use "Learning in and about Rural Places: Connections and Tensions Between Students' Everyday Experiences and Environmental Quality Issues in their Community"(Zimmerman and Weible 2016) to explicitly position rural education as a project of social justice that seeks full participatory parity for rural citizens. Fraser's (2009) conceptualization of social justice in rural education requires attention to the just distribution of resources, the recognition of the inherent capacities of rural people, and the right to equal participation in democratic processes that lead to opportunities to make decisions affecting local, regional, and global lives. This Forum piece considers the potential of place-based science education to contribute to this project.

  3. Longitudinal relationships between organizational justice, productivity, loss and sickness absence older employees

    OpenAIRE

    Ybema, J.F.; Meer, L. van der; Leijten, F.R.M.

    2016-01-01

    Purpose The aim of this study was to assess whether organizational justice lowers productivity loss and sickness absence, and whether there are reverse effects of productivity loss and sickness absence on organizational justice.Method A longitudinal study with 2 years of follow-up was conducted among employed persons aged 45–64 years from the Study on Transitions in Employment, Ability and Motivation (STREAM). Participants (N = 7011) yearly filled out an online questionnaire. Structural equat...

  4. Mathematics education for social justice

    Science.gov (United States)

    Suhendra

    2016-02-01

    Mathematics often perceived as a difficult subject with many students failing to understand why they learn mathematics. This situation has been further aggravated by the teaching and learning processes used, which is mechanistic without considering students' needs. The learning of mathematics tends to be just a compulsory subject, in which all students have to attend its classes. Social justice framework facilitates individuals or groups as a whole and provides equitable approaches to achieving equitable outcomes by recognising disadvantage. Applying social justice principles in educational context is related to how the teachers treat their students, dictates that all students the right to equal treatment regardless of their background and completed with applying social justice issues integrated with the content of the subject in order to internalise the principles of social justice simultaneously the concepts of the subject. The study examined the usefulness of implementing the social justice framework as a means of improving the quality of mathematics teaching in Indonesia involved four teacher-participants and their mathematics classes. The study used action research as the research methodology in which the teachers implemented and evaluated their use of social justice framework in their teaching. The data were collected using multiple research methods while analysis and interpretation of the data were carried out throughout the study. The findings of the study indicated that there were a number of challengesrelated to the implementation of the social justice framework. The findings also indicated that, the teachers were provided with a comprehensive guide that they could draw on to make decisions about how they could improve their lessons. The interactions among students and between the teachers and the students improved, they became more involved in teaching and learning process. Using social justice framework helped the teachers to make mathematics more

  5. Justice Project en Asie du Sud | IDRC - International Development ...

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

    Le Justice Project réunit des documentaristes de renom, des chercheurs chevronnés et des praticiens afin de documenter l'état de la justice dans la région. Seront ... As countries in South Asia move toward greater economic integration, a range of interconnected challenges to constitutional and human rights guarantees are ...

  6. Engaging Public Space: Art Education Pedagogies for Social Justice

    Science.gov (United States)

    Duncum, Paul

    2011-01-01

    Considering social justice to be founded on human rights, which, in turn, are grounded in freedom of thought, expression, and assembly, this essay reviews efforts by art educators to engage with public space as a form of social justice pedagogy. Public space, whether actual or virtual, is understood to be inherently devoted to contestation in the…

  7. Social justice and religious participation: a qualitative investigation of Christian perspectives.

    Science.gov (United States)

    Todd, Nathan R; Rufa, Anne K

    2013-06-01

    This investigation examines how self-identified Christians in the Midwest U.S. understand and work for social justice, with a focus on their process of social justice development and the role of religious congregations in promoting social justice. Using a grounded theory analysis of 15 in-depth interviews, results indicated multiple understandings of social justice such as meeting basic needs, fixing social structures and systems to create equal distributions of resources, promoting human rights and dignity, and as a religious responsibility. Participants also described a process of social justice development facilitated by exposure to injustice, mentors, educating others, and the importance of finding a social justice community. Distinct personal barriers to social justice engagement were identified such as resources and negative emotions, whereas congregational leadership was important for congregational involvement. General frustration with congregations was expressed regarding low social justice engagement; however, participants balanced this frustration with hope for the positive potential of congregations to promote social justice. Together these findings show multifaceted understandings of social justice and a dynamic process of social justice development for these self-identified Christians. Implications for future research and partnership with religious individuals and congregations also are discussed.

  8. Distributive Justice in the State of Nature: An Egalitarian View ...

    African Journals Online (AJOL)

    Like many writers in the natural rights tradition, I take for granted that distributive justice consists in conformity to pre-political principles that apply to property regimes. Against the background of that assumption, the paper distinguishes between broadly Lockean and broadly Grotian conceptions of distributive justice in the ...

  9. Solidarity, justice, and recognition of the other.

    Science.gov (United States)

    Ter Meulen, Ruud

    2016-12-01

    Solidarity has for a long time been referred to as the core value underpinning European health and welfare systems. But there has been debate in recent years about whether solidarity, with its alleged communitarian content, can be reconciled with the emphasis on individual freedom and personal autonomy. One may wonder whether there is still a place for solidarity, and whether the concept of justice should be embraced to analyse the moral issues regarding access to health care. In this article, I will answer this question by analysing the normative foundations of the concept of justice, followed by a deeper examination of the concept of solidarity in continental philosophy. More specifically, I will compare the philosophical traditions rooted in Kant (with emphasis on autonomy and individual rights) to approaches rooted in Hegel (with emphasis on individual relations of recognition). In addition, I will present the work of Avishai Margalit on the decent society to criticize a predominantly liberal approach to access to health care. The importance of solidarity lies particularly in its emphasis on relational aspects and the role of recognition in care practices, which are usually ignored in liberal approaches to justice. However, the article will argue that solidarity is not an alternative to a rights-based concept of justice, but must be considered as a necessary complement to it.

  10. Religious Education towards Justice: What Kind of Justice Is to Be Taught in a Christian Context?

    Directory of Open Access Journals (Sweden)

    Monika Bobbert

    2017-02-01

    Full Text Available Education is a human right. It prepares human beings for life, helps to develop individual abilities and opens up social opportunities—e.g., earning one’s own living. Religion interprets our human existence in connection to a transcendental dimension. Religion can also influence moral values and behavior. The Christian religion established a basis for social life, and thus deals with religious and moral justice. As the Christian faith is understood as the identity of the qualities of love of God, of your neighbor and even of your enemy, it has to look for justice in the world. Modern Christian ethics does unfold interpersonal and global justice for all people and tries to give good reasons for moral claims. Religious education in a Christian context has to answer the question of what kind of justice is to be taught and by what means justice, as a goal of education, can be reached within such a setting. This article will unfold, from an ethical point of view, what kind of knowledge and competence teachers must have and what kind of goals can be followed with regard to their pupils or students. The results of this reflection imply certain pedagogical methods and means and exclude others—although it is not possible to go more deeply into a pedagogical discussion.

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  12. The tension between cross-border cooperation in the European Area of Freedom, Security and Justice and the fundamental rights of mentally ill offenders in detention.

    Science.gov (United States)

    Meysman, Michaël

    2016-01-01

    In two recent judgements, the European Court of Human Rights (ECtHR) has given an alarming signal regarding the placement, care and treatment of mentally disordered offenders in Belgium. This article analyses these judgements and the Court's assessment that Belgium faces a structural problem regarding the detention of people with a mental illness in prison. By exploring other recent ECtHR decisions across the EU and combining this with an analysis of international norms and standards, it contends that there is something amiss regarding the post-trial approach towards mentally disordered offenders in an EU-wide context. The potential hazards of this situation, from both an individual and an EU perspective are then presented by analysing the EU Framework Decision on the transfer of prisoners (which aims to facilitate offender rehabilitation) and the EU Court of Justice's interpretation of the relationship between instruments like the Framework Decision that are based on mutual recognition and fundamental rights. Lastly, the EU's initiative for enhancing procedural rights in criminal proceedings through the Roadmap trajectory, and the subsequent Commission Recommendation of 27 November 2013, are scrutinized. Based on this research, the article pinpoints the flaws and vacuums that currently exist for mentally disordered offenders, and the negative outcome this may have on the legitimacy and effectiveness of the European Area of Freedom, Security and Justice. Copyright © 2016 Elsevier Ltd. All rights reserved.

  13. Human rights and political transition in South Africa: the case of the Truth and Reconciliation Commission

    Directory of Open Access Journals (Sweden)

    Cristina Buarque de Hollanda

    2013-04-01

    Full Text Available This article is dedicated to recounting the main initiative of Nelson Mandela’s government to manage the social resentment inherited from the segregationist regime. I conducted interviews with South African intellectuals committed to the theme of transitional justice and with key personalities who played a critical role in this process. The Truth and Reconciliation Commission is presented as the primary institutional mechanism envisioned for the delicate exercise of redefining social relations inherited from the apartheid regime in South Africa. Its founders declared grandiose political intentions to the detriment of localized more palpable objectives. Thus, there was a marked disparity between the ambitious mandate and the political discourse about the commission, and its actual achievements.

  14. Longitudinal Relationships Between Organizational Justice, Productivity Loss, and Sickness Absence Among Older Employees

    OpenAIRE

    Ybema, Jan F.; van der Meer, Laudry; Leijten, Fenna R. M.

    2016-01-01

    PURPOSE: The aim of this study was to assess whether organizational justice lowers productivity loss and sickness absence, and whether there are reverse effects of productivity loss and sickness absence on organizational justice. METHOD: A longitudinal study with 2 years of follow-up was conducted among employed persons aged 45-64 years from the Study on Transitions in Employment, Ability and Motivation (STREAM). Participants (N = 7011) yearly filled out an online questionnaire. Structural eq...

  15. Justice orientation as a moderator of the framing effect on procedural justice perception.

    Science.gov (United States)

    Sasaki, Hiroyuki; Hayashi, Yoichiro

    2014-01-01

    Justice orientation is a justice-relevant personality trait, which is referred to as the tendency to attend to fairness issues and to internalize justice as a moral virtue. This study examined the moderating role of justice orientation in the relationship between justice perception and response to a decision problem. The authors manipulated procedural justice and the outcome valence of the decision frame within a vignette, and measured justice orientation of 174 Japanese participants. As hypothesized, the results indicated an interaction between procedural justice and framing manipulation, which was moderated by individual differences in justice orientation. In negative framing, justice effects were larger for individuals with high rather than low justice orientation. The results are explained from a social justice perspective, and the contributions and limitations of this study are also discussed with respect to our sample and framing manipulation.

  16. Migration, Gender and Social Justice : Connecting Research and ...

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

    Migration, Gender and Social Justice : Connecting Research and Practice Networks. Gender equality in migration as a policy objective requires an understanding of the ... Claiming migrants' rights in Costa Rica through constitutional law. Dossiers. Protecting rights and reducing stigma against Vietnamese women married ...

  17. Retributive and restorative justice.

    Science.gov (United States)

    Wenzel, Michael; Okimoto, Tyler G; Feather, Norman T; Platow, Michael J

    2008-10-01

    The emergence of restorative justice as an alternative model to Western, court-based criminal justice may have important implications for the psychology of justice. It is proposed that two different notions of justice affect responses to rule-breaking: restorative and retributive justice. Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process. Among the symbolic implications of transgressions, concerns about status and power are primarily related to retributive justice and concerns about shared values are primarily related to restorative justice. At the core of these processes, however, lies the parties' construal of their identity relation, specifically whether or not respondents perceive to share an identity with the offender. The specific case of intergroup transgressions is discussed, as are implications for future research on restoring a sense of justice after rule-breaking.

  18. Civilisation of Criminal Justice: Restorative Justice amongst other strategies

    NARCIS (Netherlands)

    J.R. Blad (John)

    2013-01-01

    markdownabstract__Abstract__ Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be

  19. A compromise of rights, rights of language and rights to a language ...

    African Journals Online (AJOL)

    this challenge in real life situations, including sentencing people to imprisonment, ... Systematic work has been carried out using this approach ... balance of power and rethinking of record construction by the police, should be advocated. 2. ..... rights in the criminal justice system could be one of the more viable solutions.

  20. The Right and the Good in Aeschylus' Oresteia and Yael Farber's Molora. Transitional Justice between Deontology and Teleology

    NARCIS (Netherlands)

    van den Berge, L.; Caspers, C.L.

    2015-01-01

    textabstractThe antagonism between deontological and teleological conceptions of law can be felt throughout the field of law. It is particularly pressing, however, in the context of what is commonly referred to as â€transitional justice’. Should the legal response to massive violence and bloodshed be

  1. The Right and the Good in Aeschylus' Oresteia and Yael Farber's Molora. Transitional Justice between Deontology and Teleology

    NARCIS (Netherlands)

    van den Berge, Lukas; Caspers, Christiaan

    The antagonism between deontological and teleological conceptions of law can be felt throughout the field of law. It is particularly pressing, however, in the context of what is commonly referred to as â€transitional justice’. Should the legal response to massive violence and bloodshed be primarily a

  2. Social Justice and Leadership Development

    Science.gov (United States)

    Forde, Christine; Torrance, Deirdre

    2017-01-01

    The revised professional standards for the teaching profession in Scotland are underpinned by a set of values which includes a detailed articulation of social justice for education covering rights, diversity and sustainability. There is a future orientation in these standards that privileges the contribution of teachers and leaders to realizing a…

  3. Feminism, Budgeting and Gender Justice

    Science.gov (United States)

    Misra, S. N.; Ghadai, Sanjaya Kumar

    2017-01-01

    The Fourth Conference on Women at Beijing (1995) underlined the importance of gender mainstreaming; spurring India to provide for separate Gender Budgeting in 2005-06. The Constitution tries to make fine balance between right to equality and positive discrimination for promoting gender justice in India. Yet high levels of Gender Inequality Index…

  4. The human rights approach to climate change

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    2013-01-01

    are instrumentally applied as a solution to what could be called the “justice problem” in climate negotiations. In order to assess the degree to which human rights could be a useful approach to the justice problem with regard to to climate change, four major issues need to be examined. First...... presently and in the future, needs to be elucidated, as well as (b) the human rights principles that are at stake, and (c) the duties and duty holders involved. Third, the human right to emit greenhouse gases needs to be clarified in the context of subsistence rights and equal per capita emission rights...

  5. Access to Justice for Indigenous and Peasant Women in Colombia ...

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

    Despite the widespread nature of abuse facing women in contexts of armed conflict and transition, there is little documentation on how such women experience injustice and how they exercise their agency to demand justice. This project will connect indigenous and peasant women in Colombia and Guatemala to exchange ...

  6. Do We Have a Negative Duty Towards the Global Poor? Thomas Pogge on Global Justice

    NARCIS (Netherlands)

    Pierik, R.; Merle, J.-C.

    2013-01-01

    Who has the duty to guarantee that basic human rights are fulfilled globally? This is one of the central questions in the current global justice debate. The answer to this question must be based on some principle of justice that distributes rights and duties in the global sphere. This paper analyses

  7. Architectures of intergenerational justice : Human dignity, international law, and duties to future generations

    NARCIS (Netherlands)

    Riley, Stephen

    2016-01-01

    This article draws attention to the constitutive requirements of intergenerational justice and exposes the limitations of regulative arguments based on international human rights law. Intergenerational justice demands constraining the regulative freedom of the international community, and it is

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

    Directory of Open Access Journals (Sweden)

    Michael F. Reber

    2010-11-01

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

  9. Counseling psychology trainees' perceptions of training and commitments to social justice.

    Science.gov (United States)

    Beer, Amanda M; Spanierman, Lisa B; Greene, Jennifer C; Todd, Nathan R

    2012-01-01

    This mixed methods study examined social justice commitments of counseling psychology graduate trainees. In the quantitative portion of the study, a national sample of trainees (n = 260) completed a web-based survey assessing their commitments to social justice and related personal and training variables. Results suggested that students desired greater social justice training than what they experienced in their programs. In the qualitative portion, we used a phenomenological approach to expand and elaborate upon quantitative results. A subsample (n = 7) of trainees who identified as strong social justice activists were interviewed regarding their personal, professional, and training experiences. Eleven themes related to participants' meanings of and experiences with social justice emerged within 4 broad categories: nature of social justice, motivation for activism, role of training, and personal and professional integration. Thematic findings as well as descriptive statistics informed the selection and ordering of variables in a hierarchical regression analysis that examined predictors of social justice commitment. Results indicated that trainees' perceptions of training environment significantly predicted their social justice commitment over and above their general activist orientation and spirituality. Findings are discussed collectively, and implications for training and future research are provided. (c) 2012 APA, all rights reserved.

  10. Predictors of justice system involvement: Maltreatment and education.

    Science.gov (United States)

    Robertson, Angela A; Walker, Courtney S

    2018-02-01

    Decades of research have established that experience of abuse and/or neglect in childhood is related to negative outcomes, such as juvenile delinquency. Existing research has shown that involvement in child welfare services is also related to juvenile delinquency, particularly for children who are victims of neglect. Research has also identified educational factors such as chronic absenteeism as significant predictors of involvement in the juvenile justice system. However, little research has investigated the combined influence of educational factors, child abuse, and involvement in child protective services on justice system involvement. The current study examined the influence of educational factors and involvement in child protective services on justice system involvement. The study utilized records from an educational database of children who attended a school within a county of Mississippi in any year from 2003 through 2013. Cases were then matched with records from the county Youth Court, Law Enforcement agencies, and Child Protection Services. A multivariate logistic regression controlling for gender, race, current age, and time at risk was conducted to involvement in the justice system. In general, educational factors were stronger predictors of justice system involvement than allegations of maltreatment. Copyright © 2017 Elsevier Ltd. All rights reserved.

  11. An Introduction to Generative Justice

    Directory of Open Access Journals (Sweden)

    Ron Eglash

    2016-12-01

    Full Text Available Marx proposed that capitalism’s destructive force is caused, at root, by the alienation of labor value from its generators. Environmentalists have added the concept of unalienated ecological value, and rights activists added the unalienated expressive value of free speech, sexuality, spirituality, etc. Marx’s vision for restoring an unalienated world by top-down economic governance was never fulfilled. But in the last 30 years, new forms of social justice have emerged that operate as “bottom-up”. Peer-to-peer production such as open source software or wikipedia has challenged the corporate grip on IP in a “gift exchange” of labor value; community based agroecology establishes a kind of gift exchange with our nonhuman allies in nature. DIY citizenship from feminist makerspaces to queer biohacking has profound implications for a new materialism of the “knowledge commons”; and restorative approaches to civil rights can challenge the prison-industrial complex. In contrast to top-down “distributive justice,” all of the above are cases of bottom-up or “generative justice” 

  12. [Central American migrants' sexual experiences and rights in their transit to the USA].

    Science.gov (United States)

    Infante, César; Silván, Rubén; Caballero, Marta; Campero, Lourdes

    2013-07-01

    To explore the causes and circumstances that determine the way in which migrants experience their sexuality and how this impacts their sexual rights. Qualitative study conducted between April 2009 and July 2010 in Chiapas, Oaxaca, San Luis PotosĂ­, and Tamaulipas. We conducted 22 in-depth interviews to migrants in transit and to ten different key actors. For the analysis we used elements of grounded theory. Migrants know and identify the risks they may encounter in their transit but have scarce access to services to effectively exercise their sexual and reproductive rights. Their vulnerability makes them internalize and accept the violence enacted on them as part of their destiny and as what they must suffer in order to reach the USA. Violence, including sexual violence, determines much of the experiences of their transit through Mexico. Differences between groups and between male and female migrants are determined by gender inequalities and power.

  13. Arguments for the Normative Validity of Human Rights

    DEFF Research Database (Denmark)

    Pedersen, Esther Oluffa

    2016-01-01

    . The philosophical conceptions of law, justice and right stated by Hobbes and Rousseau and in the Declaration will be discussed in connection with two seminal criticisms. By excluding women from politics, Olympe de Gouge objected, the Declaration contradicted the universal understanding of human rights. Jeremy......The paper highlights clashes between different conceptions of right, law and justice crystalizing in the French Declaration of Human and Civic Rights from 1789 and the criticisms it aroused. Hobbes’ Leviathan (1651) and Rousseau’s Social Contract (1762) are discussed as important predecessors...... Bentham protested against the Declaration’s core idea of inalienable human rights....

  14. Effects of organizational justice on depressive symptoms and sickness absence: a longitudinal perspective.

    Science.gov (United States)

    Ybema, Jan F; van den Bos, Kees

    2010-05-01

    A longitudinal three-wave study among a large representative sample of 1519 employees of various companies in The Netherlands examined how organizational justice (as measured by distributive and procedural justice) was related to depressive symptoms and sickness absence. It was predicted that perceived justice would contribute to lower depressive symptoms and sickness absence, whereas depressive symptoms and absenteeism in turn would contribute to lower perceptions of organizational justice. In line with the predictions, we found that both distributive and procedural justice contributed to lower depressive symptoms, and distributive justice contributed to lower sickness absence in the following year. With regard to reversed effects, sickness absence contributed to lower perceptions of distributive justice to some extent. Moreover, sickness absence was related to higher depressive symptoms a year later. This research shows the importance of justice in organizations as a means to enhance the wellbeing of people at work and to prevent absenteeism. Copyright (c) 2010 Elsevier Ltd. All rights reserved.

  15. Social Justice for Human Development

    Science.gov (United States)

    Jaramillo, Nathalia

    2010-01-01

    The topic of social justice in U.S. teacher education has a long and protracted history that harkens back to the civil rights movement of the mid-20th century, with its attendant legal rulings and constitutional amendments that sought to undo the legacy of discrimination against communities of color, women, and the poor. What is lost,…

  16. Enhancing John Rawls's Theory of Justice to Cover Health and Social Determinants of Health.

    Science.gov (United States)

    Ekmekci, Perihan Elif; Arda, Berna

    2015-11-01

    The vast improvements in medical technology reviled the crucial role of social determinants of health for the etiology, prevalence and prognosis of diseases. This changed the content of the right to health concept from a demand of health services, to a claim of having access to all social determinants of health. Thus, the just allocation of scarce resources of health and social determinants of health became an issue of ethical theories. John Rawls developed a theory of justice. His theory suggests that the principles of justice should be determined by individuals in a hypothetic initial position. In the initial position, individuals agree on principles of justice. Rawls puts forth that the institutions of the society should be structured in compliance with these principles to reach a fair social system. Although Rawls did not justify right to health in his theory, the efforts to enlarge the theory to cover right to health flourished quite fast. In this paper first the basic components of Rawls theory is explained. Then the most outstanding approaches to enlarge his theory to cover right to health is introduced and discussed within the discourse of Rawls theory of justice.

  17. RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK / Restorative Justice In Juvenile Justice System

    Directory of Open Access Journals (Sweden)

    Randy Pradityo

    2016-11-01

    Full Text Available Anak sebagai generasi penerus bangsa sudah selayaknya mendapatkan perhatian khusus. Hal tersebut bertujuan dalam rangka pembinaan anak untuk mewujudkan sumber daya manusia yang berkualitas. Maka dari itu, diperlukan pula sarana dan prasarana hukum yang mengantisipasi segala permasalahan yang timbul. Sarana hukum ini bertujuan untuk mengantisipasi stigma atau cap jahat yang ditimbulkan ketika anak berhadapan dengan hukum, sekaligus memulihkan dan memasyarakatkan kembali anak tersebut. Salah satu solusinya adalah dengan mengalihkan atau menempatkan pelaku tindak pidana anak keluar dari sistem peradilan pidana serta memberikan alternatif bagi penyelesaian dengan pendekatan keadilan demi kepentingan terbaik bagi anak, yang kemudian dikenal dengan pendekatan restorative justice. Restorative justice yang merupakan implementasi konsep dari diversi telah dirumuskan dalam sistem peradilan pidana anak, namun sistem yang baik haruslah diiringi dengan suatu sikap yang dijiwai kehendak untuk memandang dan berkeyakinan bahwa dunia ini selalu menjadi lebih baik. Selain itu, hendaknya prinsip the best interest of the children selalu diutamakan ketika menangani anak yang berhadapan dengan hukum.   Children as the nation's next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system

  18. Farm labor, reproductive justice: Migrant women farmworkers in the US.

    Science.gov (United States)

    Galarneau, Charlene

    2013-06-12

    Little is known about the reproductive health of women migrant farmworkers in the US. The health and rights of these workers are advanced by fundamental human rights principles that are sometimes conceptually and operationally siloed into three approaches: reproductive health, reproductive rights, and reproductive justice. I focus on the latter framework, as it lends critical attention to the structural oppression central to poor reproductive health, as well as to the agency of communities organizing and leading efforts to improve their health. I review what is known about these women's reproductive health; identify three realms of reproduction oppression affecting their reproductive health: labor/occupational conditions, health care, and social relations involving race, immigration and fertility; and then highlight some current efforts at women farmworker-directed change. Finally, I make several analytical observations that suggest the importance of the reproductive justice framework to broader discussions of migrant worker justice and its role in realizing their right to health. Copyright © 2013 Galarneau. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  19. Chiropractic and social justice: a view from the perspective of Beauchamp's principles.

    Science.gov (United States)

    Green, Bart N; Johnson, Claire

    2010-01-01

    Social justice in public health involves the process and product of a community acting to fairly distribute advantages and burdens to improve the health of its population and to reasonably take care of the disadvantaged. Although publications are available about chiropractic public health history, programs, and policy, the potential role of chiropractic in social justice has received little attention. This article discusses Beauchamp's 4 principles of social justice and suggests actions that the chiropractic profession may consider to participate in the practice of social justice in the field of public health. Copyright 2010 National University of Health Sciences. Published by Mosby, Inc. All rights reserved.

  20. Justice and Negotiation.

    Science.gov (United States)

    Druckman, Daniel; Wagner, Lynn M

    2016-01-01

    This review article examines the literature regarding the role played by principles of justice in negotiation. Laboratory experiments and high-stakes negotiations reveal that justice is a complex concept, both in relation to attaining just outcomes and to establishing just processes. We focus on how justice preferences guide the process and outcome of negotiated exchanges. Focusing primarily on the two types of principles that have received the most attention, distributive justice (outcomes of negotiation) and procedural justice (process of negotiation), we introduce the topic by reviewing the most relevant experimental and field or archival research on the roles played by these justice principles in negotiation. A discussion of the methods used in these studies precedes a review organized in terms of a framework that highlights the concept of negotiating stages. We also develop hypotheses based on the existing literature to point the way forward for further research on this topic.

  1. "Frayed All Over:" the Causes and Consequences of Activist Burnout among Social Justice Education Activists

    Science.gov (United States)

    Gorski, Paul C.; Chen, Cher

    2015-01-01

    Despite the growing body of scholarship on burnout among social justice activists who are working on a variety of issues, from labor rights to queer justice, little attention has been paid to burnout among those whose activism focuses on issues of educational justice. To begin to address this omission and understand what supports might help social…

  2. The Permanent Court of International Justice and the International Rights of Groups and Individuals

    NARCIS (Netherlands)

    Brölmann, C.

    2012-01-01

    The Permanent Court of International Justice was established in a period in which the position of the State as the natural form of political organization had come under pressure, among others, in academic-legal circles. It was also the period in which international-legal concern for groups within

  3. Social Justice and Multiculturalism: Persistent Tensions in the History of US Social Welfare and Social Work

    Directory of Open Access Journals (Sweden)

    Michael Reisch

    2007-03-01

    Full Text Available Social justice has been a central normative component of U.S. social welfare and social work for over a century, although the meaning and implications of the term have often been ambiguous. A major source of this ambiguity lies in the conflict between universalist views of social justice and those which focus on achieving justice for specific groups. This conflict has been masked by several long-standing assumptions about the relationship between social justice and multiculturalism – assumptions which have been challenged by recent developments. The assumption that the pursuit of social justice requires the creation of a more egalitarian society has been challenged by the new political-economic realities of globalization. The assumption that the maintenance of individual rights complements the pursuit of social equality has been challenged by racially-based attacks on social welfare benefits and civil rights. Most significantly, the assumption that a socially just society is one in which different groups share a compatible vision of social justice has been challenged by the realities of multiculturalism. This paper explores the evolution of four themes regarding the relationship between social justice and multiculturalism during the past century and discusses their implications for the contemporary demographic and cultural context of the U.S. These themes are: the relationship of cultural diversity to the nation’s values and goals; the contradiction between coerced cultural assimilation and coerced physical and social segregation; the relationship between individual and group identity and rights; and the linkage between “Americanization” and the equal application of justice.

  4. Civil and Constitutional Rights of Adjudicated Youth.

    Science.gov (United States)

    Landess, Jacqueline

    2016-01-01

    Mental health clinicians serving child and adolescent patients are frequently asked to evaluate youth who have been arrested for various offenses or who are otherwise involved with the juvenile justice system. To help orient clinicians and other stakeholders involved with such cases, this article describes the evolution of the juvenile justice system and summarizes the history and current status of the civil and constitutional rights of youth involved in the adjudicatory process. This article also points out key areas in which due process rights are still evolving, particularly in the case of status offenders. Copyright © 2016 Elsevier Inc. All rights reserved.

  5. Social Justice and Media. Media Corner.

    Science.gov (United States)

    Braun, Joseph A., III, Ed.

    1994-01-01

    Contends that the end of slavery, women's suffrage, and the civil rights movement were watershed events of social justice in U.S. history. Provides reviews of two media-based sets of instructional materials that can help students understand the struggle by disenfranchised groups to become full participants in society. (CFR)

  6. Justice seems not to be for all: Exploring the scope of justice

    OpenAIRE

    Lima-Nunes, Aline; Pereira, CĂ­cero Roberto; Correia, Isabel

    2013-01-01

    The idea that “justice is for everyone” seems to be over. A justice perception can have unfair consequences for those who are perceived not to be included within the boundaries of fairness. This is what the scope of justice is all about: who is within and who is outside of the “justice boundaries”. This paper intends to clarify the concept and explain how social psychologists work with it in real-life contexts. We argue that the scope of justice is a key concept that helps us to understand a ...

  7. Effective social justice advocacy: a theory-of-change framework for assessing progress.

    Science.gov (United States)

    Klugman, Barbara

    2011-11-01

    This article offers a theory-of-change framework for social justice advocacy. It describes broad outcome categories against which activists, donors and evaluators can assess progress (or lack thereof) in an ongoing manner: changes in organisational capacity, base of support, alliances, data and analysis from a social justice perspective, problem definition and potential policy options, visibility, public norms, and population level impacts. Using these for evaluation enables activists and donors to learn from and rethink their strategies as the political context and/or actors change over time. The paper presents a case study comparing factors that facilitated reproductive rights policy wins during the transition from apartheid to democracy in South Africa and factors that undermined their implementation in the post-apartheid period. It argues that after legal and policy victories had been won, failure to maintain strong organizations and continually rethink strategies contributed to the loss of government focus on and resources for implementation of new policies. By implication, evaluating effectiveness only by an actual policy change does not allow for ongoing learning to ensure appropriate strategies. It also fails to recognise that a policy win can be overturned and needs vigilant monitoring and advocacy for implementation. This means that funding and organising advocacy should seldom be undertaken as a short-term proposition. It also suggests that the building and maintenance of organisational and leadership capacity is as important as any other of the outcome categories in enabling success. Copyright © 2011 Foundation Review. Published by Elsevier Ltd. All rights reserved.

  8. Justice delayed is justice denied: Protecting Miners against ...

    African Journals Online (AJOL)

    Justice delayed is justice denied: Protecting Miners against Occupational ... of section 35 of Compensation for Occupational Injuries and Diseases Act 130 of ... of the Mankayi case for the system of occupational health and safety in South Africa. ... KEYWORDS: Occupational health; diseases; injuries; employees; protection; ...

  9. Investigating the Rights of Youths. Students in Action.

    Science.gov (United States)

    Insights on Law & Society, 2002

    2002-01-01

    Focuses on the rights of youth in three articles: (1) "Equal Justice? Girls in the Juvenile Justice System"; (2) "Child Labor: An International Challenge"; and (3) "Should Minors Have Access to Violent Video Games?" Includes learning activities at the end of each article. (CMK)

  10. Arguments for the Normative Validity of Human Rights. Philosophical Predecessors and Contemporary Criticisms of the 1789 French Declaration of Human and Civic Rights

    Directory of Open Access Journals (Sweden)

    Esther Oluffa Pedersen

    2016-11-01

    Full Text Available The paper highlights clashes between different conceptions of right, law and justice crystalizing in the French Declaration of Human and Civic Rights from 1789 and the criticisms it aroused. Hobbes’ Leviathan (1651 and Rousseau’s Social Contract (1762 are discussed as important predecessors. The philosophical conceptions of law, justice and right stated by Hobbes and Rousseau and in the Declaration will be discussed in connection with two seminal criticisms. By excluding women from politics, Olympe de Gouge objected, the Declaration contradicted the universal understanding of human rights. Jeremy Bentham protested against the Declaration’s core idea of inalienable human rights.

  11. Co-workers' Justice Judgments, own Justice Judgments and Employee Commitment: A multi-foci approach

    Directory of Open Access Journals (Sweden)

    Florence Stinglhamber

    2008-06-01

    Full Text Available Using a sample of 212 employees, we conducted a study to examine whether employees use their co-workers' fairness perceptions to generate their own justice judgments and to develop their subsequent affective commitment. The conceptual framework used to investigate these linkages is social exchange theory combined with a multiple foci approach. Results of the structural equation modeling analyses revealed that co-workers' procedural justice judgments strengthened employee's own procedural justice judgments, which in turn influenced their affective commitment to the organisation. Similarly, co-workers' interactional justice judgments increased employee's own interactional justice judgments, which in turn impacted on their affective commitment to both the supervisor and the organisation. As a whole, findings suggest that coworkers' justice judgments strengthened employee's affective attachments toward the justice sources by reinforcing employee's own justice perceptions.

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

    Directory of Open Access Journals (Sweden)

    Ahmed As-Sirri

    2013-06-01

    Full Text Available The paper discusses the relationship between state structure and the implementing of justice in the Islamic society. The shift from caliphate system to the system of royal system starting from the Umayyad Dynasty (41-132 AH / 661-750 AD made the issue of social justice highly urgent. The main question discussed was : Is there a relationship between state structure and achieving social justice? To answer this question the paper reviews the relationship between religious authorities and political authorities in the main periods of Islamic history. Based on these relations as well as the intellectual product known as the “Heritage of Islamic Political Thought”, we concluded that the classical structure of Islamic state didn’t assure the implementing of justice. In light of the forgoing idea we could also conclude that the political islamic thought used today in context of “Arab spring” does not support the aspirations of building a modern state that assures the implementing of justice as well as variety of social, cultural and political rights.

  13. Germans want more cost fairness and proximity to citizens in the energy transition

    International Nuclear Information System (INIS)

    Setton, Daniela; Renn, Ortwin

    2018-01-01

    Goals such as fairness, participation and social compatibility will play in the future an increasingly important role in the struggle to find the right solutions for the energy transition, be it in the reform of the allocation and remuneration system, the expansion of wind energy on land, the sector coupling or the heat and traffic turnaround. WWith the first ''Social sustainability barometer of the energy transition'', published in November 2017, the IASS presents a monitoring instrument with a comprehensive, empirically sustainable database on the social dimensions of energy turnaround: it records annually the attitudes, justice sensations, experiences and expectations of different population groups in Germany with regard to the energy transition and identifies social challenges and political needs for action. With some amazing results. [de

  14. Social Justice and the Environmental Commons.

    Science.gov (United States)

    Flanagan, Constance A; Byington, Rachel; Gallay, Erin; Sambo, Allison

    2016-01-01

    In this chapter, we build on the scholarship on youth civic engagement by turning attention to the environmental commons as a space for political action. We begin with a definition of the term and arguments about ways that social justice is implied in it. Following that, we raise several psychological challenges to motivating action on behalf of the environmental commons and discuss the critical experiences and actions that can defy those challenges. Finally, drawing from Ostrom's empirical evidence opposing a tragedy of the commons, we discuss practices consistent with a social justice approach that nurture in younger generations an identification with and commitment to the environmental commons and discuss how this orientation would benefit human beings, democracies, and the earth. © 2016 Elsevier Inc. All rights reserved.

  15. On Students' Rights, an "Originalist" Stands Firm

    Science.gov (United States)

    Walsh, Mark

    2011-01-01

    The author reports on how U.S. Supreme Court Justice Clarence Thomas' opinions in youths'-rights cases reflect his "originalist" thinking. Justice Thomas, 63, marks two decades on the court Oct. 23, and a hallmark of his tenure is his willingness to carve out a solitary stance on certain issues. Particularly in cases involving schools…

  16. How discrimination and perspective-taking influence adolescents' attitudes about justice.

    Science.gov (United States)

    Rasmussen, Hannah F; Ramos, Michelle C; Han, Sohyun C; Pettit, Corey; Margolin, Gayla

    2018-01-01

    Little is known about factors influencing adolescents' justice attitudes. This online study investigates perspective-taking and experiences with discrimination for their associations with adolescents' beliefs about how justice is best served. Participants included 179 ethnically/racially diverse high school students (M age  = 16.67 years; SD = 1.02). Higher perspective-taking was associated with less punitive and more restorative attitudes. Youth reporting more personal and ethnic/racial discrimination experiences endorsed more restorative justice attitudes. Perspective-taking also moderated the associations between reports of family, personal, and religious discrimination and punitive justice attitudes: adolescents reporting higher discrimination showed a stronger inverse relationship between perspective-taking and punitive attitudes. Findings have implications for school and community programs aiming to implement restorative policies, and for adolescents' civic participation. Copyright © 2017 The Foundation for Professionals in Services for Adolescents. Published by Elsevier Ltd. All rights reserved.

  17. The right to be forgotten

    DEFF Research Database (Denmark)

    Jones, Meg Leta; Zeide, Elana; Mai, Jens Erik

    2015-01-01

    The right to be forgotten gained international attention in May 2014, when the European Court of Justice ruled that Google was obligated to recognize European citizens’ data protection rights to address inadequate, irrelevant, or excessive personal information. As of April 14, 2015, Google receiv...

  18. A Democratic Framework for Educational Rights

    Science.gov (United States)

    Newman, Anne

    2012-01-01

    Educational theorists frequently invoke rights claims to express their views about educational justice and authority. But the unyielding nature of rights claims presents a significant quandary in democratic contexts, given the tension between rights claims and majoritarian democracy. Educational theorists have given limited attention to this…

  19. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    Marianne L. Wade

    2013-09-01

    Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

  20. Geographies of justice: preschool-childcare provision and the conceptualisation of social justice

    OpenAIRE

    S L Holloway

    1998-01-01

    During the 1990s geographers of diverse philosophical orientations have shown a renewed interest in questions of justice. The author draws on empirical work on childcare provision in Sheffield, England, in order to evaluate two different approaches to the geography of justice and hence the theories of social justice which lie behind these; in particular she explores the different geographies of childcare produced by the territorial-justice approach, which is based on a liberal conception of s...

  1. Justice at the millennium: a meta-analytic review of 25 years of organizational justice research.

    Science.gov (United States)

    Colquitt, J A; Conlon, D E; Wesson, M J; Porter, C O; Ng, K Y

    2001-06-01

    The field of organizational justice continues to be marked by several important research questions, including the size of relationships among justice dimensions, the relative importance of different justice criteria, and the unique effects of justice dimensions on key outcomes. To address such questions, the authors conducted a meta-analytic review of 183 justice studies. The results suggest that although different justice dimensions are moderately to highly related, they contribute incremental variance explained in fairness perceptions. The results also illustrate the overall and unique relationships among distributive, procedural, interpersonal, and informational justice and several organizational outcomes (e.g., job satisfaction, organizational commitment, evaluation of authority, organizational citizenship behavior, withdrawal, performance). These findings are reviewed in terms of their implications for future research on organizational justice.

  2. From distributive to procedural justice. Justice as a constitutive value of public administration

    Directory of Open Access Journals (Sweden)

    Antonio SANDU

    2016-07-01

    Full Text Available The justice as an ethical value can be considered constitutive for contemporary administrative systems. These ones are asked to transpose into practice the ideal of justice in the community. The functioning of a modern state cannot be conceived without a series of institutions that would guarantee the achievement of justice. The legal system was established specifically to administer justice. Modern democratic systems felt the need for certain courts and extrajudicial procedures to create justice. The institutions required to implement the extrajudicial distribution of justice are part of the public administration, representing a central element of it. The model of a political system based on justice is a minimalist one; the role of the state is limited to making it possible for individuals to follow their own ideal of welfare. Opposed to justice, the ideal of welfare requests the state, and implicitly the administration, to ensure the individual the minimum conditions to live in that community. The minimal state centered on justice is the result of a modern paradigm with post-Kantian reverberations, which emphasize the rationality of human action. If the individual is rational, he only needs fair conditions in order to pursue his own welfare. The role of the administration is to ensure those conditions and to oversee the distribution of goods and services, as well as the distribution and redistribution of added value.

  3. CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

    Directory of Open Access Journals (Sweden)

    R. Perlingeiro

    2016-01-01

    Full Text Available This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela. According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectiveness of the administrative justice systems may be explained as follows: as former Iberian colonies, the aforementioned countries have a Continental European legal culture originating in civil law but nevertheless have improperly integrated certain aspects of the unified judicial system (generalized courts typical of administrative law in common-law countries. This situation, according to the author, could be rectified through strengthening the public administrative authorities with respect to their dispute-resolution and purely executive functions by endowing them with prerogatives to act independently and impartially, oriented by the principle of legality understood in the sense of supremacy of fundamental rights, in light of the doctrine of diffuse conventionality control adopted by the InterAmerican Court of Human Rights.

  4. Environmental justice: a criminological perspective

    Science.gov (United States)

    Lynch, Michael J.; Stretesky, Paul B.; Long, Michael A.

    2015-08-01

    This article examines studies related to environmental justice in the criminological literature and from a criminological perspective. Criminologists have long been concerned with injustices in the criminal justice system related to the enforcement of criminal law. In the 1990s, following the emergence of green criminology, a handful of criminologists have drawn attention to environmental justice as an extension of more traditional criminological studies of justice and injustice. Relevant criminological studies of environmental justice are reviewed, and suggestions for future environmental justice research are offered.

  5. Justice and medical ethics.

    Science.gov (United States)

    Gillon, R

    1985-07-20

    Justice, in the sense of fair adjudication between conflicting claims, is held to be relevant to a wide range of issues in medical ethics. Several differing concepts of justice are briefly described, including Aristotle's formal principle of justice, libertarian theories, utilitarian theories, Marxist theories, the theory of John Rawls, and the view--held, for example, by W.D. Ross--that justice is essentially a matter of reward for individual merit.

  6. 75 FR 13076 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Science.gov (United States)

    2010-03-18

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Department of Justice's actions in the New Black Panther Party Litigation and enforcement of Section 11(b) of...

  7. "They Lacked the Right Food": A Brief History of Breastfeeding and the Quest for Social Justice.

    Science.gov (United States)

    Wolf, Jacqueline H

    2018-05-01

    In the late 19th-century United States and Europe, infants died at high rates from diarrhea. Physicians and social justice advocates responded to the public health crisis with attempts to clean up the water and cows' milk supplies, as well as social welfare legislation and assorted educational efforts to help mothers better care for their children. Most visible among the educational efforts were breastfeeding campaigns. A century later in developing countries, physicians and activists were confronted with a similar problem-infants dying from diarrhea due to the unethical advertising and marketing practices of formula companies. I argue in this article that crusades for social justice at the most basic level-to ensure that children will live to adulthood-have long been connected with efforts to safeguard mothers' ability to adequately breastfeed their children.

  8. 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.

  9. The Space for Restorative Justice in the Ethiopian Criminal Justice System

    Directory of Open Access Journals (Sweden)

    Endalew Lijalem Enyew

    2014-12-01

    Full Text Available Restorative Justice (RJ is an alternative way of apprehending crime and justice which views crime as a violation of a relationship among victims, offenders and community, and which allows the active participation of the crime’s stakeholders. It has the objective of â€putting right’ the wrong done, to restore the broken relationship and to reintegrate the offender back into society. The Ethiopian criminal justice system views crime primarily as a violation of the state’s criminal laws, either in the form of a commission or omission. It excludes the community from participation, and gives no opportunity to the victim to fully participate in the process. Nor is there a satisfactory legal procedure which enables the public prosecutor to adequately protect the victim’s interest. The focus of the public prosecutor is to have the accused convicted and punished, instead of encouraging them to take responsibility to undo the wrong they have committed. This article thus examines whether restorative justice has a place in the formal legal framework of the existing Ethiopian criminal justice system; and analyses the prospects for, and the challenges that may hinder, the implementation of restorative justice practice in this framework.

  10. ECONOMIC EQUALITY OR JUSTICE

    Directory of Open Access Journals (Sweden)

    Ekrem Tufan

    2017-12-01

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

  11. The rights of the medically uninsured: an analysis of social justice and disparate health outcomes.

    Science.gov (United States)

    Chandler, Michelle

    2006-01-01

    As technological advances in the United States continue to improve the effectiveness of medical interventions, expectations among Americans of both improved health and extended life expectancy have also increased. At the same time, many of the population continue to lack the insurance necessary to access even the most basic healthcare services (Institute of Medicine, 2004; Tunzi, 2004; Saha & Bindman, 2001). With approximately 18,000 avoidable deaths attributed annually to inadequate medical coverage and 43.6 million individuals currently without insurance benefits, the need to address the disparity in access to treatment and a means of social justice in the distribution of health care is all too clear (Crispen & Whalen, 2004). As a nation relying on market mechanisms to regulate the costs and quality of available health resources (Baldor, 2003; Saha&Bindman, 2001), the welfare of society as a whole may soon be threatened by the provision of marginal services to a select minority as increasing numbers of the uninsured continue to experience less favorable clinical outcomes and higher mortality rates (Tunzi, 2004; Litaker & Cebul, 2003; Jackson, 2001; Sox, Burstin, Edwards, O'Neil et al., 1998). The author will first examine the consequences of being among the growing number of uninsured individuals in the United States. Attention will then be given to exploring the social justice issues inherent in this critical problem and evaluating these issues through the perspective of both libertarian and feminist theory. Using these theories, innovative strategies for attaining distributive justice in the provision of health care will be offered with recommendations for utilizing these alternative approaches to develop and implement future health policy.

  12. Organisational justice and change in justice as predictors of employee health: the Whitehall II study.

    Science.gov (United States)

    Kivimäki, Mika; Ferrie, Jane E; Head, Jenny; Shipley, Martin J; Vahtera, Jussi; Marmot, Michael G

    2004-11-01

    Organisational justice has been proposed as a new way to examine the impact of psychosocial work environment on employee health. This article studied the justice of interpersonal treatment by supervisors (the relational component of organisational justice) as a predictor of health. Prospective cohort study. Phase 1 (1985-88) measured relational justice, job demands, job control, social support at work, effort-reward imbalance, and self rated health. Relational justice was assessed again at phase 2 (1989-90) and self rated health at phase 2 and phase 3 (1991-93). 20 civil service departments originally located in London. 10 308 civil servants (6895 men, 3413 women) aged 35-55. Self rated health. Men exposed to low justice at phase 1 or adverse change in justice between phase 1 and phase 2 were at higher risk of poor health at phase 2 and phase 3. A favourable change in justice was associated with reduced risk. Adjustment for other stress indicators had little effect on results. In women, low justice at phase 1 predicted poor health at phase 2 and phase 3 before but not after adjustment for other stress indicators. Adverse change in justice was associated with worse health prospects irrespective of adjustments. The extent to which people are treated with justice in workplaces seems to predict their health independently of established stressors at work. Evidence on reduced health risk after favourable change in organisational justice implies a promising area for health interventions at workplace.

  13. Organizational Justice

    Science.gov (United States)

    Burns, Travis

    2013-01-01

    Helping principals understand the importance of organizational justice is the first step in enhancing learning outcomes for all learners, regardless of their social class, race, abilities, sex, or gender. In schools, organizational justice may be defined as teachers' perceptions of fairness, respect, and equity that relate to their interactions…

  14. The Constitutional Court Adjudication and Its Implications for the Justice Seekers

    OpenAIRE

    Sutiyoso, Bambang

    2008-01-01

    The Constitutional Court adjudication, as the nature of a court decision, implies the rights that the justice seekers will appreciate. It is unfortunate, however, that the appeal procedures for those who dissatisfied with such adjudication has yet to be issued, and this may produce the disadvantages for the purpose of affording justice. For such reason, the amendment on Procedures of the Constitutional Court, particularly in the appeal procedures, is very much needed.

  15. Challenges and Possibilities for Accommodating Wild Animals in the Realm of Justice

    OpenAIRE

    Björnegran, Amalia

    2017-01-01

    Abstract: This research seeks to investigate the possibilities and inadequacies of including wild animals within the justice realm. It bases this research on the reasons and rationales of representatives within environmental non- governmental organizations (ENGOs), non-governmental organizations (NGOs) and public agency working with animal- rights and welfare or environmental protection. These representatives reason from a personal and organizational perspective concerning justice, ethics and...

  16. DEMOCRATIZATION AND POLITICAL TRANSITION IN ARAB WORLD: PROSPECTS AND CHALLENGES

    Directory of Open Access Journals (Sweden)

    Ibrahim Kawuley Mikail

    2015-12-01

    Full Text Available Democracy and Democratization process was among the top priorities in the new post-cold war global agenda. This issue has convinced some undemocratic countries of Arab World to set up in quest for democracy and to assertively demand their long-denied socio-economic and political justice by the autocratic rulers for the region. Indeed, the current Arab spring is geared towards transition from undemocratic system (i.e. Monarchy and Military dictatorship to democracy. Secondary data was adopted in this study. The study revealed that humiliation, prolong monarchy/military dictatorship, lack of economic reform, globalization and proliferation of mass literacy were among the factors responsible for political transition in the region. Meanwhile, establishment of tenets of democracy (i.e. rules of law, human rights, freedom, etc. and insecurity, external domination and loss of lives were among the prospect and challenges of the transition. The paper recommended among others that there is need for political and economic reform in the Arab countries which would lead to transit to democracy.

  17. Equality in the Framework of Justice

    OpenAIRE

    AĹźik, KĂĽbra

    2015-01-01

    This thesis assesses the relation between equality and justice by exploring and identifying the relation between equality and justice in Rawls's theory of justice, Sandel's communitarian account of Justice and Sen's capability approach. And these accounts of justice are evaluated from an egalitarian point of view. The main argument defended in the thesis is that justice requires equality. Accordingly, these three accounts of justice are evaluated by taking their understanding of equality into...

  18. Women and the Justice System in Cambodia | IDRC - International ...

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

    Although laws have been promulgated to protect the rights of women, ... to justice in the formal and traditional systems, with respect to serious criminal offences ... Special journal issue highlights IDRC-supported findings on women's paid work.

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

    Directory of Open Access Journals (Sweden)

    Mauro Vasni Paroski

    2006-12-01

    Full Text Available The access to justice is here studied as right basic. The article has for target the conceptualization of this guarantee and the identification of the main problems that presents. It analyzes the protection of the rights and offers proposals aiming at to perfect the system of solution of controversies. It supports that the joust juridical order is the one that consecrates the elect values for the society in the Constitution and that the jurisdictional protection to the rights must harmonize with the objectives, values and principles constitutional. It affirms that it is necessary to stimulate the alternative ways of solution of legal conflicts, as the arbitration, the mediation and the conciliation.O acesso à justiça é aqui estudado como direito fundamental. O artigo tem por escopo a conceituação dessa garantia e a identificação dos principais problemas que apresenta. Analisa a tutela dos direitos e oferece propostas visando aperfeiçoar o sistema de solução de controvérsias. Sustenta que a ordem jurídica justa é a que consagra os valores eleitos pela sociedade na Constituição e que a proteção jurisdicional aos direitos deve se harmonizar com os objetivos, valores e princípios constitucionais. Afirma que é necessário estimular os meios alternativos de solução de conflitos jurídicos, como a arbitragem, a mediação e a conciliação.

  20. The Indispensable Reform and the Judiciary as Corollaries Access to Justice

    Directory of Open Access Journals (Sweden)

    Benedito Cerezzo Pereira Filho

    2016-05-01

    Full Text Available Access to justice does not limit itself to the sole faculty of adjudicating or contesting a given action. This rather simple notion has left juridical and jurisdictional theory and practice a while ago. In order for the magnitude of this institute be achieved, it is neces- sary to analyze Right and judicial power, taking into consideration the historical contin- gency, the juridical-evaluative changes and, therefore, the very notion of jurisdiction. The understanding of rights and wrongs of the past is obligatory to understanding the present and projecting oneself into the future. This connection between today and tomorrow shall illuminate the true reach of the access to justice. On the other hand, working the new, held tight against the walls of the past, is denying or, at least, blurring the unders- tanding that is desired as answer to social demand taken to accountability in a judicial decision. It is, hence, essential to transcend times without falling in the trap of discussing once more the theories of the past. It does not mean denying them, but respecting their content, while considering the historical contingency to which they were submitted to. The notion of access to justice, then, should be attached to the theories of its own time, separated from those of  long gone periods. It is denying access to justice when one does not allow a theory in which one can understand the â€action’ as a fundamental right and deserving of the utmost protection by the State because it truly and effectively guards certain rights. In this point, the performance of the judge is of vital importance for the civil procedure to fulfill its constitutional function of delivering to the claimants an ade- quate, timely and effective judicial protection. That is why the vision and the concept of jurisdiction are equally relevant.

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

    Directory of Open Access Journals (Sweden)

    Kuljić Todor

    2017-01-01

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

  2. Student Perceptions of Social Justice and Social Justice Activities

    Science.gov (United States)

    Torres-Harding, Susan R.; Steele, Cheronda; Schulz, Erica; Taha, Farah; Pico, Chantal

    2014-01-01

    Encouraging students to engage in activities that actively seek to promote social justice is a goal of many educators. This study analyzed college student perceptions around social justice and related activities in a medium-sized, urban university in the United States. Students' open-ended responses to questions assessing their perceptions of…

  3. Dissertation Journeys of Scholar-Practitioners in an Educational Leadership for Social Justice Program

    Science.gov (United States)

    Dailey, Ardella; Harris, Margaret; Plough, Bobbie; Porfilio, Brad; Winkelman, Peg

    2016-01-01

    The task of guiding the development of scholar-practitioners as leaders for social justice is inherently challenging. The dissertation journey, unlike any other journey practitioner-based doctoral students face in urban school settings, provides a steep learning curve as they transition from practitioner to scholar-practitioner. This journey…

  4. Trickle-down effects of supervisor perceptions of interactional justice: a moderated mediation approach.

    Science.gov (United States)

    Ambrose, Maureen L; Schminke, Marshall; Mayer, David M

    2013-07-01

    Supervisors' perceptions of how fairly they are treated by their own supervisors can influence their subordinates' perceptions, attitudes, and behavior. We present a moderated mediation model that demonstrates how work group structure can enhance or constrain these effects. Results show supervisors' perceptions of the fairness of the interactional treatment they receive relate to their subordinates' perceptions of interactional justice climate, and this relationship is stronger in work groups with more organic structures. Furthermore, consistent with the moderated mediation prediction, interactional justice climate mediates the relationship between supervisors' perceptions of interactional justice and outcomes when work group structures are more organic. We discuss the implications of the findings for research on justice and trickle-down effects. PsycINFO Database Record (c) 2013 APA, all rights reserved.

  5. 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...

  6. The Rise of Justice and the Ancient-to-Current Ethic Transition -From the Theory of Hume D. and Adam Smith%正义伦ç†ĺ­¦çš„兴起与古今伦ç†č˝¬ĺž‹â€”—以休谟ă€ć–ŻĺŻ†çš„正义论为视角

    Institute of Scientific and Technical Information of China (English)

    é«ĺŠ›ĺ…‹

    2012-01-01

    In the ethnic philosophy of Hume D., the justice is of the unparalleled importance. According to this theory, the ethnic were classified into the ethic of society and the ethic of nature. Justice is the foundation of the social ethic while the mercy, compassionateness, generosity belongs to the ethic of nature. To Hume D. , both the financial rights that exist only after justice and the legitimacy of the government are based on the justice. Adam Smith developed Hume's classification of justice from the other virtues into the one in which kindness and justice belongs to the ethic of two different levels. The kindness should be virtue and the noble morality while the justice, which has the same origins and codes with the laws, should be the codes and the basic ethic. Meanwhile, Adam Smith illustrated the features of justice such as compulsion, passive ethics and basic ethics. And he also clarified the ethic significance of setting the justice as the foundation of the social ethic and guards of ianifying the human beings, which enriches and develops the theory of ethic justice. The booming of the justice ethic of Hume D. and Adam Smith is the major achievements of the ethic philosophy of the Scottish Enlightenment which indicates the transition of the European ethic from the theory of supreme kindness to the one of justice, and also the one from propagandizing the good while restraining the evil to prioritizing the justice, which foretells the transition from the ancient ethic to the current one. The essence of the ancient-to-current ethic transition is the converting of the community ethic of the particularism to the social ethic of the universalism. And the significance of justice ethic of Hume and Smith lies in that it indicates the booming of the regular ethic of universalism which is based on the justice

  7. Applying Social Justice Principles through School-Based Restorative Justice

    Science.gov (United States)

    von der Embse, Nathan; von der Embse, Daniel; von der Embse Meghan; Levine, Ian

    2009-01-01

    Social justice has recently received attention within the school psychology community. Yet, social justice is a nebulous term, as opined by Connelly (2009), who cautioned against searching for what is wrong and instead striving for the highest standards and recognizing needs of every unique child. Shriberg and colleagues (2008) have sought to…

  8. Development of the contemporary concept of restorative justice: Towards increased visibility of crime victims

    Directory of Open Access Journals (Sweden)

    Ćopić Sanja

    2012-01-01

    Full Text Available Contemporary concept of restorative justice emerged at the end of 1960s and the beginning of 1970s, at the time when repression and social exclusion stared to show their lacks. Restorative justice has emerged on the critics of the conventional criminal justice response to crime, which denies the power to both the victim and the offender, and particularly neglecting a victim and minimizing his/her role in the procedure. While the accent of the repressive discourse is on the crime and punishment, restorative discourse is focused on the relationship between parities involved in a criminal case, who should actively participate in the process of finding out adequate solution of the problem arose from the criminal offence. Keeping that in mind, it is quite obvious that theoretical knowledge, concepts and movements that are focused on victims, their rights, legal and overall position had the strongest impact on the development of restorative justice. Taking that as a departure point, the impact of the “conflict as property” concept, victimology, movement for the restitution, movement for victim’s rights, and feminist movement, on the development of a contemporary concept of restorative justice is analyzed in this paper, and vice versa.

  9. Great Constitutional Ideas: Justice, Equality, and Property.

    Science.gov (United States)

    Starr, Isidore

    1987-01-01

    Examines the ideas of justice, equality, and property as they are represented in the Declaration of Independence, the U.S. Constitution and the Bill of Rights. Discusses how these ideas affect the way public schools operate and the lessons educators teach or don't teach about our society. Includes ideas for classroom activities. (JDH)

  10. Employee conscientiousness, agreeableness, and supervisor justice rule compliance: A three-study investigation.

    Science.gov (United States)

    Huang, Jason L; Cropanzano, Russell; Li, Andrew; Shao, Ping; Zhang, Xin-An; Li, Yuhui

    2017-11-01

    Researchers have paid limited attention to what makes organizational authority figures decide to treat their employees either justly or unjustly. Drawing from the actor-focused model of justice, as well as the stereotype content model, we argue that employee conscientiousness and agreeableness can impact the extent to which supervisors adhere to normative rules for distributive, procedural, informational, and interpersonal justice, as a result of supervisors' evaluations of their employees' effort and their liking of the employees. Supervisory compliance with justice rules may, in turn, impact the extent to which employees judge themselves to be treated either justly or unjustly. We tested these possibilities in 3 studies. In Study 1, we utilized a meta-analysis to demonstrate positive relationships between employees' conscientiousness, agreeableness, and their justice perceptions. In Study 2, we conducted 3 experiments to test the causal relationship between employee personality and supervisor intentions to comply with justice rules. In Study 3, we conducted an employee-supervisor dyadic field survey to examine the entire mediation model. Results are discussed in terms of the potential roles that both employees and supervisors may play in shaping employees' justice perceptions. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

  11. On the relationship between justice and forgiveness: are all forms of justice made equal?

    Science.gov (United States)

    Wenzel, Michael; Okimoto, Tyler G

    2014-09-01

    This research investigates whether, following a wrongdoing, the restoration of justice promotes forgiveness. Three studies - one correlational recall study and two experimental scenario studies - provide evidence that while a restored sense of justice is overall positively related to forgiveness, forgiveness is highly dependent on the means of justice restoration being retributive (punitive) versus restorative (consensus-seeking) in nature. The findings showed that, overall, restorative but not retributive responses led to greater forgiveness. Although both retributive and restorative responses appeared to increase forgiveness indirectly through increased feelings of justice, for retributive responses these effects were counteracted by direct effects on forgiveness. Moreover, the experimental evidence showed that, while feelings of justice derived from restorative responses were positively related to forgiveness, feelings of justice derived from retributive responses were not. © 2013 The British Psychological Society.

  12. The sexual history provisions in the Youth Justice and Criminal Evidence Act 1999--a violation of the right to a fair trial?

    Science.gov (United States)

    Young, G

    2001-07-01

    In response to the Home Office recommendations contained in Speaking Up for Justice (1998) the Youth Justice and Criminal Evidence Act (YJCEA) 1999 introduced a new regime for the conduct of sexual offence trials. Section 41 of the Act, which came into force on 4 December 2000, brings about dramatic changes to the rules on the admissibility of evidence of complainants' sexual behaviour, severely restricting the discretion of trial judges to introduce such evidence or to allow questioning concerning it. This represents a radical new departure that will fundamentally affect an accused's position at trial. Responses to section 41 have predictably been divided given the extremely sensitive nature of this area of the law of evidence and the complex set of social and political issues which are at stake. Many have greeted it as a long overdue reform of a system premised upon outmoded and sexist beliefs concerning women's sexual behaviour which has routinely functioned to admit prejudicial and irrelevant evidence. Others, predominantly within the legal profession, have expressed serious concerns over whether the new law is workable and the extent to which, by potentially excluding critically relevant evidence, it may infringe upon a defendant's right to a fair trial. The quality of the legislation is soon to be tested. On 26 and 27 March 2001 the House of Lords heard an interlocutory appeal in the case of R v. A and were asked to decide if the new provisions, by excluding previous sexual history evidence between the complainant and the defendant, contravened Article 6 of the European Convention of Human Rights. Their Lordships are, at the time of writing, yet to give judgment and the fate of the defendant in question, and several others whose trials have been postponed pending their decision, hangs in the balance. This article seeks to show that the new Act, despite being well-intentioned, does not adopt a coherent or sustainable approach to the relevance of previous

  13. Justice and feelings: Toward a new era in justice research

    NARCIS (Netherlands)

    D. de Cremer (David); K. van den Bos (Kees)

    2007-01-01

    textabstractIn this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position

  14. How does justice smell? Reflections on space and place, justice and the body

    Directory of Open Access Journals (Sweden)

    Jacob Meiring

    2016-11-01

    Full Text Available Flowing from a joint consultation on Spatial Justice and Reconciliation on 21–22 September 2015, hosted by the Centre for Contextual Ministry and the Ubuntu Research Project of the University of Pretoria, this article reflects on the notions of space and justice from the perspective of a contemporary theological anthropology as â€embodied sensing’, where the making of meaning is sensed in the body. The argument is put forward that spatial justice is an embodied endeavour and that it cannot be achieved disconnected from the bodies of the persons in the concrete context where justice is strived for and where bodies can flourish. The relation between spatial justice, sense of place, human flourishing and the embodied sensing of meaning is explored.

  15. Justice on Both Sides: Transforming Education through Restorative Justice

    Science.gov (United States)

    Winn, Maisha T.

    2018-01-01

    Restorative justice represents "a paradigm shift in the way Americans conceptualize and administer punishment," says author Maisha T. Winn, from a focus on crime to a focus on harm, including the needs of both those who were harmed and those who caused it. Her book, "Justice on Both Sides," provides an urgently needed,…

  16. Restorative Justice in Children.

    Science.gov (United States)

    Riedl, Katrin; Jensen, Keith; Call, Josep; Tomasello, Michael

    2015-06-29

    An important, and perhaps uniquely human, mechanism for maintaining cooperation against free riders is third-party punishment. Our closest living relatives, chimpanzees, will not punish third parties even though they will do so when personally affected. Until recently, little attention has been paid to how punishment and a sense of justice develop in children. Children respond to norm violations. They are more likely to share with a puppet that helped another individual as opposed to one who behaved harmfully, and they show a preference for seeing a harmful doll rather than a victim punished. By 6 years of age, children will pay a cost to punish fictional and real peers, and the threat of punishment will lead preschoolers to behave more generously. However, little is known about what motivates a sense of justice in children. We gave 3- and 5-year-old children--the youngest ages yet tested--the opportunity to remove items and prevent a puppet from gaining a reward for second- and third-party violations (experiment 1), and we gave 3-year-olds the opportunity to restore items (experiment 2). Children were as likely to engage in third-party interventions as they were when personally affected, yet they did not discriminate among the different sources of harm for the victim. When given a range of options, 3-year-olds chose restoration over removal. It appears that a sense of justice centered on harm caused to victims emerges early in childhood and highlights the value of third-party interventions for human cooperation. Copyright © 2015 Elsevier Ltd. All rights reserved.

  17. Restorative justice as social justice for victims of gendered violence: a standpoint feminist perspective.

    Science.gov (United States)

    van Wormer, Katherine

    2009-04-01

    This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims and their advocates with the current system of mandatory law enforcement opens the door for consideration of alternative forms of dealing with domestic violence. Restorative justice strategies, as argued here, have several major advantages. Like social work, these strategies are solution-based rather than problem-based processes, give voice to marginalized people, and focus on healing and reconciliation. Moreover, restorative justice offers an avenue through which the profession of social work can re-establish its historic role in criminal justice. The four models most relevant to women's victimization are victim-offender conferencing, family group conferencing, healing circles, and community reparations. Each model is examined separately from a feminist standpoint. The discussion is informed by insights from the teachings of standpoint feminist theory and social work values, especially social justice.

  18. Justice and Feelings: Toward a New Era in Justice Research

    NARCIS (Netherlands)

    Cremer, D. de; Bos, K. van den

    2007-01-01

    In this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position of past

  19. An expanded model of the moral self: Beyond care and justice.

    Science.gov (United States)

    Miles, Andrew; Upenieks, Laura

    2018-05-01

    Most research on moral identities conceptualizes morality exclusively in terms of care and justice, but work from across the social sciences indicates that these represent only a corner of the moral landscape. Emphasizing care and justice alone severely restricts the scope of moral identity models, and risks under-estimating the influence of moral self-processes. To address this, we develop and validate measures of moral identity focused on group loyalty, authority, and purity, three additional facets of morality highlighted in Moral Foundations Theory. Although the loyalty identity is remarkably similar to the care/justice identity, the authority and purity identities are distinct, and demonstrate adequate convergent, divergent, and nomological validity. These identities also predict a wide range of behaviors that traditional care/justice focused moral identities miss. Taken together, our work indicates that the moral self is more complex - and has a much wider scope of influence - than previously supposed. Copyright © 2018 Elsevier Inc. All rights reserved.

  20. Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice

    Directory of Open Access Journals (Sweden)

    Intan Karangan

    2016-09-01

    Full Text Available This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution

  1. Building a Vision for the Transition in Syria | IDRC - International ...

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

    Five workshops held in Turkey and Egypt will discuss five topics: transitional justice and judicial reform; political reform; security reform; economic reform; and reforms to health systems and education. Each of these workshops will result in policy papers offering practical recommendations about the transition process and ...

  2. Corrective justice and contract law

    OpenAIRE

    MartĂ­n Hevia

    2010-01-01

    This article suggests that the central aspects of contract law in various jurisdictions can be explained within the idea of corrective justice. The article is divided into three parts. The first part distinguishes between corrective justice and distributive justice. The second part describes contract law. The third part focuses on actions for breach of contract and within that context reflects upon the idea of corrective justice.

  3. Crippling Sexual Justice

    DEFF Research Database (Denmark)

    Stormhøj, Christel

    2015-01-01

    Exploring homosexuals' citizenship in Denmark from a justice perspective, this article critically interrogates society's supposed gay-friendliness by asking how far it has moved in achieving sexual justice, and inquiring into the gains and pains of the existing modes of achieving this end...... and representation within family law, civil society, and in the labour market. In conclusion, I suggest the possibility of different evaluations of the level of sexual justice reached, a mainly positive, partially negative one. Additionally, I discuss the gains and pains of the existing normalizing politics....

  4. 28 CFR 550.56 - Community Transitional Drug Abuse Treatment Program (TDAT).

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Community Transitional Drug Abuse... JUSTICE INSTITUTIONAL MANAGEMENT DRUG PROGRAMS Drug Abuse Treatment Program § 550.56 Community Transitional Drug Abuse Treatment Program (TDAT). (a) For inmates to successfully complete all components of...

  5. 28 CFR 54.225 - Educational institutions eligible to submit transition plans.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Educational institutions eligible to submit transition plans. 54.225 Section 54.225 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED... Coverage § 54.225 Educational institutions eligible to submit transition plans. (a) Application. This...

  6. Does Europe need two Courts of Human Rights? On the Relationship between the Strasbourg and Luxembourg Courts

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2003-01-01

    Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice......Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice...

  7. The Principle Of Justice In Magna Carta Libertatum And Its Influence On The Law In General

    Directory of Open Access Journals (Sweden)

    Zendeli Emine

    2015-12-01

    Full Text Available This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to show the importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation.

  8. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

    Full Text Available In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we discern five procedural justice elements: (1 respect, (2 voice and due consideration, (3 some influence on how proceedings will continue, (4 an explanation of how the proceedings will continue and (5 direct interpersonal contact.The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i the possible or supposed collision between legally right outcomes and  procedural justice and (ii the lack of uniformity and predictability.Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.

  9. Corrective justice and contract law

    Directory of Open Access Journals (Sweden)

    MartĂ­n Hevia

    2010-06-01

    Full Text Available This article suggests that the central aspects of contract law in various jurisdictions can be explained within the idea of corrective justice. The article is divided into three parts. The first part distinguishes between corrective justice and distributive justice. The second part describes contract law. The third part focuses on actions for breach of contract and within that context reflects upon the idea of corrective justice.

  10. Mobilising for environmental justice in China

    OpenAIRE

    Balme, Richard

    2014-01-01

    This article assesses the situation of environmental rights in China in terms of political interactions and their implications for Chinese politics. Environmental justice is primarily conceived as equity in access to environmental goods and fairness in social processes dealing with market or government failures to provide environmental security. The argument is that environmental deterioration has a significant influence on the pattern of inequalities in the PRC, occasionally creating situati...

  11. The Value Of Justice In Child Criminal Justice System A Review Of Indonesian Criminal Law

    Directory of Open Access Journals (Sweden)

    Andi Sofyan

    2015-08-01

    Full Text Available The value of justice in Act No. 11 of 2012 concerns the Child Criminal Justice System Act No. SPPA confirms the Restorative Justice Approach as a method of disputes resolution. The method of research used was normative-legal research with philosophical approach. The results showed that the value of restorative justice through diversion contained in Act SPPA but the diversion limit for certain types of criminal acts and threats of punishment under seven 7 years and not a repetition criminal recidivists. This indicates that Act SPPA still contained a retributive justice not promote the interests of protection for child.

  12. Justice-based social assistance

    Science.gov (United States)

    Barrientos, Armando

    2016-01-01

    What are the main objectives of social protection institutions in developing countries? What should be their scope and reach? What is the source of their legitimacy? Finding appropriate answers to these questions is essential to understanding, and shaping, the emergence of welfare institutions in low- and middle-income countries. Most available answers rely on instrumental arguments. Few make reference to normative principles. This article draws on three concepts from Rawls – social justice as regulating cooperation, the social minimum, and the need for a freestanding political notion of social justice – to develop a coherent argument for grounding social assistance on social justice. In line with this argument, it identifies some parameters for a justice-based social assistance. This article then discusses, with examples, the tensions existing between a social justice-based social minimum and â€real’ social assistance institutions emerging in developing countries. PMID:27708544

  13. The Political Sociology of Human Rights

    OpenAIRE

    Nash, Kate

    2015-01-01

    The language of human rights is the most prominent 'people-centred' language of global justice today. This textbook looks at how human rights are constructed at local, national, international and transnational levels and considers commonalities and differences around the world. Through discussions of key debates in the interdisciplinary study of human rights, the book develops its themes by considering examples of human rights advocacy in international organisations, national states and local...

  14. A hermeneutic of justice. Justice as discernment in Matthew ...

    African Journals Online (AJOL)

    In some important dictionaries for the study of the New Testament, δικαιοĎύνη has two meanings: justice in the sense of distributive justice and righteousness as a relational notion. In Matthew, we discover that the word concerns a threefold loyalty: loyalty to the law, loyalty to fellow people, and loyalty to the will of God. In the ...

  15. Using Constitutional Provisions to Advance Environmental Justice – Some Reflections on Sri Lanka

    Directory of Open Access Journals (Sweden)

    Camena Guneratne

    2015-09-01

    Full Text Available This paper examines the principle of environmental justice and its potential applicability to developing countries such as Sri Lanka. It first considers the interpretation and application of the principle in its country of origin, the United States, where it is used primarily to address problems of discrimination in the context of pollution. The paper takes the view that while such an interpretation of environmental justice is valid in this particular context, it cannot address issues of environment and development that arise in countries of the global South, which are grappling with development processes. These processes give rise to issues that may be subject to judicial determination, including sustainable development, protection of natural resources, human rights and social equity. The principle must therefore be re-interpreted to encompass all these dimensions. This paper argues that such an expansion and implementation of the principle of environmental justice in a context of environment and development in countries such as Sri Lanka, is most effective within a constitutional framework of human rights. Constitutions provide both the substantive and procedural foundation of rights, which are interpreted, enforced and given validity at the highest level of the judicial process. Even where environmental rights per se are not contained in a constitution, the existing rights can be, and have been, re-formulated to address issues of environment and development and related human rights. This paper analyses constitutional rights in Sri Lanka, which although limited in scope, has nevertheless formed the basis of a wide body of jurisprudence which brings new dimensions to the principle.

  16. Doing justice to social justice in South African higher education ...

    African Journals Online (AJOL)

    This paper attempts to develop a conceptualisation of social justice in higher education based on a close reading of the current literature in the field. An important assumption we make is that higher education is a valuable mechanism for social justice. We set the literature against policy documents that detail South African ...

  17. Water Demand Management for Social Justice — Women, like men ...

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

    2010-12-22

    Dec 22, 2010 ... ... and management of water projects enhances the intended results of projects and contributes to the sustainability of water resources as well as to social justice. ... Women's rights and access to water and sanitation in Delhi.

  18. European citizenship and the right to reside : No one on the outside has a right to be inside

    NARCIS (Netherlands)

    Raucea, Chiara

    This paper deals with the question: Who ought not to be excluded from the enjoyment of European citizenship rights? Recently, the Court of Justice has ruled that, in exceptional situations, the 'genuine enjoyment of the substance of rights attaching to European citizenship' can be invoked in order

  19. THE INACCESSIBILITY OF JUSTICE FOR MIGRANT WORKERS: A CAPABILITIES-BASED PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Bethany Hastie

    2018-02-01

    Full Text Available This article examines the barriers migrant workers face in accessing justice, including the ability to assert legal rights in the workplace, and to access mechanisms for legal redress or remedy. Drawing on empirical research, and using the capabilities approach as a conceptual framework through which to examine these issues, this article demonstrates that the regulatory structure of the Temporary Foreign Worker Programs operates to actively constrain the ability for migrant workers to assert their rights in the workplace, and seek effective legal remedies in the face of rights violations.   Cet article porte sur les obstacles auxquels se heurtent les travailleurs migrants lorsqu’ils tentent d’avoir accès à la justice, notamment en ce qui concerne les moyens d’exercer des recours en justice ou d’obtenir réparation, ainsi que sur l’écart manifeste entre les signalements de cas d’exploitation de travailleurs migrants et la jurisprudence connexe actuelle. En se fondant sur des recherches empiriques et en utilisant comme cadre conceptuel l’approche axée sur les capacités, l’auteure de cet article montre que la structure de réglementation du Programme des travailleurs étrangers temporaires restreint sensiblement la capacité des travailleurs migrants de faire valoir leurs droits au travail et d’exercer des recours juridiques efficaces lorsque leurs droits sont bafoués.

  20. The construction of feelings of justice in environmental management: An empirical study of multiple biodiversity conflicts in Calakmul, Mexico.

    Science.gov (United States)

    Lecuyer, Lou; White, Rehema M; Schmook, Birgit; Lemay, Violaine; Calmé, Sophie

    2018-05-01

    A failure to address social concerns in biodiversity conservation can lead to feelings of injustice among some actors, and hence jeopardize conservation goals. The complex socio-cultural and political context of the Calakmul Biosphere Reserve, Mexico, has historically led to multiple biodiversity conflicts. Our goal, in this case study, was to explore perceptions of justice held by local actors in relation to biodiversity conflicts. We then aimed to determine the following: 1) people's definitions of their feelings of justice; 2) the criteria used in this assessment; 3) variability in the criteria influencing them; and 4) implications for environmental management in the region and beyond. We worked with five focus groups, exploring three examples of biodiversity conflict around forest, water and jaguar management with a total of 41 ranchers, farmers and representatives of local producers. Our results demonstrated that people constructed their feelings of justice around four dimensions of justice: recognition (acknowledging individuals' rights, values, cultures and knowledge systems); ecological (fair and respectful treatment of the natural environment), procedural (fairness in processes of environmental management), distributive (fairness in the distribution of costs and benefits). We identified a list of criteria the participants used in their appraisal of justice and sources of variation such as the social scale of focus and participant role, and whom they perceived to be responsible for resource management. We propose a new framework that conceptualizes justice-as-recognition and ecological justice as forms of conditional justices, and procedural and distributive justices as forms of practical justice. Conditional justice allows us to define who is a legitimate source of justice norms and if nature should be integrated in the scope of justice; hence, conditional justice underpins other dimensions of justice. On the other hand, procedural and distributive address

  1. Is prophetic discourse adequate to address global economic justice?

    Directory of Open Access Journals (Sweden)

    Piet J. Naudé

    2011-04-01

    Full Text Available This article outlined key features of prophetic discourse and investigated whether this form of moral discourse adequately addresses issues of economic injustice. It is shown that the strength of prophetic discourse is its ability to denounce instances of injustice whilst at the same time announcing a God-willed alternative future. The â€preferential option for the poor’ in Latin American liberation theologies is treated as a case study of the influence of prophetic discourse in contexts of perceived economic injustice. Also the core weaknesses of prophetic discourse are investigated, specifically its incomplete moral argument, weak moral analyses, silence on transition measures, and its inability to take a positive stance on reforms in the system from which itself benefits. In the final section it is concluded that prophetic discourse plays an indispensable role in addressing issues of global economic justice, but – taken by itself – it is not an adequate form of moral discourse to address concrete matters of justice.

  2. A victim-centered approach to justice? Victim satisfaction effects on third-party punishments.

    Science.gov (United States)

    Gromet, Dena M; Okimoto, Tyler G; Wenzel, Michael; Darley, John M

    2012-10-01

    Three studies investigated whether victims' satisfaction with a restorative justice process influenced third-party assignments of punishment. Participants evaluated criminal offenses and victims' reactions to an initial restorative justice conference, and were later asked to indicate their support for additional punishment of the offender. Across the three studies, we found that victim satisfaction (relative to dissatisfaction) attenuates people's desire to seek offender punishment, regardless of offense severity (Study 2) or conflicting reports from a third-party observer (Study 3). This relationship was explained by the informational value of victim satisfaction: Participants inferred that victims felt closure and that offenders experienced value reform, both of which elevated participants' satisfaction with the restorative justice outcome. The informational value communicated by victim satisfaction, and its criminal justice implications, are discussed. PsycINFO Database Record (c) 2012 APA, all rights reserved.

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

    Directory of Open Access Journals (Sweden)

    George R. Lueddeke

    2015-12-01

    To strengthen the likelihood of realizing the post-2015 Sustainable Development Goals (SDGs, particularly with regard to “planet and population” health and well-being , UN and other decision-makers are urged to consider the adoption of an integrated SDG framework that is based on (i a vision of global justice - underpinned by peace, security and basic human rights; (ii the development of interdependent and interconnected strategies for each of the eleven thematic indicators identified in the UN document The World We Want; and (iii the application of guiding principles to measure the impact of SDG strategies in terms of holism, equity, sustainability, ownership, and global obligation. While current discussions on the SDGs are making progress in a number of areas, the need for integration of these around a common global vision and purpose seems especially crucial to avoid MDG shortcomings.

  4. Restorative Justice as Social Justice for Victims of Gendered Violence: A Standpoint Feminist Perspective

    Science.gov (United States)

    van Wormer, Katherine

    2009-01-01

    This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims…

  5. the search for environmental justice in the niger delta and corporate

    African Journals Online (AJOL)

    OLAWUYI

    Keywords: Environmental Justice, Niger Delta, Corporate Accountability, Torts, kiobel .... U.S. Courts to Victims of Corporate Human Rights Abuses', 146 Columbia ... 7 Amokaye O.G., Environmental Law and Practice in Nigeria (Lagos, Unilag ...

  6. Income, Wealth and Health Inequalities - A Scottish Social Justice Perspective.

    Science.gov (United States)

    Molony, Elspeth; Duncan, Christine

    2016-01-01

    This paper considers health inequalities through a social justice perspective. The authors draw on a variety of existing sources of evidence, including experiential, scientific and contextual knowledge. The authors work with NHS Health Scotland, a national Health Board working to reduce health inequalities and improve health. Working closely with the Scottish Government and with a variety of stakeholders across different sectors, NHS Health Scotland's vision for a fairer, healthier Scotland is founded on the principles of social justice. The paper takes social justice as the starting point and explores what it means for two interlinked paradigms of social injustice-health inequality and income inequality. Utilising the wealth of evidence synthesised by NHS Health Scotland as well as drawing on the writings and evidence of philosophers, epidemiologists, the Scottish Government and international bodies, the authors explore the links between income and wealth inequality, social justice, the right to health and health inequalities. The paper ends by considering the extent to which there is appetite for social change in Scotland by considering the attitudes of the people of Scotland and of Britain to poverty, inequality and welfare.

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

    Directory of Open Access Journals (Sweden)

    Elena ANDREEVSKA

    2014-05-01

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

  8. Organizational Justice Perception According to Generations

    Directory of Open Access Journals (Sweden)

    Zeki YĂśKSEKBÄ°LGÄ°LÄ°

    2015-12-01

    Full Text Available Although there are many different researches on the subject of organizational justice, there is no research on organizational justice perception according to generations. In this study, the research subject is defined if there is a difference on the perception of organizational justice between x and y generations. After a conduct of 430 surveys the Organizational Justice Scale is used. As a result, it is proved that there is no significant difference between the organizational justice perceptions according to generations

  9. Exploring Social Justice in Mixed/Divided Cities: From Local to Global Learning.

    Science.gov (United States)

    Shdaimah, Corey; Lipscomb, Jane; Strier, Roni; Postan-Aizik, Dassi; Leviton, Susan; Olsen, Jody

    University of Haifa and the University of Maryland, Baltimore faculty developed a parallel binational, interprofessional American-Israeli course which explores social justice in the context of increasing urban, local, and global inequities. This article describes the course's innovative approach to critically examine how social justice is framed in mixed/divided cities from different professional perspectives (social work, health, law). Participatory methods such as photo-voice, experiential learning, and theatre of the oppressed provide students with a shared language and multiple media to express and problematize their own and others' understanding of social (in)justice and to imagine social change. Much learning about "self" takes place in an immersion experience with "others." Crucial conversations about "the other" and social justice can occur more easily within the intercultural context. In these conversations, students and faculty experience culture as diverse, complex, and personal. Students and faculty alike found the course personally and professionally transformative. Examination of social justice in Haifa and Baltimore strengthened our appreciation for the importance of context and the value of global learning to provide insights on local challenges and opportunities. Copyright © 2016 Icahn School of Medicine at Mount Sinai. Published by Elsevier Inc. All rights reserved.

  10. Theorizing Time in Abortion Law and Human Rights.

    Science.gov (United States)

    Erdman, Joanna N

    2017-06-01

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

  11. Trying to restore justice: bureaucracies, risk management, and disciplinary boundaries in New Zealand criminal justice.

    Science.gov (United States)

    Fox, Kathryn J

    2015-05-01

    New Zealand is well known for its restorative justice conferences in the youth justice system. However, restorative justice has yet to overwhelm the adult criminal justice system. Based on interviews in New Zealand with correctional staff, restorative justice providers, and others, this article explores the reason for the modest inroads that restorative practice has made, and suggests that the general context may explain the limits of restorative justice in other places. The article argues that bureaucratic silos make it challenging to determine if restorative practice might fit within a rehabilitation or reintegration framework. In addition, because of the dominance of psychological modes for assessing and treating criminal behavior, an overarching preoccupation with risk management orients correctional practice toward treatment. Moreover, restorative justice's affiliation with victims' perspectives has made its placement within offender reintegration difficult to imagine. Finally, the penal populism that frames correctional practice in New Zealand, and other Anglophone countries, makes alternative to punishment harder to sell. However, the current liminal state of correctional practice creates an opportunity to conceive of more humanistic ways of repairing the harm caused by crime. © The Author(s) 2013.

  12. Using research to improve access to justice around the world | IDRC ...

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

    2017-03-07

    Mar 7, 2017 ... a group of women protesting for their right to a better life ... Research projects often last two to three years, and in many cases involve testing of ... and training on how land tenure, governance, and justice structures work. ... A new project is now building on these results, enhancing respect for rights in this ...

  13. Juvenile justice in cameroon 50 years after independence ; what ...

    African Journals Online (AJOL)

    AZERTY

    justice in criminal matters. 6. The above ... For a fine understanding of the above laws, see Mukete "Rights of the Juvenile ...... appointment and duration of office, protection from external influences and the appearance of ..... education, lack of opportunities, media violence, poverty, divorce, child abuse, and other similar ...

  14. CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

    OpenAIRE

    R. Perlingeiro

    2016-01-01

    This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela). According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectivenes...

  15. Juvenile Justice

    OpenAIRE

    International Child Development Centre

    1998-01-01

    The third Innocenti Digest deals with the main issues connected with children and young people coming into conflict with the law and contact with the justice system. It looks at standards and problems from arrest through to the court hearing and sentencing, use of custodial measures and ways of avoiding the child’s unnecessary and counter-productive involvement with the formal justice system. It also covers prevention questions. Like previous publications in the series, it contains practical ...

  16. Feasibility of energy justice: Exploring national and local efforts for energy development in Nepal

    International Nuclear Information System (INIS)

    Islar, Mine; Brogaard, Sara; Lemberg-Pedersen, Martin

    2017-01-01

    The energy justice framework serves as an important decision-making tool in order to understand how different principles of justice can inform energy systems and policies. The realization of the urgency of providing modern energy technology and services particularly to rural areas has prompted both the Nepalese government and development institutions to focus on community-run renewable energy facilities. It is argued that off-grid and micro-scale energy development offers an alternative path to fossil-fuel use and top-down resource management as they democratize the grid and increase marginalized communities' access to renewable energy, education and health care. However, Nepal's energy development is also heavily influenced by demands from the fast-growing economies of neighboring countries such as China and India. As a result, this article evaluates the Nepalese national energy policies by applying the key aspects of the energy justice framework and showing the feasibility constraints due to geopolitical and biophysical factors to the implementation of energy just policies in this developing country context. The empirical evidence is derived from interviews during a one-month fieldwork in the Lalitpur and Katmandu districts of Nepal, site-visits, discourse analysis of expert statements, government policies and newspaper articles as well literature review on peer-review articles. - Highlights: • Energy justice framework can be used as a decision-making tool. • Energy transitions need to be understood from multiple perspectives. • Justice principles may face geopolitical, biophysical and ethical feasibility constraints. • The implementation of energy justice principles requires attention to the problem of agency.

  17. Overcoming Misinterpretation and Irrationality: Doing Ethics at the Intersection of Social Justice, Liberation, and Civil/Human Rights

    Science.gov (United States)

    Ross, Rosetta E.

    2012-01-01

    Historian of religions Charles Long uses the term "American cultural language" to identify discursive challenges to democracy and social justice in the Unites States. The American cultural language, Long says, is the "misinterpretation" of humanness and freedom conveyed when the term "American"--used to signify…

  18. THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES

    Directory of Open Access Journals (Sweden)

    R.J. Sánchez

    2016-01-01

    Full Text Available Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems regarding the inefficient work of Courts.

  19. Victims’ Rights and the Right to Review: A Corollary of the Victim’s Pre-Trial Rights to Justice

    Directory of Open Access Journals (Sweden)

    Tyrone Kirchengast

    2016-12-01

    Full Text Available In R v Christopher Killick [2011] EWCA Crim 1608, the Criminal Division of the Court of Appeal for England and Wales gave a decision setting out the rights of a crime victim to seek review of a Crown Prosecution Service (CPS decision not to prosecute and concluded that victims have the right to seek review in such circumstances. This included a recommendation that the right to review should be made the subject of clearer procedures and guidance. This paper discusses article 10 of the Proposal for a Directive of the European Parliament and of the Council, (2011 2011/0129 (COD 18 May 2011 establishing minimum standards on the rights, support and protection of victims of crime (see article 11 Final Directive as applied in the Killick case. The paper further discusses the implementation of Killick in prosecution policy, namely in the CPS guideline on the victims’ right to review (Director of Public Prosecutions for England and Wales 2014. The right to review will be canvassed in light the existing framework of victim rights available during the pre-trial phase and, in particular, the right to private prosecution, access to counsel, and adjunctive and extra-curial rights from declarations or charters of victim rights.

  20. EDITORIAL: Environmental justice: a critical issue for all environmental scientists everywhere

    Science.gov (United States)

    Stephens, Carolyn

    2007-10-01

    It is now commonly understood that much of the worldwide burden of environmental ill health falls disproportionately on poorer peoples [1,2]. There is also substantial evidence that much environmental damage internationally is the result of the actions of richer nations or richer groups within nations—with impacts on poorer nations and poorer groups within nations [1,3,4]. It is becoming clear also that poorer peoples internationally experience multiple environmental harms, and that these may have a cumulative effect. The world is becoming more urbanized, and cities are becoming the locus for many of the local issues of environmental damage and environmental harm [4,5]. But cities are also responsible for substantial international environmental damage: for example, it is increasingly evident that cities are one of the main generators of climate change, and that the actions of people in cities in the rich world are deeply linked to the well-being of the overall ecosystem and of people worldwide. Environmental justice is a concept that links the environmental health science documenting these harms, to debates around rights, justice and equity. It fundamentally deals with the distribution of environmental goods and harms—and looks at who bears those harms and who is responsible for creating those harms, in both a practical sense but also in terms of policy decisions. It is a radical environmental health movement that has evolved from civil society groups, angered at what they perceive as the `unjust' distribution of environmental resources for health and, conversely the `unjust' distribution of environmental harms. The movement now includes a collaboration of non-governmental organizations with environmental scientists, public health professionals, and lawyers, all working on the issue of the distributions of environmental harms and the rights of everyone to a healthy environment. This special issue is both timely and important. Environmental justice is moving

  1. Psychology and criminal justice

    OpenAIRE

    Adler, Joanna R.

    2013-01-01

    This chapter is designed to give the reader a flavour of a few areas in which psychology has been applied to criminal justice. It begins by providing some historical context and showing the development of some applications of psychology to criminal justice. The chapter is broadly split into 3 sections: Pre Trial; Trial; and Post Trial. In most of this chapter, the areas considered assess how psychology has had an influence on the law and how psychologists work within criminal justice settings...

  2. Relationships are building blocks to social justice: Cases of biblical justice and African Ubuntu

    Directory of Open Access Journals (Sweden)

    Selaelo T. Kgatla

    2016-10-01

    Full Text Available The entire Bible is full of themes calling humans to live justly with one another and fear God who is the author of justice. The first book of the Bible, Genesis, carries the story of God’s relationship with his people. Their relationship is bound by social justice and mutual love in reciprocity. This article argues that African Ubuntu has an affinity with the Bible’s message of justice and mutual caring for one another. Ubuntu presupposes that humans were created in God’s image and indicates that characteristics such as kindness, charity, equality, love of one’s neighbours and voluntarily dispensing justice to others are present in human life. God created humans to be bound to one another in caring love, coexistence and total dependence. In today’s world, social justice requires good judgement from those who are in privileged positions to implement it.

  3. Understanding Education for Social Justice

    Science.gov (United States)

    Hytten, Kathy; Bettez, Silvia C.

    2011-01-01

    It has become increasingly common for education scholars to claim a social justice orientation in their work. At the same time, education programs seem to be adding statements about the importance of social justice to their mission, and a growing number of teacher education programs are fundamentally oriented around a vision of social justice.…

  4. Organizational uncertainty and stress among teachers in Hong Kong: work characteristics and organizational justice.

    Science.gov (United States)

    Hassard, Juliet; Teoh, Kevin; Cox, Tom

    2017-10-01

    A growing literature now exists examining the relationship between organizational justice and employees' experience of stress. Despite the growth in this field of enquiry, there remain continued gaps in knowledge. In particular, the contribution of perceptions of justice to employees' stress within an organizational context of uncertainty and change, and in relation to the new and emerging concept of procedural-voice justice. The aim of the current study was to examine the main, interaction and additive effects of work characteristics and organizational justice perceptions to employees' experience of stress (as measured by their feelings of helplessness and perceived coping) during an acknowledged period of organizational uncertainty. Questionnaires were distributed among teachers in seven public primary schools in Hong Kong that were under threat of closure (n = 212). Work characteristics were measured using the demand-control-support model. Hierarchical regression analyses observed perceptions of job demands and procedural-voice justice to predict both teachers' feelings of helplessness and perceived coping ability. Furthermore, teacher's perceived coping was predicted by job control and a significant interaction between procedural-voice justice and distributive justice. The addition of organizational justice variables did account for unique variance, but only in relation to the measure of perceived coping. The study concludes that in addition to 'traditional' work characteristics, health promotion strategies should also address perceptions of organizational justice during times of organizational uncertainty; and, in particular, the value and importance of enhancing employee's perceived 'voice' in influencing and shaping justice-related decisions. © The Author 2016. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

  5. 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...

  6. Engineering justice transforming engineering education and practice

    CERN Document Server

    Leydens, Jon A

    2018-01-01

    Using social justice as a catalyst for curricular transformation, Engineering Justice presents an examination of how politics, culture, and other social issues are inherent in the practice of engineering. It aims to align engineering curricula with socially just outcomes, increase enrollment among underrepresented groups, and lessen lingering gender, class, and ethnicity gaps by showing how the power of engineering knowledge can be explicitly harnessed to serve the underserved and address social inequalities. This book is meant to transform the way educators think about engineering curricula through creating or transforming existing courses to attract, retain, and motivate engineering students to become professionals who enact engineering for social justice. Engineering Justice offers thought-provoking chapters on: why social justice is inherent yet often invisible in engineering education and practice; engineering design for social justice; social justice in the engineering sciences; social justice in human...

  7. On Thomas Pogge’s Theory of Global Justice. Why We Are Not Collectively Responsible for the Global Distribution of Benefits and Burdens between Individuals

    DEFF Research Database (Denmark)

    Midtgaard, Søren Flinch

    2012-01-01

    Thomas Pogge’s ingenious and influential Rawlsian theory of global justice asserts that principles of justice such as the difference principle or, alternatively, a universal criterion of human rights consisting of a subset of the principles of social justice apply to the global basic structure...

  8. Social Justice Praxis in Education: Towards Sustainable Management Strategies

    Science.gov (United States)

    van Deventer, Idilette; van der Westhuizen, Philip C.; Potgieter, Ferdinand J.

    2015-01-01

    Social justice, defined as an impetus towards a socially just educational world, is based on the assumption that all people, irrespective of belief or societal position, are entitled to be treated according to the values of human rights, human dignity and equality. Diverging from the classical positivist approach in social science research that…

  9. 78 FR 64245 - AG Survey of Transitional Housing Assistance for Victims of Domestic Violence, Dating Violence...

    Science.gov (United States)

    2013-10-28

    ... DEPARTMENT OF JUSTICE [OMB Number 1122-NEW] AG Survey of Transitional Housing Assistance for Victims of Domestic Violence, Dating Violence, Stalking, or Sexual Assault Program Grantees Agency Information Collection Activities: New Collection ACTION: 60-day notice. The Department of Justice, Office on Violence Against Women (OVW) will be...

  10. Kingdom, covenant, and human rights

    Directory of Open Access Journals (Sweden)

    Koos Vorster

    2017-07-01

    Full Text Available This research revisits the idea of a Christian perspective on human rights. Departing from a hermeneutics of trust, this article considers the concept of human rights from the perspective of revelation history. Revelation history departs from the consent of the parts of Scripture, irrespective of differences in dating, original languages, canonical differentiation, cultural, social and historical contexts. Scripture offers a theological unity consisting of various topics which are developed continuing and purposeful throughout the biblical revelation. Two of the major topics in Scripture as they are revealed by a revelation historical survey are the concepts kingdom of God and the covenant of God with God’s people. In this article these two concepts will be used as a foundation for a Christian theory of human rights both as legal human rights and moral human rights. The central theoretical argument of this investigation is that both the concepts kingdom and covenant are essentially about justice and relationships – the justice of the kingdom and the relation between God and humankind, the relation between people and the relation between humans and creation. These relations are the essence of the rights people have, vis-à-vis the authority of the day and other people. These rights, which deal with the orderly maintenance of relationships, can be formalised in legal human rights and should be nurtured and protected by the civil authorities. Christians and churches as moral agents in society have the calling to promote the idea of human rights in constitutional democracies.

  11. Misery loves company: team dissonance and the influence of supervisor-focused interpersonal justice climate on team cohesiveness.

    Science.gov (United States)

    Stoverink, Adam C; Umphress, Elizabeth E; Gardner, Richard G; Miner, Kathi N

    2014-11-01

    The organizational justice literature has examined the effects of supervisor-focused interpersonal justice climate, or a team's shared perception of the dignity and respect it receives from its supervisor, on a number of important outcomes directed at organizational authorities. Considerably less is known about the potential influence of these shared perceptions on coworker-directed outcomes. In 2 experiments, we predict that a low (unfair) supervisor-focused interpersonal justice climate generates greater team cohesiveness than a high (fair) supervisor-focused interpersonal justice climate. We further examine the process through which this effect occurs. Drawing from cognitive dissonance theory, we predict that low (vs. high) supervisor-focused interpersonal justice climate generates greater team dissonance, or shared psychological discomfort, for team members and that this dissonance serves as an underlying mechanism through which supervisor-focused interpersonal justice climate influences a team's cohesiveness. Our results demonstrate support for these predictions in that low supervisor-focused interpersonal justice climate led to higher levels of both team dissonance and team cohesiveness than did high supervisor-focused interpersonal justice climate, and team dissonance mediated this relationship. Implications and areas for future research are discussed. (PsycINFO Database Record (c) 2014 APA, all rights reserved).

  12. Indigenous Australians, Intellectual Disability and Incarceration: A Confluence of Rights Violations

    Directory of Open Access Journals (Sweden)

    Claire E. Brolan

    2018-02-01

    Full Text Available Abstract: This article reviews the health and wellbeing of Aboriginal and Torres Strait Islander Australians with intellectual disability in the Australian prison system through a human rights lens. There is an information gap on this group of Australian prisoners in the health and disability literature and the multi-disciplinary criminal law and human rights law literature. This article will consider the context of Indigenous imprisonment in Australia and examine the status of prisoner health in that country, as well as the status of the health and wellbeing of prisoners with intellectual disability. It will then specifically explore the health, wellbeing and impact of imprisonment on Indigenous Australians with intellectual disability, and highlight how intersectional rights deficits (including health and human rights deficits causally impact the ability of Indigenous Australians with intellectual disability to access due process, equal recognition and justice in the criminal justice and prison system. A central barrier to improving intersectional and discriminatory landscapes relating to health, human rights and justice for Indigenous Australian inmates with intellectual disability, and prisoners with intellectual disability more broadly in the Australian context, is the lack of sufficient governance and accountability mechanisms (including Indigenous-led mechanisms to enforce the operationalisation of consistent, transparent, culturally responsive, rights-based remedies.

  13. The Multi-Layered Crisis - Impacts on People's Rights in Asia and Europe

    DEFF Research Database (Denmark)

    Schmidt, Johannes Dragsbæk

    Invited key-note speech for the Roundtable on "Challenges to participatory democracy and human rights in the globalized market" at the 7th Asia-Europe People's Forum "For Social and Ecological Justice" in Beijing, China 13-15 October 2008......Invited key-note speech for the Roundtable on "Challenges to participatory democracy and human rights in the globalized market" at the 7th Asia-Europe People's Forum "For Social and Ecological Justice" in Beijing, China 13-15 October 2008...

  14. Addressing elder abuse: the Waterloo restorative justice approach to elder abuse project.

    Science.gov (United States)

    Groh, Arlene; Linden, Rick

    2011-04-01

    The Community Care Access Centre (CCAC) of Waterloo Region, in partnership with a number of other social service agencies, designed and implemented a restorative justice model applicable to older adults who have been abused by an individual in a position of trust. The project was very successful in building partnerships, as many community agencies came together to deal with the problem of elder abuse. The program also raised the profile of elder abuse in the community. However, despite intensive efforts, referrals to the restorative justice program were quite low. Because of this, the program moved to a new organizational model, the Elder Abuse Response Team (EART), which has retained the guiding philosophy of restorative justice but has broadened the mandate. The team has evolved into a conflict management system that has multiple points of entry for cases and multiple options for dealing with elder abuse. The team has developed a broad range of community partners who can facilitate referrals to the EART and also can help to provide an individualized response to each case. The transition to the EART has been successful, and the number of referrals has increased significantly. Copyright © Taylor & Francis Group, LLC

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

    Directory of Open Access Journals (Sweden)

    Mauricio Berger

    2016-07-01

    Full Text Available The political struggles against the environmental, health, social, and economic impacts of neo-developmentalism and neo-extractivism in Latin America have been theoretically fertile. From the diversity of perspectives, we recover the contributions of a sociology of public problems for the struggles for Environmental Justice, basically because it promotes the practice of research as a reflexive and democratic form of cooperation between those directly environmentally affected and all those subject to a structure of environmental injustice. First, we present the epistemological, ethical and political dimension, defined by the active formation of a public. Secondly, we focus on the conceptual, strategic and institutional creativity of the public, with examples of the problems caused by the environmental and health impacts of the massive use of agrotoxics in gmo agriculture. Finally, we establish a bridge between the contributions of a sociology of public problems and Environmental Justice, the latter considered as a field of thought and action with competence in environmentalist discourses, meaning that the concept of justice is not reduced to state administration. Instead it refers to the diversity of practices in the public sphere, claiming and criticizing the unequal distribution of environmental risk and harm. At the same time, these practices creatively promote institutional reforms and transformations toward the full enforcement of rights and guarantees to life, health and the environment. A sociology of public problems aims to provide an understanding of the struggle for rights and recognition of forms of life, social and environmental equity and the right to democratic participation and the broad exercise of self-determination in building a society with environmental justice.

  16. Social justice in pandemic preparedness.

    Science.gov (United States)

    DeBruin, Debra; Liaschenko, Joan; Marshall, Mary Faith

    2012-04-01

    Pandemic influenza planning in the United States violates the demands of social justice in 2 fundamental respects: it embraces the neutrality of procedural justice at the expense of more substantive concern with health disparities, thus perpetuating a predictable and preventable social injustice, and it fails to move beyond lament to practical planning for alleviating barriers to accessing care. A pragmatic social justice approach, addressing both health disparities and access barriers, should inform pandemic preparedness. Achieving social justice goals in pandemic response is challenging, but strategies are available to overcome the obstacles. The public engagement process of one state's pandemic ethics project influenced the development of these strategies.

  17. Income, Wealth and Health Inequalities — A Scottish Social Justice Perspective

    Directory of Open Access Journals (Sweden)

    Elspeth Molony

    2016-04-01

    Full Text Available This paper considers health inequalities through a social justice perspective. The authors draw on a variety of existing sources of evidence, including experiential, scientific and contextual knowledge. The authors work with NHS Health Scotland, a national Health Board working to reduce health inequalities and improve health. Working closely with the Scottish Government and with a variety of stakeholders across different sectors, NHS Health Scotland’s vision for a fairer, healthier Scotland is founded on the principles of social justice. The paper takes social justice as the starting point and explores what it means for two interlinked paradigms of social injustice—health inequality and income inequality. Utilising the wealth of evidence synthesised by NHS Health Scotland as well as drawing on the writings and evidence of philosophers, epidemiologists, the Scottish Government and international bodies, the authors explore the links between income and wealth inequality, social justice, the right to health and health inequalities. The paper ends by considering the extent to which there is appetite for social change in Scotland by considering the attitudes of the people of Scotland and of Britain to poverty, inequality and welfare.

  18. Income, Wealth and Health Inequalities — A Scottish Social Justice Perspective

    Science.gov (United States)

    Molony, Elspeth; Duncan, Christine

    2016-01-01

    This paper considers health inequalities through a social justice perspective. The authors draw on a variety of existing sources of evidence, including experiential, scientific and contextual knowledge. The authors work with NHS Health Scotland, a national Health Board working to reduce health inequalities and improve health. Working closely with the Scottish Government and with a variety of stakeholders across different sectors, NHS Health Scotland's vision for a fairer, healthier Scotland is founded on the principles of social justice. The paper takes social justice as the starting point and explores what it means for two interlinked paradigms of social injustice—health inequality and income inequality. Utilising the wealth of evidence synthesised by NHS Health Scotland as well as drawing on the writings and evidence of philosophers, epidemiologists, the Scottish Government and international bodies, the authors explore the links between income and wealth inequality, social justice, the right to health and health inequalities. The paper ends by considering the extent to which there is appetite for social change in Scotland by considering the attitudes of the people of Scotland and of Britain to poverty, inequality and welfare. PMID:29546160

  19. Learners' and teachers' perceptions of principals' leadership in Soweto secondary schools: a social justice analysis

    Directory of Open Access Journals (Sweden)

    Patrick Mafora

    2013-01-01

    Full Text Available The legislative framework for education in South Africa enforces the democratisation and transformation of education consistent with the values of human dignity, equity, human rights, and freedom. As ex officio members of School Governing Bodies (SGBs and professional managers of schools, principals should play a pivotal role in providing transformative leadership for social justice in these schools. The purpose of this study was to examine, through a social justice framework, how teachers and learners who are SGB members perceive and experience the principals' leadership in Soweto secondary schools. Five schools were purposefully sampled for this qualitative case study. Data were collected through semi-structured focus group interviews and follow-up individual interviews. Findings suggest that learners and teachers experience sampled schools as democratically untransformed with a climate fraught with unfairness, inequity, disregard for human rights, and intolerance of diversity. The leadership behaviour of principals is perceived as a barrier to democratic transformation and social justice and this engenders resistance and threatens management effectiveness.

  20. Democracy's Orphans: Rights, Responsibility, and the Role of the State in the Lives of Incarcerated Youth

    Science.gov (United States)

    Gardner, Joby

    2010-01-01

    Transition to adulthood is increasingly complex, extended, and challenging. Working-class Brown and Black young men face very difficult transitions, as they are overrepresented in the justice system, poverty, foster care, special education, and among victims of violence. What effects do these developments have on young people's places in free…

  1. The concept of energy justice across the disciplines

    International Nuclear Information System (INIS)

    Heffron, Raphael J.; McCauley, Darren

    2017-01-01

    Over the last decade, â€Energy Justice’ is a concept that has emerged in research across many disciplines. This research explores the role and value of the energy justice concept across the disciplines. It provides the first critical account of the emergence of the energy justice concept in both research and practice. A diagrammatical image for examining the energy justice concepts is presented and this is a tool for interdisciplinary engagement with the concept. In this context, restorative justice is introduced and how it results in energy justice applying in practice is detailed. Energy research scholarship at universities is assessed and it is clear that through universities there is a platform for energy justice scholarship to build on the interdisciplinary energy scholarship at universities. Further, the role of education is vital to policy-making, and the understanding and development of the energy justice concept. Finally, in analysing how the energy justice concept can impact on policy-making, there is a critical examination of the energy justice and its relationship with economics, and how it can transfer directly into practice by assisting in balancing the competing aims of the energy trilemma. - Highlights: • Presents the value of the energy justice concept itself. • Introduces restorative justice as having a key role across the energy justice concept. • Expresses the need to develop a â€common approach’ for the energy justice concept Advances the conceptual framework for energy justice – from theory to practice.

  2. A Research Framework for Understanding the Practical Impact of Family Involvement in the Juvenile Justice System: The Juvenile Justice Family Involvement Model.

    Science.gov (United States)

    Walker, Sarah Cusworth; Bishop, Asia S; Pullmann, Michael D; Bauer, Grace

    2015-12-01

    Family involvement is recognized as a critical element of service planning for children's mental health, welfare and education. For the juvenile justice system, however, parents' roles in this system are complex due to youths' legal rights, public safety, a process which can legally position parents as plaintiffs, and a historical legacy of blaming parents for youth indiscretions. Three recent national surveys of juvenile justice-involved parents reveal that the current paradigm elicits feelings of stress, shame and distrust among parents and is likely leading to worse outcomes for youth, families and communities. While research on the impact of family involvement in the justice system is starting to emerge, the field currently has no organizing framework to guide a research agenda, interpret outcomes or translate findings for practitioners. We propose a research framework for family involvement that is informed by a comprehensive review and content analysis of current, published arguments for family involvement in juvenile justice along with a synthesis of family involvement efforts in other child-serving systems. In this model, family involvement is presented as an ascending, ordinal concept beginning with (1) exclusion, and moving toward climates characterized by (2) information-giving, (3) information-eliciting and (4) full, decision-making partnerships. Specific examples of how courts and facilities might align with these levels are described. Further, the model makes predictions for how involvement will impact outcomes at multiple levels with applications for other child-serving systems.

  3. Justice as Europe's Signifier

    NARCIS (Netherlands)

    Roy, Suryapratim; Kochenov, Dimitry; de Burca, Grainne; Williams, Andrew

    2015-01-01

    Drawing on the fact that justice is never explained in European legal discourse, but is used in conjunction with other principles and institutional decisions, this contribution argues that justice is used as a rhetorical tool to provide legitimacy to such principles and decisions. An analogous

  4. 28 CFR 0.92 - National Institute of Justice.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false National Institute of Justice. 0.92 Section 0.92 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1-Office of Justice Programs and Related Agencies § 0.92 National Institute of Justice. The National...

  5. The Browser War: An Ethical Analysis of the Struggle between Microsoft and the U.S. Department of Justice.

    Science.gov (United States)

    Meier, Dennis

    1999-01-01

    Examines two ethical questions regarding the ongoing antitrust battle between the U.S. Department of Justice and Microsoft Corporation using traditional rights-based ethical theory, utilitarianism, and John Rawls's principles of justice. Concludes that it is neither good nor fair for a company having a near-monopoly over a market to sell products…

  6. The Geography of Justice: Assessing Local Justice in Colombia’s Post-Conflict Phase

    Directory of Open Access Journals (Sweden)

    Mauricio GarcĂ­a-Villegas

    2015-07-01

    Full Text Available This article combines descriptive empirical research with theoretical reflections to offer policy guidelines on what the role of local justice institutions in Colombia’s post-conflict phase should be. The article is divided into two parts. In the first, we present empirical evidence to illustrate the ways in which justice operates differently across the territory. In addition to illustrating these disparities, we also demonstrate the connection between these disparities and some phenomena relevant to understanding the Colombian conflict. Based on these findings, the second part of this article defines the state-building challenge confronted by the Colombian State during the post-conflict phase. Following this part, we propose a solution to this state-building challenge: the State must adopt a combination of efficacy and justice, and we provide guidelines on how a post-conflict justice system can operate to achieve that combination.

  7. Justice et miséricorde

    OpenAIRE

    Heyer, René

    2012-01-01

    On n’imagine pas de justice sans possibilité de faire miséricorde ; inversement, une miséricorde qui ne tiendrait pas compte de la justice ne serait plus la miséricorde. Les deux notions sont liées, mais sur un socle inégal : car la justice inspirée par la loi naturelle déborde la justice positive, de même que la misère des miséreux ne se laisse pas ramener au mal commis par le misérable. En découlent des variations où l’on peut voir se profiler trois moments : 1. La loi coutumière est bouscu...

  8. A comparison of justice frameworks for international research.

    Science.gov (United States)

    Pratt, Bridget; Loff, Bebe

    2015-07-01

    Justice frameworks have been developed for international research that provide guidance on the selection of research targets, ancillary care, research capacity strengthening, and post-trial benefits. Yet there has been limited comparison of the different frameworks. This paper examines the underlying aims and theoretical bases of three such frameworks--the fair benefits framework, the human development approach and research for health justice--and considers how their aims impact their guidance on the aforementioned four ethical issues. It shows that the frameworks' underlying objectives vary across two dimensions. First, whether they seek to prevent harmful or exploitative international research or to promote international research with health benefits for low and middle-income countries. Second, whether they address justice at the micro level or the macro level. The fair benefits framework focuses on reforming contractual elements in individual international research collaborations to ensure fairness, whereas the other two frameworks aim to connect international research with the reduction of global health inequities. The paper then highlights where there is overlap between the frameworks' requirements and where differences in the strength and content of the obligations they identify arise as a result of their varying objectives and theoretical bases. In doing so, it does not offer a critical comparison of the frameworks but rather seeks to add clarity to current debates on justice and international research by showing how they are positioned relative to one another. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  9. Planning ahead for livable communities along the Powell–Division Bus Rapid Transit : neighborhood conditions and change.

    Science.gov (United States)

    2017-07-04

    New transit investments can be a double-edged sword for disadvantaged communities (e.g., those included in environmental justice and Title VI protected classes). Transit investments improve communities mobility and access, and may improve health w...

  10. Insane defendants and forensic convicts: before and after the onset of the new forensic psychiatry network and the criminal justice system reform in Chile.

    Science.gov (United States)

    Cid, Rodrigo D

    2010-09-01

    Like other Latin American democratic societies, Chile is supposed to respect legal rights of mentally ill people who are in trouble with the law, and provide them protection, treatment and welfare. Therefore, in this decade, the Chilean Criminal Justice and Mental Health System has undergone significant changes. Because this article is related to the recent social features that involve different areas such as justice, mental health assistance and forensic psychiatry systems, and thereby the nonexistence of current literature that reviews this matter from a global perspective and its implications for the mental health population involved in the justice system, its review and analysis seems to be interesting. The 'New Forensic Psychiatry Network' (NFPN) has been putting in relevant efforts to offer proper treatment and forensic assessment taking into account the civil rights of mentally insane people, and the 'Criminal Justice System Reform' (CJSR) is making possible legal conditions for better justice ensuring a more just resolution of insane defendants' and mentally ill convicts' lawsuits. From the author's viewpoint, all these changes are leading to a deep cultural impact on a Chilean's mind, changing their vision of justice and how society should respect insane defendants' and mentally ill convicts' legal rights.

  11. Humanity and Social Responsibility, Solidarity, and Social Rights.

    Science.gov (United States)

    Ahola-Launonen, Johanna

    2016-04-01

    This article discusses the suggestion of having the notion of solidarity as the foundational value for welfare scheme reforms. Solidarity is an emerging concept in bioethical deliberations emphasizing the need for value-oriented discussion in revising healthcare structures, and the notion has been contrasted with liberal justice and rights. I suggest that this contrast is unnecessary, flawed, and potentially counterproductive. As necessary as the sense of solidarity is in a society, it is an insufficient concept to secure the goals related to social responsibility. The discussion on solidarity is also based on a questionable sense of nostalgia. Furthermore, solidarity and liberal justice share essential objectives concerning welfare schemes; therefore, the question arises whether the proper comparison should in the first place be within justice and solidarity.

  12. Restorative justice and victimology

    African Journals Online (AJOL)

    The growth of restorative justice has sparked debate over the future of the criminal justice system, which has historically adopted a retributive, punitive philosophy and advocated for an individualistic, treatment-orientated approach. This approach has over time failed to address the needs of crime victims, communities and.

  13. Assessment for Social Justice: The Role of Assessment in Achieving Social Justice

    Science.gov (United States)

    McArthur, Jan

    2016-01-01

    This article provides a rationale for "assessment for social justice", through which a greater focus is given to the role of assessment in achieving the social justice aspirations of higher education. It takes inspiration from work on assessment for learning to propose that as assessment is a powerful driver of how and what students…

  14. Organization, relational justice and absenteeism.

    Science.gov (United States)

    Stoetzer, Ulrich; Ă…borg, Carl; Johansson, Gun; Svartengren, Magnus

    2014-01-01

    There is a need for more knowledge on how to manage companies towards healthier and more prosperous organizations with low levels of absenteeism. Relational Justice can be a useful concept when managing such organizations. Organizational factors can help to explain why some companies have relatively low absenteeism rates, even though they are equal to other companies in many other aspects. Previous studies suggest that management may be one important factor. Efficient management may depend on good relations between the leaders and the employees. The concept of Relational Justice is designed to capture these relations. Consequently, a Relational Justice framework may be used to understand why some companies have a low incidence of absenteeism. Managers from a representative body of Swedish companies. Interviews were analyzed to explore whether the items representing the concept of Relational Justice can be used to further understand the strategies, procedures and structures that characterize organizations and management in companies with a low incidence of absenteeism. Strategies, procedures or principles related to Relational Justice were common and highlighted in companies with an incidence of absenteeism. The most frequently occurring factors were; to be treated with kindness and consideration, personal viewpoint considered and to be treated impartially. The results suggested that a Relational Justice framework could be used to increase understanding of the organizational and managerial factors typical for companies with a low incidence of absenteeism. A Relational Justice approach to organizational management may be used to successfully lower absenteeism, change organizations and promote healthy and prosperous companies.

  15. Defendants' Rights in Criminal Trials.

    Science.gov (United States)

    Martin, Ralph C., II; Keeley, Elizabeth

    1997-01-01

    Reviews the protections afforded by the Constitution for defendants in criminal trials. These include the right to a jury trial (in cases of possible incarceration), an impartial jury, and the requirement of a unanimous verdict. Defends the use of plea bargaining as essential to an efficient criminal justice system. (MJP)

  16. Environmental justice: An issue for states

    Energy Technology Data Exchange (ETDEWEB)

    Murakami, L.K.; Davis, S.; Starkey, D. [National Conference of State Legislatures, Denver, CO (United States)

    1996-12-01

    Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class.

  17. Environmental justice: An issue for states

    International Nuclear Information System (INIS)

    Murakami, L.K.; Davis, S.; Starkey, D.

    1996-01-01

    Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class

  18. Crime victims†right to compensation

    Directory of Open Access Journals (Sweden)

    Mrvić-Petrović Nataša

    2012-01-01

    Full Text Available This paper analyzes the most important documents of the United Nations, Council of Europe and the European Union relating to rights to damage compensation (restitution from offender and state compensation. The analysis shows that there is a gradual move from the concept of exercising the rights of victims in favor of a solidaristic model that takes less into account the rights of victims, and more the need to satisfy their legitimate interests. The economic crisis that is undermining the foundations of the welfare state could jeopardize the realization of this concept, especially in those European countries where the criminal justice system focuses solely on the offender, as is the case in Serbia. In such circumstances, regulation which protects the right to compensation, other rights and interests of victims, shall apply only to the extent that serves crime prevention. So it happens that in spite of a suitable normative framework and developments regarding the protection of victims of domestic violence and trafficking, the right to compensation and other rights of the victims do not actually get actualized in practice. In order to overcome this, a systemic reform to the criminal justice system should be undertaken with the aim to redirect the system towards the victim of the offense. Within these reforms a public fund for compensation of the victims of violence should be established and the process of mediation between the victim and the offender with the goal to make a settlement should be regulated, because these mechanisms do not exist in Serbia.

  19. Military Justice Study Guide

    Science.gov (United States)

    1990-07-01

    statute within the military system, persons unfamiliar with the military justice system may find the procedure something of a paradox at first blush...Manual for Courts-Martial) Is RM Nemitafinuestlitimelf.(er- V. GRAD*: c. ORGANIZATION dDT FRPR ast eiRO t: fII) EPR LCDR/ Naval Justice School

  20. A return to the manifest justice principle: a critical examination of the ...

    African Journals Online (AJOL)

    The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to natural justice. This principle is recognized by a number of provisions of the Constitution of the Republic of ...

  1. The alternative dispute resolution mechanism as a human right / Los mecanismos alternativos de soluciĂłn de controversias como derecho humano

    Directory of Open Access Journals (Sweden)

    Egla Cornelio Landero

    2014-10-01

    Full Text Available Human rights are owned by the person for the simple fact of being, that all authorities within the scope of its powers, have the obligation to promote, respect, protect and ensure, in accordance with the principles of universality, interdependence, indivisibility and escalation. Second paragraph of Article 17 of the Constitution of Mexico, provides the fundamental right of access to justice and the public right that everyone has to be given to it for speedy justice courts, within the time and manner prescribed laws under principles of promptness, full and impartial justice. In the fourth paragraph of this constitutional provision since June 2008, has been recognized as a human right to access to justice, alternative dispute resolution mechanisms, which consist of negotiation, mediation, conciliation and arbitration.

  2. Strengthening Locus Standi in Human Rights Litigation in Zimbabwe ...

    African Journals Online (AJOL)

    MJM Venter

    2016-05-30

    May 30, 2016 ... approach is likely to impact on the right to access to justice and human rights protection. 2. Locus standi ... Committee on Economic, Social and Cultural Rights General Comment 9: The. Domestic .... animosity towards an accused, in bad faith and without any warrant, were to rule that the question raised by ...

  3. Sanitary justice in scarcity

    Directory of Open Access Journals (Sweden)

    Miguel Kottow

    Full Text Available Justice in health care and the allocation of scarce medical resources must be analyzed differently in affluent as compared to economically weaker societies. The protective functions of the state must be extended to cover basic needs for those too poor to meet them on their own. Medical needs are a high priority, since poor health hampers the ability to secure other basic needs. The state may operate as either a health care provider or supervisor, guaranteeing that citizens be treated fairly by nongovernmental institutions. Two-tiered systems with a vigorous private health care sector are compatible with the explicit right to health care, provided the private tier operates without directly or indirectly draining public funds.

  4. IDRC in the West Bank and Gaza

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

    By examining issues such as household dynamics, access to justice, the right to work, education, health, political participation, and migration, researchers are identifying ways for policymakers to enhance women's rights. □ Transitional justice, lasting peace. Funding for West Bank and Gaza: $225,000. Duration: 2008–2011.

  5. Personality traits and perceptions of organisational justice.

    Science.gov (United States)

    Törnroos, Maria; Elovainio, Marko; Hintsa, Taina; Hintsanen, Mirka; Pulkki-Råback, Laura; Jokela, Markus; Lehtimäki, Terho; Raitakari, Olli T; Keltikangas-Järvinen, Liisa

    2018-01-04

    This study examined the association between five-factor model personality traits and perceptions of organisational justice. The sample for the study comprised 903 participants (35-50 years old; 523 women) studied in 2007 and 2012. Measures used were the Neuroticism, Extraversion, Openness, Five-Factor Inventory questionnaire and the short organisational justice measure. The results showed that high neuroticism was associated with low distributive, procedural and interactional justice. Furthermore, high agreeableness was associated with high procedural and interactional justice and high openness with high distributive justice. This study suggests that neuroticism, agreeableness and openness are involved in perceptions of organisational justice and that personality should be considered in research and in practices at the workplace. © 2018 International Union of Psychological Science.

  6. Environmental justice: Grass roots reach the White House lawn

    Energy Technology Data Exchange (ETDEWEB)

    Kratch, K.

    1995-05-01

    When 500 demonstrators gathered in 1982 to protest the siting of a polychlorinated-biphenyl landfill in predominantly black Warren County, N.C., cries of environmental racism filled the air. In response, District of Columbia Congressional Delegate Walter Fauntroy requested that the General Accounting Office investigate a possible link between hazardous waste landfill siting and the racial and socio-economic mix of surrounding communities. The environmental justice movement, as it is known today, had been born. Environmental justice is conceived as the right of all people--regardless of race, ethnicity, culture or income--to live in a healthy environment, breathe clean air, drink clean water and eat uncontaminated foods. The concept assumes that everyone is entitled to fair environmental protection without any population segment bearing a disproportionate pollution burden.

  7. Restorative Justice: A Changing Community Response

    Science.gov (United States)

    Ryan, Thomas G.; Ruddy, Sean

    2015-01-01

    Our purpose herein is to demonstrate how restorative justice continues to unfold globally and we explain how the use of a restorative justice ideology and intervention leads to a common alternative, not only in criminal justice institutions, but also within social agencies, such as elementary schools, and the related social support systems. We…

  8. Rethinking Discussions of Justice in Educational Research: Formative Justice, Educational Liberalism, and Beyond

    Science.gov (United States)

    Thompson, Winston C.

    2016-01-01

    Background/Context: Educational research tends to borrow accounts of justice from scholarship embedded within the structures and commitments of other disciplines or fields of study. This has created a body of educational research that largely responds to the "justice" goals of those disciplines rather than education qua education.…

  9. Visionary medicine: speculative fiction, racial justice and Octavia Butler's 'Bloodchild'.

    Science.gov (United States)

    Pasco, John Carlo; Anderson, Camille; DasGupta, Sayantani

    2016-12-01

    Medical students across the USA have increasingly made the medical institution a place for speculating racially just futures. From die-ins in Fall 2014 to silent protests in response to racially motivated police brutality, medical schools have responded to the public health crisis that is racial injustice in the USA. Reading science fiction may benefit healthcare practitioners who are already invested in imagining a more just, healthier futurity. Fiction that rewrites the future in ways that undermine contemporary power regimes has been termed 'visionary fiction'. In this paper, the authors introduce 'visionary medicine' as a tool for teaching medical students to imagine and produce futures that preserve health and racial justice for all. This essay establishes the connections between racial justice, medicine and speculative fiction by examining medicine's racially unjust past practices, and the intersections of racial justice and traditional science and speculative fiction. It then examines speculative fiction author Octavia Butler's short story 'Bloodchild' as a text that can introduce students of the medical humanities to a liberatory imagining of health and embodiment, one that does not reify and reinscribe boundaries of difference, but reimagines the nature of Self and Other, power and collaboration, agency and justice. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

  10. Gender and transitional justice in Africa: Progress and prospects*

    African Journals Online (AJOL)

    and traditional mechanisms in Africa have dealt with gender-based human .... the start of their transitional phase, and this created enabling circumstances for ... humanity and widening their interpretation to include sexual slavery and forced.

  11. 83 CHALLENGES AND PROSPECTS OF THE JUVENILE JUSTICE ...

    African Journals Online (AJOL)

    Fr. Ikenga

    Juvenile justice administration in Nigeria is weak and has been given very .... The Nigerian criminal justice system, of which the juvenile justice system is an integral part, ... as instruments of security and justice but as weapons of oppression8.

  12. Navigating the Meanings of Social Justice, Teaching for Social Justice, and Multicultural Education

    Science.gov (United States)

    Cho, Hyunhee

    2017-01-01

    This article uses well-received contemporary scholarship--works by Iris Young, Nancy Fraser, Morva McDonald, Connie North, and Geneva Gay--to illuminate a high degree of coherence among the substantive meanings of social justice, teaching for social justice, and multicultural education. Based on these relationships, the article suggests that…

  13. 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

  14. Genetics, criminal justice, and the minority community: An introduction for professionals in criminal justice. A report on the third annual convocation of the Justice George Lewis Ruffin Society

    Energy Technology Data Exchange (ETDEWEB)

    Croatti, R.D.

    1994-10-15

    The Justice George Lewis Ruffin Society is an organization founded in 1984 to support minority professionals in the Massachusetts criminal justice system. The Society began the sponsorship of statewide Convocations in 1992. These events provide minority criminal justice professionals with the opportunity to focus on pertinent topics through expert presentations, panel discussions, and peer interactions. Because of its increasing importance in the criminal justice process at large, and growing significance to the minority community in particular, the committee determined that the 1994 Convocation would focus on DNA. A decision was made to concentrate both on the science and the ethical and moral considerations pertinent to its application. The committee determined that along with expert presentations, a large portion of each day`s program should be devoted to workshops, designed to provide participants with an opportunity to review, test and discuss the material in a small group environment. Overall objectives of the Convocation were to provide minority and non-minority criminal justice professionals with a basic foundation in the science of genetics as well as current developments in genetic diagnostic technology, to highlight the actual and potential application of DNA technology to the criminal justice system and elsewhere, and to underscore the implications of these developments for criminal justice policy and the law.

  15. Justice In Granting Remission For Corruption Prisoners A Review Of Indonesian Criminal Justice System

    Directory of Open Access Journals (Sweden)

    Mispansyah

    2015-08-01

    Full Text Available Abstract Prisoners are entitled to have a reduction in criminal past remission as stipulated in the Indonesian Criminal Justice System still being debated to this day. This research reviews the essence of the implementation of the substantive law in granting remission against inmate corruption cases from the perspective of public and individual interests. The type of research used in this paper is socio-legal research reviewing remission policy from the perspective of the criminal law system with philosophical and statute approach. The outcomes of the research indicate that the implementation of granting remission for corruption prisoners does not provide justice both procedural and substantive does not provide legal expediency and arising imbalance of justice for individuals communities and countries. The need to implement remissions with impartial justice for corruption prisoners in granting remission to be useful for individuals communities and countries.

  16. What is justice in education? Sketch of answer based on theories of justice and economics.

    OpenAIRE

    D. Waltenberg , Fábio

    2004-01-01

    D. Waltenberg, F. (2004). What is justice in education? Sketch of answer based on theories of justice and economics. Les Cahiers de Recherche du Girsef, 32.; What is justice in education? How can we evaluate whether given distributions of educational inputs or educational outcomes are just or not? How should a society distribute its educational resources? How can we evaluate the level of (un)fairness of a schooling system? In this paper, we try to provide a basic framework for thinking about ...

  17. Organization structure as a moderator of the relationship between procedural justice, interactional justice, perceived organizational support, and supervisory trust.

    Science.gov (United States)

    Ambrose, Maureen L; Schminke, Marshall

    2003-04-01

    Organizational justice researchers recognize the important role organization context plays in justice perceptions, yet few studies systematically examine contextual variables. This article examines how 1 aspect of context--organizational structure--affects the relationship between justice perceptions and 2 types of social exchange relationships, organizational and supervisory. The authors suggest that under different structural conditions, procedural and interactional justice will play differentially important roles in determining the quality of organizational social exchange (as evidenced by perceived organizational support [POS]) and supervisory social exchange (as evidenced by supervisory trust). In particular, the authors hypothesized that the relationship between procedural justice and POS would be stronger in mechanistic organizations and that the relationship between interactional justice and supervisory trust would be stronger in organic organizations. The authors' results support these hypotheses.

  18. A Different Trolley Problem: The Limits of Environmental Justice and the Promise of Complex Moral Assessments for Transportation Infrastructure.

    Science.gov (United States)

    Epting, Shane

    2016-12-01

    Transportation infrastructure tremendously affects the quality of life for urban residents, influences public and mental health, and shapes social relations. Historically, the topic is rich with social and political controversy and the resultant transit systems in the United States cause problems for minority residents and issues for the public. Environmental justice frameworks provide a means to identify and address harms that affect marginalized groups, but environmental justice has limits that cannot account for the mainstream population. To account for this condition, I employ a complex moral assessment measure that provides a way to talk about harms that affect the public.

  19. The notion and basic principles of restorative justice

    Directory of Open Access Journals (Sweden)

    Ćopić Sanja

    2007-01-01

    Full Text Available One of the most important achievements of the contemporary criminal justice system and criminal policy is development of the concept of restorative justice. Contemporary concept of restorative justice was developed in 1970s on the basis of the criticism of the traditional criminal law and criminal justice system. Since that time, it has been developing through different programs in many countries. Reform of the criminal justice system in Serbia staring from 2002 went into direction of entering elements of restorative justice into existing criminal justice system. In that sense, development of restorative justice is still at the beginning in our country. However, it can be noticed that there is a low level of awareness on the nature and importance of restorative forms of response to crime among our professionals, as well as a lack of understanding of the concept itself. Due to that, the aim of the paper is to enable better understanding of restorative concept in general through defining restorative justice and basic principles it relies on. That may put a basis for further recognition of restorative elements in our criminal justice system, which may provide adequate implementation of relevant provisions of restorative character in practice. .

  20. The future of morality and international justice

    Directory of Open Access Journals (Sweden)

    Rakić Vojin

    2010-01-01

    Full Text Available The focus of this paper will be on the issue of justice, specifically in international relations. In that context, a number of existing theories of international justice will be briefly reviewed. Afterwards, I will turn to the question of what justice actually is. The assertion that justice is based on the idea of freedom will be substantiated. I will attempt to support my position with Doyle's and Kant's argumentation. It will be concluded that there are robust arguments in favor of the thesis that our historical development is marked by a gradual expansion of freedom and justice. Furthermore, we have strong reasons to aspire liberal internationalism based on the idea of humanity's gradual approximation of some form of global state because such a conception might be the best warrant of justice in international relations.

  1. International adoption among families in the United States: considerations of social justice.

    Science.gov (United States)

    Hollingsworth, Leslie Doty

    2003-04-01

    The practice of international adoption of children is critiqued, using Rawls' egalitarian concept of a distributive method of social justice. From this perspective, international adoption may be perceived as contradictory to principles of social justice by ignoring the social context within which it occurs. Social contexts that frequently surround international adoption are severe poverty and the disenfranchisement of the adopted child's biological family; the disenfranchisement of certain children because of their lower social status; gender oppression and discrimination against female children; risk to children's rights to the knowledge of their birth history and parentage; risk to children's rights to identification with their ethnic, cultural, and national group; and practices that may involve abduction, deceit, and trafficking in children. The article presents alternate views, including libertarian and utilitarian perspectives. Solutions from two international conventions are critiqued and implications are discussed for social work policy advocacy, practice, and research.

  2. Social and psychological aspects of criminal juvenile justice in the world practice (Anglo-Saxon model of juvenile justice

    Directory of Open Access Journals (Sweden)

    D.S. Oshevsky

    2013-10-01

    Full Text Available The article is the final part of the review of existing foreign models of juvenile criminal justice system. We analyze the principles of juvenile justice in the criminal trial: protective orientation, personalization and social richness of the trial, the emphasis on educational influences. We present the foreign experience of incorporating social, psychological and clinical special knowledge into specialized justice concerning juvenile offenders. We analyze modern trends in the development of juvenile justice in the United States and Canada. We present material related to methods of risk assessment of re-offending among adolescents. We highlight approaches to complex long-term follow-up of juvenile offenders in Anglo-Saxon juvenile justice. We describe some aspects of the probation service using the method of case management. In the context of the accepted “National Strategy for Action for the Benefit of Children for 2012-2017”, the prospects for the development of specialized criminal justice for young offenders in the Russian Federation are discussed

  3. The antecedents of buyers' perceived justice in online markets.

    Science.gov (United States)

    Chiu, Shun-Po; Chou, Huey-Wen; Chiu, Chao-Min

    2013-07-01

    The success of a business largely depends upon customers' intentions to continue to purchase, but this can be a challenge for vendors in online markets. This study proposes a model which identifies an initial set of justice antecedents and evaluates their relation to perceived justice, trust, and repurchase intention in online markets. The theoretical model is tested by using structural equation modeling on a data set of 424 buyers in Yahoo! Kimo online auction market. The results demonstrate that three dimensions of justice (distributive, procedural, and interactional) are positively and significantly related to trust, which in turn affects buyers' intention to repurchase. Moreover, among the three dimensions of justice judgments, distributive justice and interactional justice are relatively more important than procedural justice in predicting buyers' trust in sellers. In terms of the antecedents of justice, this study provides evidence that product quality and delivery performance are significantly related to distributive justice, while information quality and contact channel are important antecedents of procedural justice. This study also finds that responsiveness is important in enhancing buyers' judgments of interactional justice.

  4. Engaging Global Justice Through Internships (Penultimate Draft)

    OpenAIRE

    Ericka Tucker

    2014-01-01

    Engaging with Global Justice through InternshipsGlobal justice, on its face, seems like an impossible task. As individuals, even citizens of wealthy and powerful countries, the task of economic, social and political justice seems to outstrip our intellectual, practical and emotional abilities. Considering the scope of 'global' justice, it would appear that a massive coordinated effort would be necessary to overcome the problems of global injustice, yet it would seem such coordination may be i...

  5. Women's land rights and the challenge of patriachy: lessons from ...

    African Journals Online (AJOL)

    Women's land rights and the challenge of patriachy: lessons from ozalla community, edo state, Nigeria. ... production output and ensuring higher incomes. KEYWORDS: Cultural practices, customary, economic life, food crisis, food production, gender equity, land rights, patriarchy, rural agriculture, rural areas, social justice ...

  6. Transgenerational epigenetics and environmental justice.

    Science.gov (United States)

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

    2017-07-01

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

  7. Asserting their Justice. The Shuar Vindicatory System and the Development of Indigenous Justice

    Directory of Open Access Journals (Sweden)

    Raúl Márquez Porras

    2018-06-01

    Full Text Available In Ecuador, the State’s recognition of indigenous justice systems takes place in a context where the legal framework is only partially made explicit, native communities debate their own legal model and their relationship with the State legal system remains ambiguous. This paper addresses the legal realities of one of these groups, the Shuar, drawing on a case study carried out in Nangaritza and on bibliographic work. First, a characterisation of the Shuar traditional justice is attempted. Then, certain dynamics of change, as well as the relationship between the Shuar and the State’s representatives, is described. Finally, hypotheses are proposed concerning the adaptation of Shuar justice to the new constitutional framework and its formalisation process.

  8. Love and justice's dialectical relationship: Ricoeur's contribution on the relationship between care and justice within care ethics.

    Science.gov (United States)

    Van Stichel, Ellen

    2014-11-01

    The relationship between love/care and justice was one of the key tensions from which care ethics originated; to this very day it is subject of debate between various streams of thought within care ethics. With some exceptions (e.g. Christa Schnabl) most approaches have in common the belief that care and justice are mutually exclusive concepts, or at least as so different that their application is situated on different levels. Hence, both are complementary, but distinct, so that there is no real interaction. This paper aims to investigate whether, and if so, how, a deeper understanding of Ricoeur's thoughts on this matter enriches the relationship between care and justice with respect to care ethics. This connection suggests itself from Ricoeur's interpretation of the relationship as a dialectical one in which the logic of superabundance (love) and the logic of equivalence (justice) meet. Care enables people to see the face and individuality of the one, 'le chacun,' within the anonymous structures of justice that tend to reduce all human beings to the anonymous each, 'le on'; justice in its turn is the precondition for love to become incarnated and made real. What may this view--of care and justice standing in close connection, in which they correct and strengthen each other--add to the understanding of concrete practices of care?

  9. 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....

  10. Measuring Intergenerational Justice

    Directory of Open Access Journals (Sweden)

    Laurence J. Kotlikoff

    2017-12-01

    Full Text Available Concern with intergenerational justice has long been a focus of economics. This essay considers the effort, over the last three decades, to quantify generational fiscal burdens using label-free fiscal gap and generational accounting. It also points out that government debt -- the conventional metric for assessing generational fiscal justice,– has no grounding in economic theory. Instead, official debt is the result of economically arbitrary government labelling decisions: whether to call receipts “taxes” rather than “borrowing” and whether to call payments “transfer payments” rather than “debt service”. Via their choice of words, governments decide which obligations to put on, and which to keep off, the books. The essay also looks to the future of generational fiscal-justice analysis. Rapid computational advances are permitting economists to understand not just direct government intergenerational redistribution, but also how such policies impact the economy that future generations will inherit.

  11. Perception on justice, trust and tax compliance behavior in Malaysia

    Directory of Open Access Journals (Sweden)

    Sellywati Mohd Faizal

    2017-09-01

    Full Text Available The relationship between justice and trust with tax compliance behavior in Malaysia was studied. Previous studies have acknowledged the perception that justice does have an impact on tax compliance. This study distinguishes justice into procedural justice, distributive justice, and retributive justice. Therefore, this study examined the effect of these three types of justice on tax compliance. Trust also influences the act of tax compliance and it also has a relationship to the element of justice. Perceptions from individual taxpayers were gathered using questionnaires from previous studies. The findings suggest only procedural justice and trust affect tax compliance and procedural justice was positively and significantly correlated to trust. However, trust does not mediate the relationship between justice and compliance. This research will contribute to the tax literature with widened scope on justice in Malaysia.

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

    Science.gov (United States)

    Power, Sally; Taylor, Chris

    2013-01-01

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

  13. Education of Gifted Students: A Civil Rights Issue?

    Science.gov (United States)

    Gallagher, James J.

    2015-01-01

    In this article, James J. Gallagher explains, in the context of education, that "civil rights" means the guarantee of equal opportunity and justice for all and the actions taken against those barriers that stand in the way of such equality. How does the issue of civil rights bear on an area of special education such as the education of…

  14. 28 CFR 0.93 - Bureau of Justice Statistics.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Bureau of Justice Statistics. 0.93...-Office of Justice Programs and Related Agencies § 0.93 Bureau of Justice Statistics. The Bureau of Justice Statistics is headed by a Director appointed by the President. Under the general authority of the...

  15. Globalization and Social Justice in OECD Countries

    OpenAIRE

    Björn Kauder; Niklas Potrafke

    2015-01-01

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

  16. Nursing responsibilities and social justice: an analysis in support of disciplinary goals.

    Science.gov (United States)

    Grace, Pamela J; Willis, Danny G

    2012-01-01

    Social justice is asserted as a responsibility of the nursing profession. However, a reliable conception of social justice that can undergird practice, research, education, and policy endeavors has proved elusive. We discuss this as a problem for the profession and propose Powers and Faden's model of social justice as useful for nursing purposes because of its focus on exploring and rectifying underlying causes of injustice as they lie within the fabric of society. Their model asserts 6 essential dimensions of well-being as universal human needs. These dimensions are interrelated and nonhierarchical. A serious deficiency in any one affects other dimensions and interferes with the ability to experience "a minimally decent life." The model is applied to the problem of child abuse and the effects of its aftermath on well-being as an example of its potential for structuring nursing knowledge development, practice, and policy initiatives. Copyright © 2012 Elsevier Inc. All rights reserved.

  17. Toward an Urban Political Ecology of Energy Justice: The Case of Rooftop Solar in Tucson, AZ

    Science.gov (United States)

    Franklin, Remington Santiago

    A central challenge of the twenty-first century is to transition to a low-carbon energy system to reduce the risks of climate change. For Pima County, Arizona, where electricity accounts for the majority of greenhouse gas emissions, this requires rapid deployment of grid-tied renewable energy resources. In light of this challenge, photovoltaic solar has emerged as an important solution, providing the top source of new US electric generating capacity installed in 2016. However, there is still no consensus about the optimal scale for solar (centralized power plants, or small, decentralized systems) and the socio-economic implications for low income households. This thesis explores the implications of rooftop solar for energy justice through empirical research about a southern Arizona electric utility rate case. Utilities argue that existing rate structures shift costs from solar owners to lower-income ratepayers, while critics say the utility's proposed rate changes are unjust and that rooftop solar benefits all ratepayers. Drawing on my empirical data and an urban political ecology (UPE) approach, I analyze competing narratives that speak to three types of justice: distributive, procedural, and recognition. While dominant justice claims revolve around the distribution of costs through rates, competing narratives emphasize procedural and recognition (in)justice. Focusing on political economy, power relations, and the materiality of the grid, I reframe the utility's cost shift argument as a strategic narrative and explain why this justice claim is ultimately validated. I propose that UPE can further an energy justice analysis by understanding procedural and recognition injustice as systemic products of rate of return regulation and the material configuration of the electric grid.

  18. A return to the manifest justice principle: a critical examination of the

    Directory of Open Access Journals (Sweden)

    ES Nwauche

    2004-10-01

    Full Text Available The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to natural justice. This principle is recognized by a number of provisions of the Constitution of the Republic of South Africa, 1996. Section 165 (4 provides that the organs of state shall through legislative and other measures assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness. Furthermore, section 34 of the same Constitution provides that everyone has the right to have any dispute resolved by the application of law by a court or, where appropriate another independent and impartial tribunal or forum. Article 6(1 of the European Convention of Human Rights and Fundamental Freedoms 1950 as incorporated in the Human Rights Act 1988, applicable in England since 2000 provides that: "In the determination of his civil rights and obligations … everyone is entitled to a fair hearing … by an independent and impartial tribunal established by law." The independence of courts and impartiality of judges are closely related in that they operate to sustain public confidence in the administration of justice. This article advocates a return to the use of the manifest justice principle enshrined as the proper context for the application of the tests of "reasonable apprehension of bias" adopted by South African courts and "real possibility of bias" adopted by English courts in the consideration of allegation of apparent bias. This paper argues that the tests are different and that while the English test is a move of English courts from the real danger/likelihood test in consonance with an overwhelming global jurisprudence the South African test is a move away from this global jurisprudence and arguably back to the real danger/likelihood test. This paper also argues that the reasonable

  19. 75 FR 9613 - Draft NIJ Restraints Standard for Criminal Justice

    Science.gov (United States)

    2010-03-03

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

  20. Looking to Hume for justice: on the utility of Hume's view of justice for American health care reform.

    Science.gov (United States)

    Churchill, L R

    1999-08-01

    This essay argues that Hume's theory of justice can be useful in framing a more persuasive case for universal access in health care. Theories of justice derived from a Rawlsian social contract tradition tend to make the conditions for deliberation on justice remote from the lives of most persons, while religiously-inspired views require superhuman levels of benevolence. By contrast, Hume's theory derives justice from the prudent reflections of socially-encumbered selves. This provides a more accessible moral theory and a more realistic path to the establishment of universal access.

  1. Commentary: School Psychologists as Advocates for Racial Justice and Social Justice: Some Proposed Steps

    Science.gov (United States)

    Shriberg, David

    2016-01-01

    In this commentary, Shriberg acknowledges that social justice and racial justice are critical frameworks from which to view school psychology. Individually and collectively, the works in this special issue of "School Psychology Forum" have added a tremendous service to the field. In addition to advancing research, the articles challenge…

  2. THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONS

    Directory of Open Access Journals (Sweden)

    Genevieve Renard Painter

    2012-02-01

    Full Text Available The notion of reparations encompasses debates about the relationship between individual and society, the nature of political community, the meaning of justice, and the impact of rights on social change. In international law, the dominant approach to reparations is based on individual rights. This normative framework is out of step with the understanding of reparations circulating among many women activists. I develop a theoretical approach to justice and reparations that helps to explain the gap between the international normative framework and activist discourses. Based on distributive, communitarian, and critical theories of justice, I argue that reparations can be thought of as rights, symbols, or processes. Understanding reparations as either rights or symbols is rife with problems when approached from an activist and feminist theoretical standpoint. As decisions about reparations programs are and should be determined by the political, social, economic, and cultural context, a blueprint for â€a feminist reparations program’ is impractical and ill-advised. However, the strongest feminist approach to reparations would depart from an understanding of reparations as a process. La notion de rĂ©parations tient compte des relations entre l’individu et la sociĂ©tĂ©, de la nature du politique, de la signification de la justice et de l’incidence des droits dans le changement social. En droit international, l’idĂ©e dominante Ă  cet Ă©gard est fondĂ©e sur les droits individuels. Ce cadre normatif est en dĂ©calage avec l’idĂ©e que de nombreuses militantes se font des rĂ©parations. J’ai Ă©laborĂ© une façon thĂ©orique de voir la justice et les rĂ©parations qui aide Ă  expliquer l’écart entre le cadre normatif international et le discours militant. Selon cette approche fondĂ©e sur des thĂ©ories distributives, communautaires et critiques de la justice, j’affirme que les rĂ©parations peuvent ĂŞtre vues comme des droits, des symboles ou des

  3. Catholic nursing sisters and brothers and racial justice in mid-20th-century America.

    Science.gov (United States)

    Wall, Barbra Mann

    2009-01-01

    This historical article considers nursing's work for social justice in the 1960s civil rights movement through the lens of religious sisters and brothers who advocated for racial equality. The article examines Catholic nurses' work with African Americans in the mid-20th century that took place amid the prevailing social conditions of poverty and racial disempowerment, conditions that were linked to serious health consequences. Historical methodology is used within the framework of "bearing witness," a term often used in relation to the civil rights movement and one the sisters themselves employed. Two situations involving nurses in the mid-20th century are examined: the civil rights movement in Selma, Alabama, and the actions for racial justice in Chicago, Illinois. The thoughts and actions of Catholic sister and brother nurses in the mid-20th century are chronicled, including those few sister nurses who stepped outside their ordinary roles in an attempt to change an unjust system entirely.

  4. Common Frame of Reference and social justice

    NARCIS (Netherlands)

    Hesselink, M.W.; Satyanarayana, R.

    2009-01-01

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

  5. Restorative Justice at Work: Examining the Impact of Restorative Justice Resolutions on Juvenile Recidivism

    Science.gov (United States)

    Rodriguez, Nancy

    2007-01-01

    Programs with restorative justice ideals attempt to incorporate victims and community members into the administration of justice. Although these programs have become increasingly popular, only a few programs in the United States have been the focus of prior studies. Using official juvenile court data from an urban, metropolitan area, this study…

  6. Climate Justice and the Paris Agreement

    International Nuclear Information System (INIS)

    Michelot, Agnes

    2016-01-01

    The concept of climate justice has been, for the first time, used in an international agreement - namely, the Paris Agreement. But this recognition of the notion of climate justice is extremely restricted by the very way it is formulated. Preamble of the Paris Agreement 'notes' that climate justice is recognized by 'certain cultures'. Does it mean that particular and concrete stakes of climate justice of the pre-COP21 agenda have been recognized or, on the contrary, that the notion so introduced is actually an empty shell without any genuine legal perspective? Considering this uncertainty, it appears relevant to analyze the Paris Agreement through the claims of various groups and coalitions, which influenced the COP21 negotiations

  7. Restorative justice: a changing community response

    Directory of Open Access Journals (Sweden)

    Thomas G Ryan

    2015-03-01

    Full Text Available Our purpose herein is to demonstrate how restorative justice continues to unfold globally and we explain how the use of a restorative justice ideology and intervention leads to a common alternative, not only in criminal justice institutions, but also within social agencies, such as elementary schools, and the related social support systems. We draw attention to this emerging trend via current research and resources that enable us to put forward a definition, theoretical background and list the characteristic traits of this alternative mode of life consequence. Finally, we argue that the use of restorative justice in schools is a focus that is really a paradigm shift within the landscape of the educational enterprise.

  8. Analyzing the politico-moral foundations of the Iran's health system based on theories of justice.

    Science.gov (United States)

    Akrami, Forouzan; Abbasi, Mahmoud; Karimi, Abbas; Shahrivari, Akbar; Majdzadeh, Reza; Zali, Alireza

    2017-01-01

    Public health ethics is a field that covers both factual and ethical issues in health policy and science, and has positive obligations to improve the well-being of populations and reduce social inequalities. It is obvious that various philosophies and moral theories can differently shape the framework of public health ethics. For this reason, the present study reviewed theories of justice in order to analyze and criticize Iran's general health policies document, served in 14 Articles in 2014. Furthermore, it explored egalitarianism as the dominant theory in the political philosophy of the country's health care system. According to recent theories of justice, however, health policies must address well-being and its basic dimensions such as health, reasoning, autonomy, and the role of the involved agencies and social institutions in order to achieve social justice beyond distributive justice. Moreover, policy-making in the field of health and biomedical sciences based on Islamic culture necessitates a theory of social justice in the light of theological ethics. Educating people about their rights and duties, increasing their knowledge on individual agency, autonomy, and the role of the government, and empowering them will help achieve social justice. It is recommended to design and implement a strategic plan following each of these policies, based on the above-mentioned values and in collaboration with other sectors, to clarify the procedures in every case.

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

    Science.gov (United States)

    Sautner, Kerry

    2017-01-01

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

  10. Towards a Human Rights Culture in Social Work Education.

    Science.gov (United States)

    Werkmeister Rozas, Lisa; Garran, Ann Marie

    2016-06-01

    A human rights perspective must be embedded in the institutions, organisations or agencies where social work students find themselves. This paper will focus on one particular strategy that could be helpful to the process of solidifying a commitment to human rights for our students. Using a pedagogical tool from a school of social work in the USA originally developed to combat the social injustice of racism, the example transcends the academic institution and offers a solid link in connecting human rights, social justice and social work. Using the construct of critical realism, we argue that, for social work programmes to take steps towards an explicit commitment to human rights, not only must human rights be infused throughout the curriculum, but educators must provide opportunities for making more overt the links between human rights principles, social justice and social work. By addressing behaviours, tendencies and attitudes, students then acquire not only the skills and deeper understanding, but they internalise the motivation and commitment to broaden their human rights frame. In the process of developing a more firm commitment to human rights, we must not be limited to the walls of the academy, but rather extend beyond to our field agencies, organisations and communities.

  11. Towards a Human Rights Culture in Social Work Education

    Science.gov (United States)

    Werkmeister Rozas, Lisa; Garran, Ann Marie

    2016-01-01

    A human rights perspective must be embedded in the institutions, organisations or agencies where social work students find themselves. This paper will focus on one particular strategy that could be helpful to the process of solidifying a commitment to human rights for our students. Using a pedagogical tool from a school of social work in the USA originally developed to combat the social injustice of racism, the example transcends the academic institution and offers a solid link in connecting human rights, social justice and social work. Using the construct of critical realism, we argue that, for social work programmes to take steps towards an explicit commitment to human rights, not only must human rights be infused throughout the curriculum, but educators must provide opportunities for making more overt the links between human rights principles, social justice and social work. By addressing behaviours, tendencies and attitudes, students then acquire not only the skills and deeper understanding, but they internalise the motivation and commitment to broaden their human rights frame. In the process of developing a more firm commitment to human rights, we must not be limited to the walls of the academy, but rather extend beyond to our field agencies, organisations and communities. PMID:27559204

  12. Organizational Justice as an Antecedent of Job Performance

    Directory of Open Access Journals (Sweden)

    Aizzat Mohd. Nasurdin

    2013-06-01

    Full Text Available The present research examines the influence of organizational justice (distributive justice and procedural justice on predicting job performance (task performance and contextual performance. Survey data were drawn from a sample of 136 customer-contact employees within the telecommunications industry in Malaysia. Results of the regression analysis illustrate that distributive justice alone has a significant and positive relationship with task performance. On the other hand, only procedural justice is found to be significantly and positively related to contextual performance. Implications of the findings and directions for future research are highlighted.

  13. Crime, In/Security and Mob Justice

    DEFF Research Database (Denmark)

    Orock, Rogers Tabe Egbe

    2014-01-01

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

  14. 124 RIGHT TO MARRY AND THE REVISIONISTS' ADVOCACY

    African Journals Online (AJOL)

    Fr. Ikenga

    They are entitled to equal rights as to marriage, during marriage and its dissolution'. .... application of positive laws the sober principles of equity and natural justice. ..... 47 L Grenfell and A Hewitt 'Gender Regulation: Restrictive, Facilitative or ...

  15. Power, Process, and Protection: Juveniles as Defendants in the Justice System.

    Science.gov (United States)

    Woolard, Jennifer L; Henning, Kristin; Fountain, Erika

    The juvenile court was created in 1899 in part to remedy the unfairness of trying youth in the adult criminal justice system, but its success at rectifying those problems is unclear. One concern is that the vast majority of youth who are adjudicated delinquent are adjudicated after waiving their right to trial and entering a guilty plea. Fairness and equity in the plea bargaining process are premised on the assumption that youth have the capacity to understand and elect between available options and will be given a meaningful opportunity to choose without coercion and deception. In legal terms, the Constitution will only sanction a plea when the defendant makes a knowing, voluntary, and intelligent waiver of her right to trial. In this chapter, we briefly describe the juvenile court process and explain the circumstances of a plea bargain, which constitutes both a waiver of Constitutional rights and an agreement to certain conditions. Then we evaluate the research and practice knowledge regarding the legal components of a valid waiver-that it must be knowing and voluntary. We consider how information, capacity, and circumstance contribute to a knowing waiver. Then we examine how procedural justice, paternalism, and coercion may affect a voluntary waiver. Throughout, we consider whether the people, policies, and practices meant to assess and safeguard that waiver decision fulfill their intended purpose. © 2016 Elsevier Inc. All rights reserved.

  16. Restorative justice innovations in Canada.

    Science.gov (United States)

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

    2002-01-01

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

  17. Leadership Education and Development for Justice Using the Canonical Framework of John Rawls's, "A Theory of Justice"

    Science.gov (United States)

    Kliewer, Brandon; Zacharakis, Jeff

    2015-01-01

    Higher education that presupposes a specific conception of justice does well in preparing students to make claims of justice from specific perspectives or positions. However, civic leadership students with a strong background in specific conceptions of justice are often not equipped with necessary skills, dispositions, and habits to exercise…

  18. The ADR Directive: designed to fail? A hole-ridden stairway to consumer justice

    NARCIS (Netherlands)

    Luzak, J.

    2016-01-01

    The European legislator adopted the new Alternative Dispute Resolution (ADR) Directive with an aim to create an additional, attractive stairway to consumer justice. As such, the ADR Directive intends to encourage more consumers to invoke their consumer rights and thus strengthen consumer law

  19. Educational Justice and Big Data

    Science.gov (United States)

    Ben Shahar, Tammy Harel

    2017-01-01

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

  20. Gender Justice and School Education

    Science.gov (United States)

    Gao, Desheng

    2009-01-01

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

  1. The Application of Social Justice Principles to Global School Psychology Practice

    Science.gov (United States)

    Shriberg, David; Clinton, Amanda

    2016-01-01

    In as much as school psychology practice is based on the goals of supporting the rights, access, and treatment of children as related to their education, social justice has the potential to be a moral framework for training, research, and practice in school psychology. Accordingly, this article seeks to achieve many objectives. First, a definition…

  2. Justice Of The Peace Foreign Experience Of Organization Comparative Legal Analysis

    Directory of Open Access Journals (Sweden)

    Aishat R. Kaitova

    2014-09-01

    Full Text Available In the present article a short comparative analysis of the modern advanced states of the judicial systems is carried out. With considered judicial system's specifics existence it is possible to reveal their common features and tendencies of development. Today, for all states of the world community the process of globalization and universalism is characteristic. Practically all modern Constitutions and laws of states reproduce general approaches to the organization of the judicial systems and trial procedures, which are basis on the principles of the norms of international law, such as the right for fair and public trial in the reasonable time by the independent and impartial court, created on the basis of law. Moreover, today it is already possible to speak not only about declarative fixing of these general approaches, but also about their practical expression in the form of the number of judicial reforms implementation among which the important role is played by the problem of the institute of the justice of the peace formation and development. In this context foreign experience of the institute of the justice of the peace formation and functioning study will allow to reveal the general tendencies and ways of this legal institute improvement in our country. In the conclusion author notes that in the Romano-German family of the legal systems (France, Spain, Anglo-American (USA, Great Britain and mixed (Canada, Australia - justice of the peace carried out justice earlier and still continue to function successfully, at the same time this legal institute not usual for the socialist law. So there were no justices of the peace in the USSR, China, Democratic People's Republic of Korea, Cuba, etc.

  3. Justice foundations for the Comprehensive Law Movement.

    Science.gov (United States)

    Dewhurst, Dale

    2010-01-01

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

  4. The Voiceless Victim: A critical analysis of the impact of enhanced victim participation in the criminal justice process

    Directory of Open Access Journals (Sweden)

    Sarah Moynihan

    2015-12-01

    Full Text Available In contrast to many European jurisdictions, the victim of an alleged crime in England, Wales and Northern Ireland is denied any form of meaningful participation at the trial stage of the criminal justice process. This is by reason of the unyielding structure of the Anglo-American adversarial system, which facilitates a dispute between two parties only - the prosecution, acting on behalf of the collective public interest and the defence. In recent years, however, the victims’ movement has gained momentum as advocates of victims’ rights have been engaged in an impassioned campaign to enhance the participatory rights of victims in the criminal justice process. Fervent arguments have been articulated pertaining to the value of various forms of victim input. This paper cogitates some of these arguments and critically evaluates how enhanced victim participation in the criminal justice process has the potential to undercut the integrity of the Anglo- American adversarial system; a system with objective adjudication at its core.

  5. The Ghosts of Justice and the Law of Historical Memory

    Directory of Open Access Journals (Sweden)

    MĂłnica LĂłpez Lerma

    2011-04-01

    Full Text Available S’appuyant sur la relation éthico-politique entre la mémoire et la justice dans le sens proposé par Walter Benjamin et Jacques Derrida, cet article porte sur le rétablissement de la mémoire historique des victimes de la dictature de Francisco Franco (1939-1975. Pour ce faire, il oppose le roman Beltenebros (1989 d’Antonio Muñoz Molina et la récente loi espagnole « loi de la mémoire historique » (2007. En juxtaposant le roman et la loi, cet article vise à retracer dans chaque texte une série de pratiques récurrentes de représentations (mots, images, expressions qui cherchent à rendre justice aux victimes, avec un succès inégal. Les expressions récurrentes du roman (par exemple, les ombres, le refoulé, l’éternel retour, les fantômes et la cécité soulignent l’importance de surmonter les « fantômes du passé ». La loi, quant à elle, se concentre sur d’autres mots et images (par exemple, la fondation, la réconciliation, la concorde et la fermeture qui font allusion à l’idée du progrès historique sans une reconnaissance appropriée des injustices du passé. Ce faisant, la loi devient un lieu de commémoration pour la Transition espagnole, mais pas pour le rétablissement de la mémoire des victimes. La ré-appropriation de la loi de « l’esprit de la Transition » révèle la peur profonde de l’Espagne d’affronter les fantômes du passé, une peur qui peut être perçue encore aujourd’hui.Drawing on the ethico-political relationship between memory and justice in the sense proposed by Walter Benjamin and Jacques Derrida, this article addresses the recovery of the historical memory of the victims of Francisco Franco’s dictatorship (1939–1975. It does so by contrasting Antonio Muñoz Molina’s novel Beltenebros (Prince of Shadows, 1989 and the recent Spanish “Law of Historical Memory” (2007. In juxtaposing the novel and the current law, it aims to trace in each text a series of recurring

  6. Educational Administration and Social Justice

    Science.gov (United States)

    Bates, Richard

    2006-01-01

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

  7. Picking the right transition strategy.

    Science.gov (United States)

    Watkins, Michael D

    2009-01-01

    Leaders in transition reflexively rely on the skills and strategies that worked for them in the past. That's a mistake, says Watkins, whose research shows that executives moving into new roles must gain a deep understanding of the situation at hand and adapt to it. To help them accurately assess their organizations and tailor their strategies and styles accordingly, he developed the STARS framework. "STARS" is an acronym for the five common situations leaders move into: start-up, turnaround, accelerated growth, realignment, and sustaining success. Thus, the model outlines the challenges of launching a venture or project; saving a business or initiative that's in serious trouble; dealing with rapid expansion; reenergizing a once-leading company that's now facing problems; and following in the footsteps of a highly regarded leader with a strong legacy of success. Executives can accelerate their immersion in new roles by following certain fundamental principles: Organize to learn about the business, establish A-item priorities, define strategic intent, quickly build the leadership team, secure early wins, and create supportive alliances across the company. But the way those principles should be applied depends very much on the business situation, which the STARS framework can help leaders analyze. Turnarounds and realignments present especially distinct leadership challenges that call for particular transition strategies. Regardless of the business situation, leaders must figure out which things need to happen--perhaps a jump in market share or an expansion into different markets--for their business to achieve its goals. And they must determine which leadership style best fits the new culture they're joining. Armed with such clarity, executives can design effective plans to manage their organizations and themselves.

  8. Mode of effective connectivity within a putative neural network differentiates moral cognitions related to care and justice ethics.

    Science.gov (United States)

    Cáceda, Ricardo; James, G Andrew; Ely, Timothy D; Snarey, John; Kilts, Clinton D

    2011-02-25

    Moral sensitivity refers to the interpretive awareness of moral conflict and can be justice or care oriented. Justice ethics is associated primarily with human rights and the application of moral rules, whereas care ethics is related to human needs and a situational approach involving social emotions. Among the core brain regions involved in moral issue processing are: medial prefrontal cortex, anterior (ACC) and posterior (PCC) cingulate cortex, posterior superior temporal sulcus (pSTS), insula and amygdala. This study sought to inform the long standing debate of whether care and justice moral ethics represent one or two different forms of cognition. Model-free and model-based connectivity analysis were used to identify functional neural networks underlying care and justice ethics for a moral sensitivity task. In addition to modest differences in patterns of associated neural activity, distinct modes of functional and effective connectivity were observed for moral sensitivity for care and justice issues that were modulated by individual variation in moral ability. These results support a neurobiological differentiation between care and justice ethics and suggest that human moral behavior reflects the outcome of integrating opposing rule-based, self-other perspectives, and emotional responses.

  9. Job insecurity and job performance: The moderating role of organizational justice and the mediating role of work engagement.

    Science.gov (United States)

    Wang, Hai-jiang; Lu, Chang-qin; Siu, Oi-ling

    2015-07-01

    Organizational justice has been shown to play an important role in employees' affective and performance outcomes particularly in uncertain contexts. In this study, we investigated the interaction effect of job insecurity and organizational justice on employees' performance, and examined the mediating role of work engagement from the perspective of uncertainty management theory. We used 2-wave data (Study 1) from a sample of 140 Chinese employees and 3-wave data (Study 2) from a sample of 125 Chinese employees to test our hypotheses. In Study 1, we found that when employees perceived low levels of organizational justice, job insecurity was significantly negatively related to job performance. In contrast, we found that job insecurity was not related to job performance when there were high levels of organizational justice. Study 2 again supported the interaction of job insecurity and organizational justice on job performance. Furthermore, it was found that work engagement mediated the interaction effect. The results of the mediated moderation analysis revealed that job insecurity was negatively associated with job performance through work engagement when organizational justice was low. (c) 2015 APA, all rights reserved).

  10. “Judge-Only” Justice V. Collaborators: Introduction

    Directory of Open Access Journals (Sweden)

    Maria Cristina Reale

    2011-12-01

    Full Text Available Who and how many are the collaborators of judges? The answer may differ according to the perspective under which Justice is considered. In this introduction, and in the light of the papers submitted in the first session of the workshop, a distinction is proposed between “direct” and “indirect” collaborators of judges, according to the side of Justice observed. If Justice is confined simply to the classical function performed by courts, i.e. deciding cases according to the law, it seems quite obvious to remark that judges never act alone, since they normally benefit from the help of different kinds of assistants who, at different levels, help them in their daily work. But when paying attention to the facet of Justice concerning the concrete enforcement of decision, it becomes inevitable to take into account different categories of subjects involved in the “administration” of justice. Under this second perspective, justice is a matter for everyone: not only judges and prosecutors, but other professionals and bodies, including also Governments and other public institutions, since their decisions concerning, for example, human and material resources assigned to the judicial system have inevitably an impact on Justice considered as a public service. Lastly, the aptitude of the public opinion cannot be ignored: the degree of public satisfaction with the judicial system may influence the demand of justice as well as its material functioning. Accordingly, even common citizens could be seen as a very peculiar sort of “collaborators” of judges.

  11. Incorporating environmental justice into environmental decision making

    Energy Technology Data Exchange (ETDEWEB)

    Wolfe, A.K.; Vogt, D.P.; Hwang, Ho-Ling [Oak Ridge National Lab., TN (United States)] [and others

    1995-07-01

    Executive Order 12898, signed on February 11, 1994, broadly states that federal activities, programs, and policies should not produce disproportionately high and adverse impacts on minority and low-income populations. Moreover, the Order indicates that these populations should not be denied the benefits of, or excluded from participation in, these activities, programs, and policies. Because a presidential memorandum accompanying the order said that National Environmental Policy Act (NEPA) documents should begin to address environmental justice immediately, much attention has been paid to assessment-related issues. Also important, a topic that appears to have received relatively little attention, is how decision makers should be expected to use information about environmental justice in their decision making. This paper discusses issues surrounding the use of environmental justice information in the decision-making process by focusing on the following five main topics: (1) the importance, or weight, attached to environmental justice within larger decision-making contexts; (2) the potential tension between localized environmental justice issues and regional or national issues and needs; (3) the use of environmental justice information to develop (perhaps in concert with affected minority and low-income communities) appropriate mitigation strategies, or to establish conditions under which activities, programs, and policies may be accepted locally; (4) the general implications of shifting the distribution of broadly defined risks, costs, and benefits among different population groups; and (5) the implications of implementing environmental justice on an individual, ad hoc basis rather than within a larger environmental justice framework. This paper raises the issues and discusses the implications of alternative approaches to them.

  12. Health, Traffic, and Environmental Justice: Collaborative Research and Community Action in San Francisco, California

    Science.gov (United States)

    Sciammas, Charlie; Seto, Edmund; Bhatia, Rajiv; Rivard, Tom

    2009-01-01

    Health impacts on neighborhood residents from transportation systems can be an environmental justice issue. To assess the effects of transportation planning decisions, including the construction of an intraurban freeway, on residents of the Excelsior neighborhood in southeast San Francisco, PODER (People Organizing to Demand Environmental and Economic Rights), a local grassroots environmental justice organization; the San Francisco Department of Public Health; and the University of California, Berkeley, collaborated on participatory research. We used our findings regarding traffic-related exposures and health hazards in the area to facilitate community education and action to address transportation-related health burdens on neighborhood residents. PMID:19890147

  13. 75 FR 1751 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Science.gov (United States)

    2010-01-13

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

  14. 75 FR 7441 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Science.gov (United States)

    2010-02-19

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

  15. Morality, justice and the challenge of execution of witches in Africa ...

    African Journals Online (AJOL)

    An attempt to fill this gap facilitates an investigation into the nexus between morality and social justice. The fundamental problem now is, is it morally right to kill? Should witches be killed? If witches should be executed, are there moral and legal bases for such killing? How should we account for the question of sanctity of ...

  16. Social Justice in India: Perspectives from School Leaders in Diverse Contexts

    Science.gov (United States)

    Richardson, Jayson W.; Sauers, Nicholas J.

    2014-01-01

    This study focuses on social justice from the perspective of five school leaders in Delhi, India. Four of the schools in the study are affluent. One school serves primarily students who live in extreme poverty. Through interviewing these leaders, two major themes were identified. First, these leaders tended to view human rights as a driver of a…

  17. A turning point in the concept of justice: from Adam Smith to John Stuart Mill

    Directory of Open Access Journals (Sweden)

    Estrella Trincado Aznar

    2012-01-01

    Full Text Available Classical economists, John Stuart Mill included, based their theories on Adam Smith’s system. At some point, they labelled it as a "utilitarian" theory. However, Smith was non-utilitarian, perhaps even anti-utilitarian. One of the most amazing differences between classical economics versus Smithian theory consists of their concept of justice. Classical economics were based on a utilitarian concept; Smith criticizes the concept of utilitarian justice. Utility being a subjective picture, classical economists find it more difficult to draw limits to state intervention than Smith does. This paper compares Smith’s and John Stuart Mill’s concept of justice when they make the case for land tenure. Mill admits that society cannot properly be said to owe anything to the poor. However, not arguing from 'abstract rights,' but from 'utility' understood in its largest sense, Mill defended the nationalization of land. Mill was unable to draw any limits to state intervention. Conversely, Smith defended that justice is not a utilitarian concept. In this case, limits to state intervention are more easily drawn.

  18. A turning point in the concept of justice: from Adam Smith to John Stuart Mill

    Directory of Open Access Journals (Sweden)

    Estrella Trincado Aznar

    2015-07-01

    Full Text Available Classical economists, John Stuart Mill included, based their theories on Adam Smith’s system. At some point, they labelled it as a "utilitarian" theory. However, Smith was non-utilitarian, perhaps even anti-utilitarian. One of the most amazing differences between classical economics versus Smithian theory consists of their concept of justice. Classical economics were based on a utilitarian concept; Smith criticizes the concept of utilitarian justice. Utility being a subjective picture, classical economists find it more difficult to draw limits to state intervention than Smith does. This paper compares Smith’s and John Stuart Mill’s concept of justice when they make the case for land tenure. Mill admits that society cannot properly be said to owe anything to the poor. However, not arguing from 'abstract rights,' but from 'utility' understood in its largest sense, Mill defended the nationalization of land. Mill was unable to draw any limits to state intervention. Conversely, Smith defended that justice is not a utilitarian concept. In this case, limits to state intervention are more easily drawn.

  19. Privileged Pursuits of Social Justice: Exploring Privileged College Students' Motivation for Engaging in Social Justice

    Science.gov (United States)

    Howard, Adam

    2011-01-01

    The author of this article explores the motivation factors that lead privileged college students to be involved in social justice efforts. The students participating in this study identified multiple reasons for their initial and continued involvement in social justice work, but all students identified three main sources of motivation: responding…

  20. MĂŁori Customary Law: A Relational Approach to Justice

    Directory of Open Access Journals (Sweden)

    Stephanie Vieille

    2012-03-01

    Full Text Available This research paper examines the philosophy of justice embodied in tikanga Mãori, the Mãori traditional mechanism and approach to doing justice. Based on several months of fieldwork in New Zealand, this study contends that the Mãori approach to justice adopts a holistic and relational lens, which requires that justice be seen in the context of relationships and crimes dealt with in terms of the relationships they have affected. As a result, justice must be carried out within the community and the process owned by community members. Further discussion draws attention to the response of Mãori communities to the New Zealand government’s attempt to accommodate their traditions and warns against the global tendency to render traditional Indigenous approaches to justice ahistorical through their representation as restorative justice mechanisms.

  1. Health and justice: the capability to be healthy.

    OpenAIRE

    Venkatapuram, Sridhar

    2009-01-01

    This is an inter-disciplinary argument for a moral entitlement to a capability to be healthy. Motivated by the goal to make a human right to health intelligible and justifiable, the thesis extends the capability approach, advocated by Amartya Sen and Martha Nussbaum, to the theory and practice of the human health sciences. Moral claims related to human health are considered at the level of ethical theory, or a level of abstraction where principles of social justice that determine the purpos...

  2. The Politics of European Human Rights Culture

    Czech Academy of Sciences Publication Activity Database

    Agha, Petr

    2017-01-01

    RoÄŤ. 7, ÄŤ. 3 (2017), s. 200-215 ISSN 1805-8396 R&D Projects: GA ÄŚR GA13-30299S Institutional support: RVO:68378122 Keywords : Court of Justice of the European Union * European Court of Human Rights * religious symbols Subject RIV: AG - Legal Sciences OBOR OECD: Law

  3. 44 CFR 11.17 - Referral to Department of Justice.

    Science.gov (United States)

    2010-10-01

    ... Justice. 11.17 Section 11.17 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY... Referral to Department of Justice. When Department of Justice approval or consultation is required under § 11.16, the referral or request shall be transmitted to the Department of Justice by the Chief Counsel...

  4. 28 CFR 0.85a - Criminal justice policy coordination.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal justice policy coordination. 0.85a Section 0.85a Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Federal Bureau of Investigation § 0.85a Criminal justice policy coordination. The Federal Bureau...

  5. Analyzing the politico-moral foundations of the Iran’s health system based on theories of justice

    Science.gov (United States)

    Akrami, Forouzan; Abbasi, Mahmoud; Karimi, Abbas; Shahrivari, Akbar; Majdzadeh, Reza; Zali, Alireza

    2017-01-01

    Public health ethics is a field that covers both factual and ethical issues in health policy and science, and has positive obligations to improve the well-being of populations and reduce social inequalities. It is obvious that various philosophies and moral theories can differently shape the framework of public health ethics. For this reason, the present study reviewed theories of justice in order to analyze and criticize Iran’s general health policies document, served in 14 Articles in 2014. Furthermore, it explored egalitarianism as the dominant theory in the political philosophy of the country’s health care system. According to recent theories of justice, however, health policies must address well-being and its basic dimensions such as health, reasoning, autonomy, and the role of the involved agencies and social institutions in order to achieve social justice beyond distributive justice. Moreover, policy-making in the field of health and biomedical sciences based on Islamic culture necessitates a theory of social justice in the light of theological ethics. Educating people about their rights and duties, increasing their knowledge on individual agency, autonomy, and the role of the government, and empowering them will help achieve social justice. It is recommended to design and implement a strategic plan following each of these policies, based on the above-mentioned values and in collaboration with other sectors, to clarify the procedures in every case. PMID:29291037

  6. 5 CFR 177.108 - Referral to Department of Justice.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Referral to Department of Justice. 177... ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 177.108 Referral to Department of Justice. When Department of Justice approval or consultation is required, or the advice of the Department of Justice is...

  7. When Human Claims Become Rights. The Case of the Right to Truth over “Desaparecidos”

    Directory of Open Access Journals (Sweden)

    Arianna Jacqmin

    2017-12-01

    Full Text Available This article deals with the birth of the Right to Truth for the families of missing persons. It refers to socio-legal theories about the origins of human rights that deconstruct their moral and philosophical dimension, and place them in the social milieu in which they arise and develop. This theoretical framework helps analyzing the transitional context of Argentina after the dictatorship, where lawyers promoted the Right to Truth, as the best alternative to a missing criminal justice. Through the analysis of legal memories, the article shows how lawyers and activists, by using the seductive human rights rhetoric, were able to attribute legal qualification to a moral aspiration, as they transformed the desire of the victims to know the destiny of all desaparecidos into a new and autonomous right. Este artículo se centra en el nacimiento del Derecho a la Verdad para las familias de personas desaparecidas. Se refiere a las teorías sociojurídicas sobre los orígenes de los derechos humanos las cuales desconstruyen su dimensión moral y filosófica y los ubican en el contexto social en el cual surgen y se desarrollan. Este marco teórico ayuda a analizar el contexto transicional de la Argentina posterior a la dictadura, en el cual los juristas promovieron el Derecho a la Verdad como alternativa óptima a una justicia penal ausente. A través del análisis de la memoria legal, el artículo muestra cómo los juristas y activistas, utilizando la seductora retórica de derechos humanos, fueron capaces de atribuir calidad jurídica a una aspiración moral, a medida que transformaron el deseo de las víctimas de conocer el destino de todos los desaparecidos en un nuevo derecho autónomo. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=3051031

  8. Wolf in Sheep’s Clothing? Trade Mark Rights Against Goods in Transit and the End of Traditional Territorial Limits

    NARCIS (Netherlands)

    Senftleben, M.R.F.

    2016-01-01

    The December 2015 reform of EU trade mark law led to the introduction of a new exclusive right against goods in transit in Art. 9(4) of the EU Trade Mark Regulation and Art. 10(4) of the Trade Mark Directive. This new right raises complex questions of compliance with the international guarantee of

  9. 40 CFR 1620.8 - Referral to Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Referral to Department of Justice... ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS ACT § 1620.8 Referral to Department of Justice. When Department of Justice approval or consultation is required, or the advice of the Department of Justice is...

  10. Social welfare and restorative justice

    OpenAIRE

    Fox, Darrell

    2009-01-01

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

  11. The design of a medical school social justice curriculum.

    Science.gov (United States)

    Coria, Alexandra; McKelvey, T Greg; Charlton, Paul; Woodworth, Michael; Lahey, Timothy

    2013-10-01

    The acquisition of skills to recognize and redress adverse social determinants of disease is an important component of undergraduate medical education. In this article, the authors justify and define "social justice curriculum" and then describe the medical school social justice curriculum designed by the multidisciplinary Social Justice Vertical Integration Group (SJVIG) at the Geisel School of Medicine at Dartmouth. The SJVIG addressed five goals: (1) to define core competencies in social justice education, (2) to identify key topics that a social justice curriculum should cover, (3) to assess social justice curricula at other institutions, (4) to catalog institutionally affiliated community outreach sites at which teaching could be paired with hands-on service work, and (5) to provide examples of the integration of social justice teaching into the core (i.e., basic science) curriculum. The SJVIG felt a social justice curriculum should cover the scope of health disparities, reasons to address health disparities, and means of addressing these disparities. The group recommended competency-based student evaluations and advocated assessing the impact of medical students' social justice work on communities. The group identified the use of class discussion of physicians' obligation to participate in social justice work as an educational tool, and they emphasized the importance of a mandatory, longitudinal, immersive, mentored community outreach practicum. Faculty and administrators are implementing these changes as part of an overall curriculum redesign (2012-2015). A well-designed medical school social justice curriculum should improve student recognition and rectification of adverse social determinants of disease.

  12. Psychometric properties of a four-component Norwegian Organizational Justice Scale.

    Science.gov (United States)

    Olsen, Olav Kjellevold; Myrseth, Helga; Eidhamar, Are; Hystad, Sigurd W

    2012-04-01

    Organizational justice has attracted attention as a predictor of employees' mental and physical health as well as commitment and work outcomes. The lack of a Norwegian translation of an organizational justice scale has precluded its use in Norway. Four dimensions of the organizational justice construct were examined in a Norwegian military context, including facet measures of distributional, interpersonal, and informational justice developed by Colquitt in 2001, in addition to procedural justice developed by Moorman in 1991. Confirmatory factor analyses supported a four-dimensional structure with good internal consistency. Follow-up analyses have suggested that the four dimensions were nested beneath a general, latent organizational justice factor. A positive relationship between organizational justice and self-sacrificial behavior was found, indicating satisfactory construct validity. The results demonstrate that the Norwegian Organizational Justice Scale is a reliable and construct-valid measure of organizational justice in a Norwegian setting.

  13. Doing Justice Today: A Welcoming Embrace for LGBT Students in Christian Schools

    Science.gov (United States)

    Joldersma, Clarence W.

    2016-01-01

    The article argues for welcoming LGBT students in Christian schools. The article develops an idea of justice based on Nicholas Wolterstorff's idea of claim-rights of vulnerable groups that have been wronged, and applies this to the security and recognition of LGBT students in Christian schools. The article presents empirical evidence about the…

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

    African Journals Online (AJOL)

    OLAWUYI

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

  15. 24 CFR 17.9 - Referral to Department of Justice.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Referral to Department of Justice... Procedures § 17.9 Referral to Department of Justice. When Department of Justice approval or consultation is required under § 17.8, the referral or request shall be transmitted to the Department of Justice by the...

  16. Shame and Guilt in Restorative Justice

    DEFF Research Database (Denmark)

    Rodogno, Raffaele

    2008-01-01

    In this article, I examine the relevance and desirability of shame and guilt to restorative justice conferences. I argue that a careful study of the psychology of shame and guilt reveals that both emotions possess traits that can be desirable and traits that can be undesirable for restoration. More...... in particular, having presented the aims of restorative justice, the importance of face-to-face conferences in reaching these aims, the emotional dynamics that take place within such conferences, and the relevant parts of the empirical psychology of shame and guilt, I argue that restorative justice...

  17. The Ethics of Teaching for Social Justice: A Framework for Exploring the Intellectual and Moral Virtues of Social Justice Educators

    Science.gov (United States)

    Taylor, Rebecca M.

    2015-01-01

    Pursuing social justice in education raises ethical questions about teaching practice that have not been fully addressed in the social justice literature. Hytten (2015) initiated a valuable way forward in developing an ethics of social justice educators, drawing on virtue ethics. In this paper, I provide additional support to this effort by…

  18. Getting the Description Right : Saving Transitivity from Arbitrary Translation

    NARCIS (Netherlands)

    D. Heim (Darian)

    2013-01-01

    textabstractIf Jane prefers a over b, and b over c, we normally expect her to prefer a over c too. Such transitivity of behavior is central to our normative assessment of the rationality of choices. However, experimental evidence shows recurring and stable violations of transitivity in choices over

  19. 10 CFR 1014.7 - Referral to Department of Justice.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Referral to Department of Justice. 1014.7 Section 1014.7... § 1014.7 Referral to Department of Justice. (a) When Department of Justice approval or consultation is required under § 1014.6, the referral or request shall be transmitted to the Department of Justice by the...

  20. 34 CFR 21.1 - Equal Access to Justice Act.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Equal Access to Justice Act. 21.1 Section 21.1 Education Office of the Secretary, Department of Education EQUAL ACCESS TO JUSTICE General § 21.1 Equal Access to Justice Act. (a) The Equal Access to Justice Act (the Act) provides for the award of fees and...

  1. Restorative Justice: New Horizons in Juvenile Offender Counseling

    Science.gov (United States)

    Ryals, John S. Jr.

    2004-01-01

    Treatment strategies of the juvenile justice system focus singularly on rehabilitation of offenders, and victims and communities are excluded from the rehabilitative process. Restorative justice views victims and communities as essential components in rehabilitative efforts. In this article, the principles and practices of restorative justice,…

  2. COLLABORATIVE (PARTNERSHIP AS A FORM OF "RESTORATIVE JUSTICE" IN CONFLICT RESOLUTION FOREST RESOURCES MANAGEMENT

    Directory of Open Access Journals (Sweden)

    Agus Surono

    2017-02-01

    Full Text Available Conflict management of forest resources among communities around forest areas often occur in various regions, particularly in some national parks and forest management as Perhutani in Java and Inhutani outside Java. These conflicts indicate the forest resources management has not effectively made a positive impact in improving communities welfare around forest areas. Although the provisions of Article 3 in conjunction with Article 68 of Law No. 41 of 1999 on Forestry, provide the basis for communities around the forest rights of forest areas, but in reality there are still people around forest areas that do not enjoy such rights and it is this which often leads to conflicts in the management of forest resources. In the event of conflict, the solution can be done collaboratively (partnership which is one form of restorative justice is an alternative dispute resolution (ADR. Keywords: collaborative, conflict, restorative justice, forest resources.

  3. "Really Useful Research" for Real Equality and Justice in Adult and Community Education

    Science.gov (United States)

    Connolly, BrĂ­d

    2016-01-01

    In recent decades, adult and community education has emerged as a distinctive discipline in its own right, based on scholarship in the quest for real equality and social justice. This distinctive discipline is already characterised by "really useful practice", that is, critical, creative pedagogy, heavily influenced by women's studies…

  4. Social Justice, Research, and Adolescence.

    Science.gov (United States)

    Russell, Stephen T

    2016-03-01

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

  5. Organizational Justice and Employee Satisfaction in Performance Appraisal

    Science.gov (United States)

    Palaiologos, Anastasios; Papazekos, Panagiotis; Panayotopoulou, Leda

    2011-01-01

    Purpose: This paper aims to explore the performance appraisal (PA) aspects that are connected with organizational justice, and more specifically three kinds of justice, namely distributive, procedural and interactional justice. Design/methodology/approach: The research is based on a sample of 170 respondents who answered a questionnaire giving…

  6. The Productivity of Criminology and Criminal Justice Faculty.

    Science.gov (United States)

    DeZee, Matthew R.

    The scholarly productivity of criminology and criminal justice faculty and programs was investigated. The methodologies that were used to rate journals that publish articles in the criminology/criminal justice field and to select 71 schools with graduate programs in criminology or criminal justice are described. Primary interest focused on…

  7. 76 FR 62434 - HUD Draft Environmental Justice Strategy

    Science.gov (United States)

    2011-10-07

    ... Justice Strategy AGENCY: Office of the Sustainable Housing and Communities, HUD. ACTION: Notice. SUMMARY: Through this notice, HUD announces the release of its draft Environmental Justice Strategy for review and... federal agency, with the law as its guide, should make environmental justice part of its mission. In this...

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

    African Journals Online (AJOL)

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

  9. From conditions of equality to demands of justice

    DEFF Research Database (Denmark)

    Hartz, Emily; Nielsen, Carsten Fogh

    2015-01-01

    Equal freedom is the common starting point for most contractual theories of justice from Hobbes and Rousseau to Rawls. But while equal freedom defines a common starting point for these theories, this does not result in a general consensus on the conception of justice. On the contrary, different...... ways of conceptualizing the contractual starting point leads to different conceptions of the demands of justice. To fully understand the relationship between equal freedom and justice we therefore first need to explicate how and why the initial condition of equality is transformed into demands...... of justice. In this paper we discuss how this transformation takes place in the theories of Hobbes, Rousseau and Rawls, with particular emphasis on the vexed relationship between motivation and justification....

  10. A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges

    Directory of Open Access Journals (Sweden)

    S Tabe

    2012-03-01

    Full Text Available The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of

  11. Mode of effective connectivity within a putative neural network differentiates moral cognitions related to care and justice ethics.

    Directory of Open Access Journals (Sweden)

    Ricardo Cáceda

    Full Text Available BACKGROUND: Moral sensitivity refers to the interpretive awareness of moral conflict and can be justice or care oriented. Justice ethics is associated primarily with human rights and the application of moral rules, whereas care ethics is related to human needs and a situational approach involving social emotions. Among the core brain regions involved in moral issue processing are: medial prefrontal cortex, anterior (ACC and posterior (PCC cingulate cortex, posterior superior temporal sulcus (pSTS, insula and amygdala. This study sought to inform the long standing debate of whether care and justice moral ethics represent one or two different forms of cognition. METHODOLOGY/PRINCIPAL FINDINGS: Model-free and model-based connectivity analysis were used to identify functional neural networks underlying care and justice ethics for a moral sensitivity task. In addition to modest differences in patterns of associated neural activity, distinct modes of functional and effective connectivity were observed for moral sensitivity for care and justice issues that were modulated by individual variation in moral ability. CONCLUSIONS/SIGNIFICANCE: These results support a neurobiological differentiation between care and justice ethics and suggest that human moral behavior reflects the outcome of integrating opposing rule-based, self-other perspectives, and emotional responses.

  12. Mode of Effective Connectivity within a Putative Neural Network Differentiates Moral Cognitions Related to Care and Justice Ethics

    Science.gov (United States)

    Cáceda, Ricardo; James, G. Andrew; Ely, Timothy D.; Snarey, John; Kilts, Clinton D.

    2011-01-01

    Background Moral sensitivity refers to the interpretive awareness of moral conflict and can be justice or care oriented. Justice ethics is associated primarily with human rights and the application of moral rules, whereas care ethics is related to human needs and a situational approach involving social emotions. Among the core brain regions involved in moral issue processing are: medial prefrontal cortex, anterior (ACC) and posterior (PCC) cingulate cortex, posterior superior temporal sulcus (pSTS), insula and amygdala. This study sought to inform the long standing debate of whether care and justice moral ethics represent one or two different forms of cognition. Methodology/Principal Findings Model-free and model-based connectivity analysis were used to identify functional neural networks underlying care and justice ethics for a moral sensitivity task. In addition to modest differences in patterns of associated neural activity, distinct modes of functional and effective connectivity were observed for moral sensitivity for care and justice issues that were modulated by individual variation in moral ability. Conclusions/Significance These results support a neurobiological differentiation between care and justice ethics and suggest that human moral behavior reflects the outcome of integrating opposing rule-based, self-other perspectives, and emotional responses. PMID:21364916

  13. Recognition rights, mental health consumers and reconstructive cultural semantics

    Directory of Open Access Journals (Sweden)

    Radden Jennifer H

    2012-01-01

    Full Text Available Abstract Introduction Those in mental health-related consumer movements have made clear their demands for humane treatment and basic civil rights, an end to stigma and discrimination, and a chance to participate in their own recovery. But theorizing about the politics of recognition, 'recognition rights' and epistemic justice, suggests that they also have a stake in the broad cultural meanings associated with conceptions of mental health and illness. Results First person accounts of psychiatric diagnosis and mental health care (shown here to represent 'counter stories' to the powerful 'master narrative' of biomedical psychiatry, offer indications about how experiences of mental disorder might be reframed and redefined as part of efforts to acknowledge and honor recognition rights and epistemic justice. However, the task of cultural semantics is one for the entire culture, not merely consumers. These new meanings must be negotiated. When they are not the result of negotiation, group-wrought definitions risk imposing a revision no less constraining than the mis-recognizing one it aims to replace. Contested realities make this a challenging task when it comes to cultural meanings about mental disorder. Examples from mental illness memoirs about two contested realities related to psychosis are examined here: the meaninglessness of symptoms, and the role of insight into illness. They show the magnitude of the challenge involved - for consumers, practitioners, and the general public - in the reconstruction of these new meanings and realities. Conclusion To honor recognition rights and epistemic justice acknowledgement must be made of the heterogeneity of the effects of, and of responses to, psychiatric diagnosis and care, and the extent of the challenge of the reconstructive cultural semantics involved.

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

    African Journals Online (AJOL)

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

  15. Water Justice

    NARCIS (Netherlands)

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

    2018-01-01

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

  16. THE DIALOGUE BETWEEN ADMINISTRATIVE COURT AND COURT OF JUSTICE OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Bosilja Britvić Vetma

    2014-01-01

    Full Text Available This paper discusses the dialogue judges between administrative court and Court of Justice of the European Union, and determines the most important elements of this cooperation. Special attention was given preliminary ruling procedure and position of Croatian administrative courts in it. In the following paper, the relationship between tha national administrative courts, the Courts of Justice of the European Union and the European Court of Human Rights after the Treaty of Lisbon. This paper also discusses the solutions adopted in other countries, special attention was paid to the influence of French administrative law on cooperation (dialogue between the courts due to a strong influence on the development of that cooperation.

  17. Teacher Activism: Enacting a Vision for Social Justice

    Science.gov (United States)

    Picower, Bree

    2012-01-01

    This qualitative study focused on educators who participated in grassroots social justice groups to explore the role teacher activism can play in the struggle for educational justice. Findings show teacher activists made three overarching commitments: to reconcile their vision for justice with the realities of injustice around them; to work within…

  18. In Pursuit of Educational Justice and Liberated Hearts

    Science.gov (United States)

    Mirci, Philip S.

    2008-01-01

    This article contributes to a discussion about educational leadership programs related to social justice and diversity. It focuses on the development of social justice leaders through a doctoral program that culminates in a Doctorate in Educational Justice. The program's design is intended to empower graduates to act with hearts liberated through…

  19. 28 CFR 20.34 - Individual's right to access criminal history record information.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Individual's right to access criminal history record information. 20.34 Section 20.34 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL... Individual's right to access criminal history record information. The procedures by which an individual may...

  20. Executive impunity and parallel justice? The United Kingdom debate on secret inquests and inquiries.

    Science.gov (United States)

    Bray, Rebecca Scott

    2012-03-01

    At the beginning of 2008, the United Kingdom Government rolled into the Counter-Terrorism Bill some controversial proposals to reform coronial inquest processes, namely clauses that would provide for "secret inquests". The provisions were heavily criticised both inside and outside Parliament, and took a rocky passage through both the House of Commons and the House of Lords before eventually being abandoned by the government. In 2009 the government again tried to introduce "secret inquests" with the Coroners and Justice Bill, instead ultimately succeeding in establishing what critics have termed a "parallel" system of justice through provisions around "secret inquiries". This move has been seen as subverting the principles of transparency and open justice in the investigation of contentious deaths. This article examines the government's efforts to introduce "secret inquests" and thereafter "secret inquiries" in the context of the United Kingdom's coronial law and purpose, human rights obligations and the ongoing issues around sensitive intelligence, and examines the clash of laws that gave rise to the controversial proposals.

  1. War and Post-conflict in Guatemala: Seeking Justice Before and After the Peace Agreements

    Directory of Open Access Journals (Sweden)

    Maira Ixchel Benítez Jiménez

    2016-08-01

    Full Text Available By suggesting that the mobilization of civil society groups has been the driving factor behind the progress of legal justice in post-war Guatemala, this article argues that the recent achievements in this field were possible by several institutional changes over time which provided some degree of access to political and legal opportunities. A review of the oral and documental sources allows tracking some transformations before and after the peace agreements, which favored or inhibited the attribution of criminal responsibility for serious human rights violations committed during the war period. These changes in the political sphere, or resulting from the interaction between pro-justice advocates and their particular context, have enabled the legal activist community to position themselves as crucial stakeholders in the peacebuilding process. In addition, it has allowed them to play a prominent role in the activation of justice through judicialization strategies in this post-conflict period.

  2. 32 CFR 989.33 - Environmental justice.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Environmental justice. 989.33 Section 989.33 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE ENVIRONMENTAL PROTECTION ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP) § 989.33 Environmental justice. During the preparation of...

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

    NARCIS (Netherlands)

    Breemen, K.

    2012-01-01

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

  4. Organizational justice and health: Contextual determinants and psychobiological consequences

    NARCIS (Netherlands)

    Herr, R.M.

    2015-01-01

    The research presented in this thesis entitled "Organizational Justice and Health: Contextual Determinants and Psychobiological Consequences" aimed to investigate associations between organizational justice and employee health and biological functioning. Organizational justice is an occupational

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

    Science.gov (United States)

    Osler, Audrey

    2015-01-01

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

  6. Restorative Justice: Principles, Practices, and Application

    Science.gov (United States)

    O'Brien, Sandra Pavelka

    2007-01-01

    A modern-day movement is transforming the way that communities and justice systems think about and respond to crime and wrongful occurrences. This response implements a holistic continuum of services, providing for prevention, intervention, diversion, commitment, probation, reentry, and aftercare. This approach--known as restorative justice--seeks…

  7. Restorative Justice as Strength-Based Accountability

    Science.gov (United States)

    Ball, Robert

    2003-01-01

    This article compares strength-based and restorative justice philosophies for young people and their families. Restorative justice provides ways to respond to crime and harm that establish accountability while seeking to reconcile members of a community. Restorative approaches are an important subset of strength-based interventions.

  8. Values and religiosity as predictors of engagement in social justice.

    Science.gov (United States)

    Torres-Harding, Susan R; Carollo, Olivia; Schamberger, AntĂş; Clifton-Soderstrom, Karl

    2013-01-01

    Some researchers have suggested that values, including religious values and motivations, might facilitate social justice work. Individuals might view social justice work as an expression of religious beliefs, values, and practices, or as an expression of their personal morals and values. The current study examined the role of religious variables and secular values to predict attitudes, intentions to engage in social justice, perceived norms around social justice, and perceived ability to engage in social justice within a culturally and religiously diverse student population. Implications of the study results for social justice education are presented and discussed.

  9. JUSTICE DRIVERS: THE SOCIO-COMMUNICATIVE FUNCTIONS OF YORUBA INDIGENOUS KNOWLEDGE

    Directory of Open Access Journals (Sweden)

    Ezekiel Bolaji

    2017-01-01

    Full Text Available Justice is a widely attested sacrosanct lifeblood of every human society which requires fair-play and impartial judgment and is often represented by a woman holding a balanced pair of scales in one hand and bearing a sword in the other, symbolising carefully weighed evidence and protection of the innocent, as well as punishment for the guilty; at times, justice is blindfolded, indicating impartiality. Though universal, justice is driven differently in different societies, as it is a derivative of the culture and tradition of the people with, often, a blend of some foreign touch, establishing its universality – universal justice – a source of which is expected to be divine or supreme, attesting to a human inborn tendency. If justice is divine, then the source of true justice transcends humans, which translates into the fact that all human societies draw principles from this higher source and apply the principles so drawn in line with the peculiarities of their culture and tradition. Hence, the extent to which justice is manifest or practiced in any society is contingent on how close or far away the society is to applying the divine justice. Since no human society has been able to abide by these principles perfectly, humans can attain no perfect justice. A discussion of perfect justice, as exemplified by a particular society and thus expected to be imitated by another, is beyond the scope of this paper. This paper investigates what drives justice and how justice is driven among the Yoruba. This paper argues that the Yoruba exploit the socio-communicative value of taboos, proverbs and àrokò to sustain justice in the society. The paper presents the issue through the frame of the principle of shared knowledge and socio-cultural competence.

  10. The interface between the Mediation and Restorative Justice

    Directory of Open Access Journals (Sweden)

    Gustavo Rabay Guerra

    2016-06-01

    Full Text Available The present work starts stating the failure of the dominant paradigm of the penal system, retributive model, pointing to the emergence of restorative justice as a new paradigm of criminal justice, from the change in focus about the offender and in the rescue of victim’s role of conflict situations in the criminal orbit. In this sense, from the employment of mediation as restorative practice and identification of theoretical disagreements about the relationship between restorative justice and mediation, this article has the intention to investigate the existing interface between mediation and restorative justice in Brazil. Therefore, we start from the assumption that mediation and restorative justice are institutes with different origins and trajectories that at some moments have common destinations, presenting an intersection relationship when mediation is used in criminal matters as restorative practice. Thus, the research has as main aim to analyze similarities and differences between mediation and restorative justice in the Brazilian practice. From this perspective, we intend to make use of a comparative approach in the analysis of the institutes, to identify their origins and trajectories

  11. Green justice in the city

    DEFF Research Database (Denmark)

    Rutt, Rebecca Leigh; Gulsrud, Natalie Marie

    2016-01-01

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

  12. 75 FR 70293 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2010-11-17

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1532] Meeting of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, Justice. ACTION: Notice of Meeting. SUMMARY: The Office of Juvenile...

  13. Reflexivity and social justice

    DEFF Research Database (Denmark)

    Maksimovic, Tijana; Jakobsen, Helle Nordentoft

    2017-01-01

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

  14. [Historical Transition of Sexuality Education in Japan and Outline of Reproductive Health/Rights].

    Science.gov (United States)

    Nishioka, Emiko

    2018-01-01

    In this paper, we describe the historical transition of sexuality education in Japan and the direction of sexuality education taken by the Ministry of Education, Culture, Sports, Science and Technology (MEXT). Reproductive health/rights, a key concept in sex education, is also discussed. In Japanese society, discussion on sexuality has long been considered taboo. After the Second World War, sexuality education in Japan began as "purity education." From 1960 until the early 1970s, physical aspects such as genital organs, function, secondary sexual characteristics, and gender differences were emphasized. Comprehensive education as a human being, including physiological, psychological, and social aspects, began to be adopted in the late 1970s. In 2002, it was criticized that teaching genital terms at primary schools and teaching about sexual intercourse and contraceptive methods at junior high schools were "overdue guidance" and "extreme contents." Sexuality education in schools has become a problem and has stagnated for about 10 years. Currently, schools teach sexuality education that does not deviate from the MEXT course guidelines. The direction of MEXT regarding sexuality education should be examined from the basic position that sexual activity by children is inappropriate. Reproductive health/rights apply the concept of human rights to sexuality and reproduction. Reproductive health/rights are key concepts that support sex education and women's health.

  15. (Injustice contexts and work satisfaction: The mediating role of justice perceptions

    Directory of Open Access Journals (Sweden)

    Zhou, Q.

    2012-01-01

    Full Text Available This study explores the impact of the social context, namely (injustice climate and target, in workers' justice perceptions and satisfaction. Individual's justice judgments are expected to mediate the relationship of (injustice climate and target with work satisfaction. We found mediation effects of procedural justice in the relationship between justice climate and satisfaction, and interactional justice in the relationship between injustice target and satisfaction. Distributive justice does not affect the relationship between the (injustice context and satisfaction. Findings demonstrate the relevance of framing organizational justice in a socially contextualized perspective since they seem to influence individual justice reactions and work attitudes. Using an experimental methodology, it was possible to explore the role of seldom studied contextual variables.

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

    Science.gov (United States)

    Beltrán, Ramona; Hacker, Alice; Begun, Stephanie

    2016-01-01

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

  17. Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia

    Directory of Open Access Journals (Sweden)

    Khairil Azmin Mokhtar

    2017-03-01

    Full Text Available Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

  18. Social Justice, Disability, and Rehabilitation Education

    Science.gov (United States)

    Kelsey, Daniel; Smart, Julie F.

    2012-01-01

    The academic field and the professional practice of rehabilitation counseling focuses on one aspect of social justice, assisting individuals with disabilities to attain full community inclusion. Nonetheless, social justice focuses on many marginalized groups and in the related fields of counseling and psychology, those with disabilities are rarely…

  19. 76 FR 53965 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2011-08-30

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1556] Meeting of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U. S. Department of Justice. ACTION: Notice of meeting. SUMMARY: The...

  20. 77 FR 61641 - Meeting of the Federal Advisory Committee on Juvenile Justice

    Science.gov (United States)

    2012-10-10

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1608] Meeting of the Federal Advisory Committee on Juvenile Justice AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. ACTION: Notice of meeting. SUMMARY: The...