WorldWideScience

Sample records for rights transitional justice

  1. 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...

  2. 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

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

    NARCIS (Netherlands)

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

    2010-01-01

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

  4. 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....

  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. 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.

  7. 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...

  8. 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 Gómez 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

  9. 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

  10. 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?

  11. 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...

  12. 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 ...

  13. 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.

  14. 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 ‘transitional justice’. Should the legal response to massive violence and bloodshed be

  15. 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 ‘transitional justice’. Should the legal response to massive violence and bloodshed be primarily a

  16. 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 ...

  17. 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

  18. 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 ‘transitional justice’. Should the legal response to massive violence and bloodshed be primarily a deontological one, giving primacy to the right in awarding ‘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.

  19. 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)

  20. 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.

  1. 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.

  2. „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

  3. "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.

  4. 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.

  5. 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 ...

  6. 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 ...

  7. 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 ...

  8. 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

  9. 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 ...

  10. "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…

  11. 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...

  12. 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.

  13. 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...

  14. 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...

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

    OpenAIRE

    Carlos Arturo Gómez 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...

  16. 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.

  17. 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 ...

  18. 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.

  19. 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.

  20. 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).

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    Diego Arturo Zysman Quirós

    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 ‘the justice cascade’. Until recently, leading scholars in sociology of punishment have studied the penality of ‘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 ‘parallelism’ – through an exploration of the punishment of both ‘common crimes’ and ‘state crimes’ in Argentina, thus contributing to the growing body of scholarship on southern criminology.

  3. 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.

  4. 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.

  5. 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…

  6. 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

  7. 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)

  8. 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 ...

  9. 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.

  10. 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...

  11. “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

  12. 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.

  13. 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...

  14. 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.

  15. 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.

  16. Right to access to justice in environmental matters

    Directory of Open Access Journals (Sweden)

    Daniela Gračan

    2010-01-01

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

  17. 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.

  18. 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

  19. 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.

  20. 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.

  1. 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 (‘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.

  2. 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…

  3. 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…

  4. 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

  5. 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...

  6. 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...

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. [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.

  12. 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.

  13. 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

  14. 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.

  15. 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.

  16. 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 ...

  17. 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,…

  18. 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.

  19. 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 ...

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

    OpenAIRE

    DANIEL SOTO MUÑOZ

    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...

  1. The Right to Dignity and Restorative Justice in Schools | Reyneke ...

    African Journals Online (AJOL)

    A retributive and punitive approach is normally adopted in dealing with misbehaviour 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 ...

  2. 'Justice Be Our Shield and Defender': An Intellectual Property Rights ...

    African Journals Online (AJOL)

    Protecting intellectual property rights has become essential in encouraging cutting-edge scholarship that advances the frontiers of knowledge. For a long time, the majority of Africa's intelligentsia has worked in local and international environments that have exploited the continent's intellectual capital. Even in contexts where ...

  3. 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...

  4. 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.

  5. 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

  6. 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.

  7. 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

  8. 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.

  9. 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.

  10. 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 ...

  11. 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 ...

  12. “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.

  13. 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 ...

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

    Directory of Open Access Journals (Sweden)

    d'Ávila 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.

  15. 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.

  16. 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

  17. 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…

  18. 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...

  19. 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.

  20. "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.

  1. 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

  2. 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

  3. 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.

  4. 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 ‘Donetsk’ and ‘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.

  5. 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.

  6. 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

  7. Transitional justice and democratisa- tion nexus: Challenges of ...

    African Journals Online (AJOL)

    stability. In tackling the notion of national reconciliation as a central pillar ... of the political leadership to account for the country's dark past' (ICTJ. 2014:10). State fragility ..... instability to stability; from human rights violations to a situation where.

  8. 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.

  9. Is Transitional Justice Necessary to Establish Long Term Stability

    Science.gov (United States)

    2016-05-10

    unit called the cellule , constituents elected 19 gacaca judges to hear cases involving crimes against property included under Category 4 of the...Ibid. 53 crimes, defendants at the cellule level did not have the right to an appeal. By 2007, the Rwandan Parliament expanded the jurisdiction

  10. 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

  11. 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 ‘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.

  12. Power sharing and transitional justice : a clash of paradigms?

    OpenAIRE

    Vandeginste, Stef; Sriram, Chandra Lekha

    2011-01-01

    Abstract: Recent peace negotiations practice has given rise to the emergence of two paradigms. In line with normative developments in global human rights protection, internationally brokered peace processes often address the options for accountability for abuses committed in the past and generally cannot include blanket amnesties. At the same time, many agreements end armed conflicts by offering power-sharing incentives for warring parties. In most cases, power-sharing arrangements are likely...

  13. 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.

  14. 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)

  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. 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 MARTÍNEZ 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.

  17. 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.

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

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    Anna Mühlhausen

    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. 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.

  20. 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

  1. 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.

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

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    Helen Stalford

    2017-09-01

    Full Text Available Making the justice process ‘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 ‘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, ‘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.

  3. 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

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

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    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 ‘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 ‘conflict of rules’ of these two conventions which were, interestingly, adopted by the same international organization.

  5. 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…

  6. 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

  7. 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

  8. 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…

  9. 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.

  10. 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.

  11. "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.

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

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    Carlos Alberto Vilar Estêvão

    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

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

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    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.

  14. 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.

  15. 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.

  16. 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.

  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. 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

  19. European Court of Justice Secures Fundamental Rights from UN Security Council Resolutions

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    Sebastian Recker

    2009-02-01

    ="MsoFootnoteReference">[4]. The Court of First Instance held that in principle it had no jurisdiction to review the lawfulness of regulations based on Security Council resolutions. The European Court of Justice stated that acts of the Sanctions Committee under Chapter VII of the UN Charter must be reviewable if restrictions infringe general principles of Community law[5]. This decision creates a new balance of power in international law. Obligations from international agreements cannot prejudice fundamental rights as general principles of the EC Treaty.

    Until this judgment, it seemed that the UN Security Council had the unconfined power to determine binding instructions to States under Chapter VII of the UN Charter without the possibility of judicial review by Member States. The conflict between the status quo demanded by the United Nations and the requirement of the European Communities in securing their general principles shows the purpose and at the same time abashment of international law. Who determines the rules in international law and who is to decide when the rules have been violated? This question is contentious, because the standing of rules in international law is dependent on the consent of the parties. In this regard, European Union Member States, institutions, citizens and courts were not agreed on how to balance the competence in these cases[6

  20. 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.

  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 Łódź PPSY International Seminar Transitional Justice: Between Redemption and Retribution. Łódź (June 6, 2017, University of Łódź, Professor Czesław Mojsiewicz International Cooperation Fund and the Editorial Board of the Polish Political Science Yearbook. The Łódź 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 Łódź, Research Centre of University of Łódź "The Balkans at the Turn of the 20th and the 21st Century", Professor Czesław Mojsiewicz International Cooperation Fund, Adam Marszałek 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 Łódź 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. A Case of Successful Transitional Justice: Fritz Bauer and his Late Recognition in the Federal Republic of Germany

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    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.

  3. Does Judicial Independence explain Post-transitional Justice? ¿Puede 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

  4. 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.

  5. "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.

  6. Advancement of Children's Rights in Africa: A Social Justice Framework for School Psychologists

    Science.gov (United States)

    Pillay, Jace

    2014-01-01

    The United Nations Convention on Children's Rights and the subsequent African Charter on the Rights and Welfare of the Child together with the Bill of Children's Rights and numerous other policies and regulations in many African countries have set the precedent for children's rights to be respected and implemented across the African Continent.…

  7. 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.

  8. Visual Graphics for Human Rights, Social Justice, Democracy and the Public Good

    Science.gov (United States)

    Nanackchand, Vedant; Berman, Kim

    2012-01-01

    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 public good in South African…

  9. Civil Rights Continued: How History Positions Young People to Contemplate Sexuality (In)justice

    Science.gov (United States)

    Schmidt, Sandra J.

    2014-01-01

    Same-sex marriage is part of a global civil rights struggle for LGBQ rights. How this movement is framed, advanced, and critiqued across the globe can be linked to how young people in schools are prepared to deliberate social issues in the political sphere. This article examines national history books as cultural artifacts that present what is…

  10. 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.

  11. The Contribution of the Caribbean Court of Justice to the Development of Human and Fundamental Rights

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2018-01-01

    This article highlights some of the most important legal developments of the CCJ with the goal of clarifying its role as a human and fundamental rights Court. The article also assesses these legal developments in the light of the Court’s authority. I argue that, through its case-law, the CCJ has...... succeeded in formally becoming a central player in the enforcement of human and fundamental rights in the region. In particular, the Court has shown a remarkable capacity to navigate the various different jurisdictions of the Caribbean States (ie, common v civil law systems) as well as the different legal...... cultures and approaches to international human rights and laws (ie, dualism v monism as well as British v international approaches to human rights)....

  12. Environmental justice and the rights of indigenous peoples: international and domestic legal perspectives

    National Research Council Canada - National Science Library

    Westra, Laura

    2008-01-01

    ... Peoples: Some Recent ATCA Jurisprudence First Nations of Canada and the Legal and Illegal Attacks on their Existence 71 103 125 PART III - JUSTIFYING GENOCIDE: PRINCIPLES AND REALITY 7 8 Genocide and Eco-crime: The Interface Aboriginal Rights in Domestic and International Law, and the Special Case of Arctic Peoples 163 187 PART...

  13. Children Hungering for Justice: Curriculum on Hunger and Children's Rights, Grades 9-12.

    Science.gov (United States)

    van Berkum, Carla

    This curriculum is designed to introduce students to the issues of world hunger and children's rights. The curriculum includes more than enough material for two hour-long lessons. Each lesson can stand on its own; however, the interrelated nature of the topics lends itself to presenting both parts of the packet. If time is limited, suggestions are…

  14. Children Hungering for Justice: Curriculum on Hunger and Children's Rights, Grades 5-8.

    Science.gov (United States)

    van Berkum, Carla

    This curriculum is designed to introduce students to the issues of world hunger and children's rights. The curriculum includes more than enough material for two hour-long lessons. Each lesson can stand on its own; however, the interrelated nature of the topics lends itself to presenting both parts of the packet. If time is limited, suggestions are…

  15. Can International Human Rights Law Help Restore Access to Justice for Disabled Workers?

    Directory of Open Access Journals (Sweden)

    Rupert Harwood

    2016-04-01

    Full Text Available The research literature indicates that legislative changes in recent years, including the introduction of tribunal fees, have made it harder for workers in general to enforce their rights under UK employment laws. Drawing on the author’s qualitative study, conducted in 2015 and with information from 265 participants, this paper finds that these legislative changes could be having disproportionate adverse impacts on disabled workers. Of particular note, fees had deterred substantial numbers from submitting discrimination claims; and it appeared that this reluctance to take legal action had in turn emboldened some employers to commit what might have been found to constitute unlawful acts if taken to tribunal. The paper goes onto consider whether these adverse impacts on disabled workers could render fees unlawful under UK and European equality and human rights law and/or could entail violations of rights under the United Nations Convention on the Rights of Persons with Disabilities. The paper concludes that the intent behind UK laws might (in relation to the lawfulness of fees have been frustrated in the domestic courts and that the impact of any future successes in the domestic courts, or under international law, might be dependent upon public opinion and political expediency. The paper also briefly compares developments in Britain with developments in neighbouring and other comparable jurisdictions.

  16. Children Hungering for Justice: Curriculum on Hunger and Children's Rights, Grades K-4.

    Science.gov (United States)

    Gray, Kaaren St. Armour

    This curriculum is designed to introduce students to the issues of world hunger and children's rights. The curriculum includes more than enough material for two hour-long lessons. Each lesson can stand on its own; however, the interrelated nature of the topics lends itself to presenting both parts of the packet. If time is limited, suggestions are…

  17. 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

  18. Citizenship, rights and justice in Latin America: The citizenisation-judicialisation of politics

    Directory of Open Access Journals (Sweden)

    Pilar Domingo

    2009-05-01

    Full Text Available The aim of this article is to study the phenomena of the judicialisation of politics and the citizenisation of the political discourse in Latin America in recent years. The article begins by presenting a definition of these phenomena, after which the author explains the phenomena through three different areas: the changes in civil society that have led to a discovery of law and the language of law; institutional reforms and specifically the reforms of judicial power in recent years, and the changes in the legitimisation discourse of the political system around the concepts of democracy and citizenship of rights.

  19. Abuse, Neglect, and Violence Against Elderly Women in Ghana: Implications for Social Justice and Human Rights.

    Science.gov (United States)

    Sossou, Marie-Antoinette; Yogtiba, Joseph A

    2015-01-01

    This article discusses abuse and neglect of elderly women in Ghana and the traditional practices that adversely affect their human rights. Their situation is characterized by pervasive poverty, illiteracy, widowhood, predominantly rural dwelling, and subjection to insidious cultural practices and superstitious beliefs. Increase in life expectancy and population trends point to significant increases in the numbers of the elderly women. Breakdown of the extended family support system and the waning of filial obligations are factors affecting their welfare. Accurate data on these abuses is lacking due to cultural inhibitions and non-reporting. Legislations and NGO programs are addressed to combat abuses.

  20. The right to privacy and the transparency of justice: two weighing exercises

    Directory of Open Access Journals (Sweden)

    Poalelungi Mihail

    2017-10-01

    Full Text Available Within this article, the author emphasizes a problem which is nowadays largely debated in our society, a subject especially highlighted by the journalists – the anonymization of court decisions. In the Republic of Moldova, by way of invoking the practice of general anonymization of judgments, also existent in some of the European Union states, and the recent developments in the field of personal data protection, was proposed the amendment of the Regulation on the manner of publication of judgments on the unique online portal of the national courts. The draft amendment establishes that the judgments must be anonymised „in accordance with the provisions of the Law on the protection of personal data”. The proposals have raised negative reactions among journalists and some lawyers. The author considers that, actually, the circumstances are those which determine the beneficial form and character of the principles and decided to analyse if this solution is justified in the case of the Republic of Moldova. He suggests balancing as a means of striking the fair balance inherent to the European Convention on Human Rights and to the Constitution of the Republic of Moldova, a method which is used even by the European Court of Human Rights.

  1. Juvenile justice: "continent" institucional management a guarantor proposal of human rights

    Directory of Open Access Journals (Sweden)

    Ana Paula Motta Costa

    2016-12-01

    Full Text Available This article addresses the issue of management in socio-educative institutions for adolescents involved in the juvenile criminal system. This is one of the main challenges encountered in the field of protection of children and adolescents’ rights in Brazil. To make institutional management possible in the Socio-Educational System in a way which possibilitates the achievement of the system’s goals, the establishment of a management model that time mobilizes all personnel around common guidelines, in a democratic and participatory manner which enables “institutional continence” is necessary. Considering the historical reality of the institutions responsible for implementing socio-educative measures in Brazil, institutional management of these entities requires a working methodology that stipulates instances of decision and participation. Therefore, this article seeks to provide information that will enable its readers to reflect on the socio-educative institutions, establishing mechanisms for a management methodology that guarantees the effectiveness of the rights of adolescents and considers the specificity of each institution, as well as local circumstances by which it is surrounded.

  2. Getting the parking right for transit-oriented development.

    Science.gov (United States)

    2012-03-01

    Increasingly MPOs in Texas are incorporating Transit-Oriented Development (TOD) or similar : concepts into their long-range plans for the purpose of achieving sustainable transportation. : One major challenge to implementing these TOD-type strategies...

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

    NARCIS (Netherlands)

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

    2009-01-01

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

  4. 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

  5. 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.

  6. 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.

  7. Military, Transitioning Democracy and Rights: The Case of Indonesia

    OpenAIRE

    Imam, Windi Arini

    2016-01-01

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

  8. Thrombolytic therapy of right heart emboli-in-transit.

    Science.gov (United States)

    Jessurun, G A; Brügemann, J; Hamer, J P; Römer, J P; Lie, K I

    1995-11-01

    Currently, no consensus exists for the appropriate treatment of echocardiographically diagnosed mobile right heart masses giving rise to a high suspicion of migrant thromboembolism in patients with pulmonary embolism. This may lead to unnecessary delay in the implementation of the most appropriate treatment for these patients. Several earlier studies have supported the beneficial role of thrombolytic therapy. We report on an additional two patients with mobile right heart thromboemboli, refractory to systemic anticoagulation, who recovered quickly after initiation of thrombolytic therapy.

  9. 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.

  10. THROMBOLYTIC THERAPY OF RIGHT HEART EMBOLI-IN-TRANSIT

    NARCIS (Netherlands)

    JESSURUN, GAJ; BRUGEMANN, J; HAMER, JPM; ROMER, JPH; LIE, KI

    1995-01-01

    Currently, no consensus exists for the appropriate treatment of echocardiographically diagnosed mobile right heart masses giving rise to a high suspicion of migrant thromboembolism in patients with pulmonary embolism, This may lead to unnecessary delay in the implementation of the most appropriate

  11. 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

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

    Directory of Open Access Journals (Sweden)

    Michael Marien

    2012-04-01

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

  13. 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…

  14. 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…

  15. The right to work: transition from free dismissal to guaranteed constitutional right

    Directory of Open Access Journals (Sweden)

    Alfredo Villavicencio Ríos

    2013-12-01

    Full Text Available After presenting the evolution of labor stability law in Peru, public and private scopes of the right to work are described allowing the Constitutional Court redefine dismissal regime (working stability of exit, in general, and specifying temporary recruitment regime (working stability of entry. Redefinition of dismissal legal framework is analyzed from constitutional and judicial case law stressing solved and pending issues.

  16. Neglected Voices : Untold Stories of Gender, Conflict and Transitional Justice in the Great Lakes Region

    NARCIS (Netherlands)

    Hollander, Theo

    2014-01-01

    This dissertation consists out of an introduction and one book chapter and three journal articles that are based on extensive field research in eastern Democratic Republic of the Congo and northern Uganda. The three overarching themes of this dissertation are gender, armed conflict and transitional

  17. An application of 'post-welfarist' theories of justice: comparing theorical rights to compensation and actual policy measures against poverty

    OpenAIRE

    David CLEMENT; Catherine SOFER

    2004-01-01

    The aim of this paper is to explore the empirical applicability of "post-welfarist" economic theories of justice and redistribution. We consider whether either of the two simple competing axioms of Bossert and Fleurbaey hold in the current French redistribution system. We first present the theoretical and methodological problems raised by the move from a purely individualistic theoretical approach to empirical measures integrating redistribution within households. We then propose a definition...

  18. 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.

  19. 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.

  20. 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.

  1. 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....

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

    OpenAIRE

    Mirandola, Sofia

    2017-01-01

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

  3. [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 Potosí, 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.

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

    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 Hawaíi 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 Hawaíi 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.

  5. 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.

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

    NARCIS (Netherlands)

    La Fors, Karolina

    2015-01-01

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

  7. 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

  8. Neoliberal Justice and the Transformation of the Moral: The Privatization of the Right to Health Care in Colombia.

    Science.gov (United States)

    Abadía-Barrero, César Ernesto

    2016-03-01

    Neoliberal reforms have transformed the legislative scope and everyday dynamics around the right to health care from welfare state social contracts to insurance markets administered by transnational financial capital. This article presents experiences of health care-seeking treatment, judicial rulings about the right to health care, and market-based health care legislation in Colombia. When insurance companies deny services, citizens petition the judiciary to issue a writ affirming their right to health care. The judiciary evaluates the finances of all relevant parties to rule whether a service should be provided and who should be responsible for the costs. A 2011 law claimed that citizens who demand, physicians who prescribe, and judges who grant uncovered services use the system's limited economic resources and undermine the state's capacity to expand coverage to the poor. This article shows how the consolidation of neoliberal ideology in health care requires the transformation of moral values around life. © 2015 by the American Anthropological Association.

  9. Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary: Lessons for policymakers

    OpenAIRE

    Draghici, Carmen

    2009-01-01

    The purpose of this policy paper is to highlight the role\\ud of the judiciary in reconciling counter-terrorism strategies\\ud with human rights standards. Indeed, judicial assent\\ud to the excesses of policy-makers risks deepening the\\ud human rights crisis caused by the fight against apocalyptic\\ud terrorism. In the aftermath of the September 11, 2001\\ud terrorist attacks against the United States, the political\\ud climate has been dominated by security concerns. The\\ud United States has invo...

  10. Identity Politics, Justice and the Schooling of Muslim Girls: Navigating the Tensions between Multiculturalism, Group Rights and Feminism

    Science.gov (United States)

    Keddie, Amanda

    2014-01-01

    This article focuses on the concerns expressed by three female Muslim educators who are support staff at an English comprehensive school. Consistent with the debates associated with multiculturalism, group rights and feminism, the article illuminates spaces of gender constraint and possibility within the discourses shaping these women's lives and…

  11. Book review - Borderline justice: the fight for refugee and migrant rights by Frances Webber, London, Pluto Press, 2012

    NARCIS (Netherlands)

    Liempt, I.C. van

    2013-01-01

    Our leaders encourage and treat as heroes those people who are fighting for democracy and human rights, in Burma, in Libya, in Egypt and Syria…But as soon as these heroes seek sanctuary here in the ‘free world’, they are transformed into a hostile alien threat to our culture and our values, to be

  12. 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. .

  13. Health and legal literacy for migrants: twinned strands woven in the cloth of social justice and the human right to health care.

    Science.gov (United States)

    Vissandjée, Bilkis; Short, Wendy E; Bates, Karine

    2017-04-13

    Based on an analysis of published literature, this paper provides an over-view of the challenges associated with delivering on the right to access quality health care for international migrants to industrialized countries, and asks which group of professionals is best equipped to provide services that increase health and legal literacy. Both rights and challenges are approached from a social justice perspective with the aim of identifying opportunities to promote greater health equity. That is, to go beyond the legal dictates enshrined in principles of equality, and target as an ethical imperative a situation where all migrants receive the particular assistance they need to overcome the barriers that inhibit their equitable access to health care. This assistance is especially important for migrant groups that are further disadvantaged by differing cultural constructions of gender. Viewing the topic from this perspective makes evident a gap in both research literature and policy. The review has found that while health literacy is debated and enshrined as a policy objective, and consideration is given to improving legal literacy as a means of challenging social injustice in developing nations, however, no discussion has been identified that considers assisting migrants to gain legal literacy as a step toward achieving not only health literacy and improved health outcomes, but critical participation as members of their adoptive society. Increasing migrant health literacy, amalgamated with legal literacy, aids migrants to better access their human right to appropriate care, which in turn demonstrably assists in increasing social engagement, citizenship and productivity. However what is not evident in the literature, is which bureaucratic or societal group holds responsibility for assisting migrants to develop critical citizenship literacy skills. This paper proposes that a debate is required to determine both who is best placed to provide services that increase health

  14. Is It Now Institutionally Appropriate for the Courts to Consider Whether the Assisted Dying Ban is Human Rights Compatible? Conway V Secretary of State for Justice.

    Science.gov (United States)

    Hobson, Clark

    2017-11-07

    Noel Conway has ultimately been granted permission to apply for judicial review, to seek a declaration under section 4(2) Human Rights Act 1998 that section 2(1) Suicide Act 1961 is incompatible with his right to respect for private life under Article 8(1) ECHR. Both decisions in the application process are significant. They attempt to deal with the qualitative elements in the reasoning of Lords Neuberger, Mance and Wilson, in Nicklinson v Ministry of Justice: what Parliament is required to have done to have 'satisfactorily addressed' the question of relaxing or modifying section 2(1) Suicide Act. In failing to consider the explicit use of qualitative reasoning, both courts fail to interpret Nicklinson properly-that Parliament must change the law, with a declaration of incompatibility likely if it failed to do so. The Court of Appeal was correct to overrule the High Court's unqualified approach to whether it was now institutionally appropriate for a court to consider issuing a declaration of incompatibility, for the purposes of granting permission to apply for judicial review. However, the Court of Appeal directly signals their belief that a range of primary evidence bears out a system of assisted suicide for those in Mr Conway's position could feasibly be devised. This question though, as to evidence of a feasible system in the future, is irrelevant to whether permission to apply for judicial review should be granted to argue it is institutionally appropriate to make a declaration of incompatibility regarding current legislation. This is a problem Nicklinson has made for assisted dying and incompatibility debates. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  15. 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.

  16. 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....

  17. 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

  18. 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.

  19. 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.

  20. [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.

  1. Transition Toolkit 3.0: Meeting the Educational Needs of Youth Exposed to the Juvenile Justice System. Third Edition

    Science.gov (United States)

    Clark, Heather Griller; Mathur, Sarup; Brock, Leslie; O'Cummings, Mindee; Milligan, DeAngela

    2016-01-01

    The third edition of the National Technical Assistance Center for the Education of Neglected or Delinquent Children and Youth's (NDTAC's) "Transition Toolkit" provides updated information on existing policies, practices, strategies, and resources for transition that build on field experience and research. The "Toolkit" offers…

  2. 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…

  3. 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…

  4. The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2010-01-01

    Full Text Available The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

  5. 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

  6. 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

  7. 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

  8. Women, truth, justice and reparation in Colombia

    Directory of Open Access Journals (Sweden)

    María 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.

  9. Juvenile Justice in Mexico

    Directory of Open Access Journals (Sweden)

    Martha Frías 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

  10. 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 ...

  11. 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...

  12. The Rise of Justice and the Ancient-to-Current Ethic Transition -From the Theory of Hume D. and Adam Smith%正义伦理学的兴起与古今伦理转型——以休谟、斯密的正义论为视角

    Institute of Scientific and Technical Information of China (English)

    高力克

    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.%在体谟的道德哲学中,“正义”居于引人注目的中心位置。他把道德分为“社会的道德”与“自然的道德”两类,“正ä

  13. 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

  14. 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

  15. Droit communautaire des droits fondamentaux - Recueil de decisions de la Cour de justice des Communautes europeennes. (book review) The European Court of Justice on the European Convention on Human Rights - Who said what, when? (book review)

    NARCIS (Netherlands)

    Besselink, L.F.M.

    These two volumes both aim to collect the case law of the ECJ on the protection of human rights in the EC, with this restriction that the volume edited by Guild and Lesieur - as the title indicates - is limited to the case law explicitly involving the European Convention on Human Rights; whereas the

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

    Science.gov (United States)

    Dostal, O

    2007-03-01

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

  17. 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...

  18. Transitional Justice and National Reconciliation

    Science.gov (United States)

    2014-01-01

    reform of the state “security services” requires the reform of the army, police, judiciary, customs, immigration control, intelligence services, and...Committee in South Africa, the Equity and Reconciliation Committee in Morocco, and similar entities in Chile and Peru. 3. Achieving community dialogue

  19. Droit communautaire des droits fondamentaux - Recueil de decisions de la Cour de justice des Communautes europeennes. (book review) The European Court of Justice on the European Convention on Human Rights - Who said what, when? (book review)

    OpenAIRE

    Besselink, L.F.M.

    2001-01-01

    These two volumes both aim to collect the case law of the ECJ on the protection of human rights in the EC, with this restriction that the volume edited by Guild and Lesieur - as the title indicates - is limited to the case law explicitly involving the European Convention on Human Rights; whereas the collection Droit communautaire des droits fondamentaux has cast the net much wider. Both books are valuable reference tools, especially for those not having access to CD-ROM editions of the case l...

  20. The European Court of Justice and the European Court of Human Rights determining the State responsible for examining an Asylum Application

    NARCIS (Netherlands)

    Versteegh, L.

    2015-01-01

    Article 6 of the Treaty of the European Union (TEU) as part of the 2009 Treaty of Lisbon states that the European Union recognizes the rights, freedoms and principles set out in the EU Charter of Fundamental Rights. It also states fundamental rights, as guaranteed by the European Convention on Human

  1. A floating right heart thrombus in transit across tricuspid valve causing an endocardial friction rub

    Directory of Open Access Journals (Sweden)

    Babu Kanjirakadavath

    2013-07-01

    Full Text Available We report a 42-year-old lady on combined oral contraceptive pills with deep venous thrombosis and mild pulmonary embolism, who developed shock, while being treated with heparin. On auscultation, there was an unexpected loud, superficial, squeaky, triphasic friction rub over the left lower parasternal area. Simultaneous echocardiogram revealed a large serpiginous, freely floating mass in right atrium, prolapsing freely to right ventricular inlet across the tricuspid valve. The endocardial friction rub persisted for about 24 h as long as the thrombus was intracardiac and disappeared when the thrombus disappeared from right heart, occluding the proximal left pulmonary artery. She died due to shock awaiting surgery. We highlight that such a rub in a patient with deep venous thrombosis, though rare, may be an important clue to impending pulmonary embolism.

  2. 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.

  3. 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.

  4. The Satisfaction of the Right of Justice under the Colombian Peace Process. A Look at Developments in the Field of Criminal Responsibility in the Context of a Peace Process and Current International Standards

    Directory of Open Access Journals (Sweden)

    Beatriz Eugenia Suárez López

    2014-07-01

    Full Text Available With the purpose of comparing the peace agreements that were carried out in Colombia during the decades of the 80s and 90s and the current negotiation process that is taking place in Havana with the farc, the article identifies the lessons of the peace processes selected and discusses their relevance to the negotiation in progress. In particular, the article explicates how the right to justice of the victims, and the amnesties and pardons to members of illegal armed groups, were addressed in the past. Furthermore, the article examines the Legislative Act 1 of 2012, which establishes the so-called ‘Legal Framework for Peace’. Thus, it highlights the possible consequences in regards to international responsibility of the Colombian State and of the perpetrators of international crimes.

  5. Lawyer Secondary Consultations: improving access to justice and human rights: reaching clients otherwise excluded through professional support in a multi-disciplinary practice’

    Directory of Open Access Journals (Sweden)

    Liz Sara Curran

    2017-09-01

    Full Text Available Under international law there are moral obligations on Nation States to ensure, protect and adhere to certain human rights standards. The difficulty is that if people do not know they have rights, do not have the confidence to assert their human rights or do not know the pathways to gain access to legal support and advice to action their human rights, then those human rights become unrealisable. It is now empirically established that unresolved legal problems result in poorer health and social outcomes. This article argues that the use of secondary consultations where a lawyer gives advice in a timely and approachable way to non-legal professionals (‘trusted intermediaries’ likely to have contact with the most vulnerable and disadvantaged clients, then this is an effective way of reaching clients who would otherwise not gain help or advice. The thesis for this article is that legal secondary consultations build capacity and confidence in professionals to both identify legal or human rights so they either support a client or, where appropriate, refer clients who would otherwise not get help because of a range of inhibitors. Legal secondary consultations enable people to identify their human rights and action them where otherwise they would be overlooked. The author draws on personal practical experience and initial findings from recent research in urban, outer urban and rural settings in Australia.

  6. The relevance of U.S. Ratification of the Convention on the Rights of the Child for Child Health: a matter of equity and social justice.

    Science.gov (United States)

    Kasper, Jennifer

    2010-01-01

    The United Nations Convention on the Rights of the Child (CRC) is a universally accepted tool to understand the social underpinnings of child health that medicine alone cannot address. Injustices plague U.S. society: Child poverty has been increasing since 2000, and the gap between the wealthiest and poorest is growing. Poverty is a toxic stress on child health and well-being. Three articles from the CRC help frame how to address this: nondiscrimination, the right to enjoy the highest attainable standard of health and access to health care, and the right to a standard of living adequate for complete development.

  7. CONSECUENCIAS PSICOSOCIALES DE LA PARTICIPACIÓN EN ESCENARIOS DE JUSTICIA TRANSICIONAL EN UN CONTEXTO DE CONFLICTO, IMPUNIDAD Y NO-TRANSICIÓN. PSYCHO-SOCIALCONSEQUENCES OF THE PARTICIPATION IN SCENARIOS OF TRANSITIONAL JUSTICE WITHIN A CONTEXT OF CONFLICT, IMPUNITY, AND NO TRANSITION.

    Directory of Open Access Journals (Sweden)

    Juan David Villa Gómez.

    2013-12-01

    Full Text Available El siguiente artículo recoge las voces de víctimas de violencia política en tres escenarios geográficos y sociopolíticos: el Oriente Antioqueño, el sur de Córdoba y la ciudad de Medellín (Madres de la Candelaria. A través de relatos de vida y grupos focales, los y las participantes expresaron sus significaciones y experiencias en torno a su participación en escenarios de reparación, verdad y justicia propiciados por el Estado Colombiano (hasta junio de 2012 en el marco de las normas de transición que se han aplicado en un contexto donde no ha finalizado el conflicto armado y se mantienen altos índices de impunidad y coerción de la población civil. Se discuten, a partir de los testimonios, las consecuencias psicosociales que se generan en las personas, desde una mirada compleja, cuando acuden a estos mecanismos propiciados por las normas colombianas. Abordando tanto los efectos de transformación y reparación, como aquellos que producen revictimización. Se concluye con una propuesta de justicia anamnética (Reyes Mate, 2003 que posibilite escenarios que respeten los derechos de las víctimas sin que esto implique revictimización ni obstáculos al logro de la paz. Abstract: The following article contains the voices of the victims of political violence in three geographical and sociopolitical scenarios in Colombia: The Eastern area of Antioquia, the Southern area of Cordoba and the city of Medellin (Mothers of the La Candelaria. Through stories of life and groups focus, participants expressed their meanings and experiences related to their participation in scenarios of repair, truth, and justice brought about by the Colombian State (as of June 2012 in the framework of the rules of transition which have been applied, in a context where the armed conflict has not ended yet, and where high levels of impunity and coercion of civilians have been maintained. Based on the testimonies collected, the psycho-social consequences generated in

  8. Infective endocarditis in chronic hemodialysis: A transition from left heart to right heart

    Directory of Open Access Journals (Sweden)

    Y Bentata

    2016-01-01

    Full Text Available Infective endocarditis (IE of the left heart is the most frequent type of IE in chronic hemodialysis (CHD (in 90% of cases whereas involvement of the right heart is rare. The aim of this study was to determine the clinical, biological, and echocardiographic characteristics, as well as the prognosis of IE in CHD. This is a retrospective study conducted at the Center of Nephrology and Hemodialysis in Oujda, Morocco. Over a period of 56 months, we compiled data on a series of 11 CHD patients with IE. Their mean age was 40.5 ± 14 years, 72% were male and 27.3% had diabetes. All patients had native valve. All patients had bacteremia preceding the episode of IE. The tricuspid valve was the site of IE in 45% of the cases. Cardiac complications were observed in 72% of the patients and mortality was observed in 72% of cases. The period from IE diagnosis to death was 9 ± 6 days. In our study, the tricuspid valve was the most affected valve of IE in CHD.

  9. 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....

  10. 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.)

  11. 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...

  12. The Past, Present and Future of the Relations between the European Court of Justice and the European Court of Human Rights

    DEFF Research Database (Denmark)

    Fabbrini, Federico; Larik, Joris

    2016-01-01

    , even in the aftermath of Opinion 2/13, a virtuous competition between the CJEU and the ECtHR can have beneficial effect for the protection of fundamental rights, as evidenced by the case of judicial review of targeted UN sanctions. At a time of increasing frustration and preoccupation on the relation...

  13. Has social justice any legitimacy in Kant's theory of right? The empirical conditions of the legal state as a civil union

    Directory of Open Access Journals (Sweden)

    Nuria Sánches Madrid

    2014-08-01

    Full Text Available This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1 to show that Kant's Doctrine of Right can offer solutions for the complex relation between economics and politics in our present time; 2 to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3 to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state.

  14. 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.

  15. 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.

  16. 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…

  17. 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,…

  18. 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…

  19. Corporate and public governances in transition: the limits of property rights and the significance of legal institutions

    Directory of Open Access Journals (Sweden)

    Jean-François Nivet

    2004-12-01

    Full Text Available Post-socialist transition raises crucial issues about the institutional setting of a market economy. The priority has been given to property rights, and privatization has been advocated as a means to depoliticize economic activities. The dismissal of external interventions, allied with the attraction to the American model and Hayekian ideas, often led to the introduction of minimal laws and wait for their evolutionary development. The failure of corporate and public governance, notably in Russia, helps to show why, on the contrary, democratically established legal rules are essential. Legislation should not only protect corporate shareholders and stakeholders, but more fundamentally all citizens against predatory collusive behavior of political, economic and criminal elites

  20. 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.

  1. 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 ‘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...

  2. 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.

  3. 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

  4. 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...

  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. TRANSIT

    Indian Academy of Sciences (India)

    First page Back Continue Last page Overview Graphics. TRANSIT. SYSTEM: DETERMINE 2D-POSITION GLOBALLY BUT INTERMITTENT (POST-FACTO). IMPROVED ACCURACY. PRINCIPLE: POLAR SATELLITES WITH INNOVATIONS OF: GRAVITY-GRADIENT ATTITUDE CONTROL; DRAG COMPENSATION. WORKS ...

  7. Rwanda - Strengthening Justice and Promoting Political Rights

    Data.gov (United States)

    Millennium Challenge Corporation — Our mixed-methods study—combining experimental, quasi-experimental, descriptive, and qualitative methods—assesses four of the five RTP components. Specifically, the...

  8. Why are generic drugs being held up in transit? Intellectual property rights, international trade, and the right to health in Brazil and beyond.

    Science.gov (United States)

    Rosina, Mônica Steffen Guise; Shaver, Lea

    2012-01-01

    Access to medicines faces a new legal threat: "border enforcement" of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it? © 2012 American Society of Law, Medicine & Ethics, Inc.

  9. 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.

  10. 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.

  11. 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.

  12. 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 ...

  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. 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.

  15. 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...

  16. 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.

  17. 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

  18. 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 ...

  19. 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.

  20. 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

  1. 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

  2. Language, Culture and Identity in the Transition to Primary School: Challenges to Indigenous Children's Rights to Education in Peru

    Science.gov (United States)

    Ames, Patricia

    2012-01-01

    This paper analyses a "critical moment" in the educational trajectories of young indigenous children in Peru: the transition to primary school. It addresses the inequalities in educational services that affect indigenous children, before looking at the micro-level processes that take place in school settings, through a focus on two…

  3. The Importance of Getting Started Right: Further Examination of the Facility-to-Community Transition of Formerly Incarcerated Youth

    Science.gov (United States)

    Bullis, Michael; Yovanoff, Paul; Havel, Emily

    2004-01-01

    This study examined the facility-to-community transition of 531 incarcerated youth following their release from Oregon's juvenile correctional system, for a period of 12 months. Data on the sample were gathered through phone interviews, while they were still in custody and then every 6 months after their parole. The interviewees were asked to…

  4. 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.

  5. Judicialização da saúde, acesso à justiça e a efetividade do direito à saúde Judicialization of the right to health, access to justice and the effectiveness of the right to health

    Directory of Open Access Journals (Sweden)

    Miriam Ventura

    2010-01-01

    Full Text Available Este artigo busca analisar os vínculos entre acesso à justiça e a efetividade de um dos aspectos do direito à saúde: o acesso aos medicamentos. Inicialmente, apresenta os desafios e as dificuldades na conceituação de saúde e do direito à saúde. Em seguida, analisa processos judiciais individuais que reivindicam dos entes públicos o fornecimento de medicamentos, no período de junho de 2007 a julho de 2008, no Tribunal de Justiça do Estado do Rio de Janeiro. Constata-se que a prescrição médica individual, a hipossuficiência econômica e a urgência dos demandantes ao acesso aos medicamentos são os principais respaldos das decisões judiciais analisadas, que determinam o fornecimento de medicamento conforme requerido pelos autores. Conclui-se que a efetividade do direito à saúde requer um conjunto de respostas políticas e ações governamentais mais amplas, e não meramente formais e restritas às ordens judiciais. As demandas judiciais não podem ser consideradas como principal instrumento deliberativo na gestão da assistência farmacêutica no SUS, mas admitidas como um elemento importante na tomada de decisão dos gestores e, muitas vezes, na melhoria do acesso aos medicamentos no âmbito do SUS. No contexto democrático brasileiro, a judicialização pode expressar reivindicações e modos de atuação legítimos de cidadãos e de instituições. O principal desafio é formular estratégias políticas e sociais orquestradas com outros mecanismos e instrumentos de garantia democrática, que aperfeiçoem os sistemas de saúde e de justiça com vistas à efetividade do direito à saúde.This paper aims to analyze the links between access to justice and the effectiveness of one aspect of the right to health: access to medicines. It initially presents the challenges and difficulties in the conceptualization of health and right to health, and then analyzes individual lawsuits demanding medicines against public services, from

  6. 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…

  7. 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 ...

  8. 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…

  9. 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 ...

  10. 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....

  11. 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.

  12. 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

  13. 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

  14. 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.

  15. "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…

  16. 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)

  17. 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)

  18. 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.

  19. 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” 

  20. 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.

  1. 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.

  2. 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.

  3. 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.

  4. Analysis of transit time flow of the right internal thoracic artery anastomosed to the left anterior descending artery compared to the left internal thoracic artery

    Science.gov (United States)

    Milani, Rodrigo; de Moraes, Daniela; Sanches, Aline; Jardim, Rodrigo; Lumikoski, Thais; Miotto, Gabriela; Santana, Vitor Hugo; Brofman, Paulo Roberto

    2014-01-01

    Introduction We evaluated with transit time flow the performance of the right and left thoracic arteries when used as a graft for the left anterior descending artery. Methods Fifty patients undergoing surgery for myocardial revascularization without cardiopulmonary bypass were divided into two groups. In group A patients received graft of right internal mammary artery to the anterior interventricular branch. In group B patients received graft of left internal mammary artery to the same branch. At the end of the operation the flow was assessed by measuring transit time. Results In group A, mean age was 60.6±9.49 years. The average height and weight of the group was 80.4±10.32 kg and 169.2±6.86 cm. The average number of grafts per patient in this group was 3.28±1.49. The mean flow and distal resistance obtained in right internal thoracic artery was 42.1±23.4 ml/min and 2.8±0.9 respectively. In group B, the mean age was 59.8±9.7 years. The average height and weight of this group was 77.7±14.22 kg and 166.0±8.2 cm. The average number of grafts per patient in this group was 3.08 ±0.82. The mean flow and distal resistance observed in this group was 34.2±19.1 ml/min and 2.0±0.7. There were no deaths in this series. Conclusion Right internal mammary artery presented a similar behavior to left internal mammary artery when anastomosed to the anterior interventricular branch of the left coronary artery. There was no statistical difference between the measured flow obtained between both arteries. PMID:25140463

  5. 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.

  6. 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

  7. 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...

  8. Corrective justice and contract law

    Directory of Open Access Journals (Sweden)

    Martín 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.

  9. Corrective justice and contract law

    OpenAIRE

    Martín 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.

  10. 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.…

  11. 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.

  12. 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.

  13. 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.

  14. Criminal Justice in America.

    Science.gov (United States)

    Croddy, Marshall; And Others

    An introduction to criminal law, processes, and justice is provided in this high school level text. Content is divided into six chapters, each treating a particular aspect of criminal procedure and the social and political issues surrounding it. Chapter 1 considers the criminal, the effects of crime on its victims, and legislation to aid victims.…

  15. Criminal Justice Web Sites.

    Science.gov (United States)

    Dodge, Timothy

    1998-01-01

    Evaluates 15 criminal justice Web sites that have been selected according to the following criteria: authority, currency, purpose, objectivity, and potential usefulness to researchers. The sites provide narrative and statistical information concerning crime, law enforcement, the judicial system, and corrections. Searching techniques are also…

  16. Publicity and Egalitarian Justice

    DEFF Research Database (Denmark)

    Lippert-Rasmussen, Kasper

    2008-01-01

    Recently, the issue of publicity has surfaced in discussions of the correct interpretation of the Rawlsian principles of justice. In an intriguing critique of G.A. Cohen's preferred interpretation of the difference principle as a principle that is incompatible with incentive-based inequalities...

  17. The Child Justice Act

    African Journals Online (AJOL)

    Stephan

    1995-06-16

    Jun 16, 1995 ... Gallinetti "Child Justice" 648; Le Roux-Kemp 2008 Annual Survey of South African Law 298 (the. Act contains a "separate, but parallel, ... The various aspects of section 68 are then evaluated. The greatest challenges lie in the ... See also, eg, Picardi Hotels v Thekwini. Properties 2009 1 SA 493 (SCA) para ...

  18. Health and human rights in eastern Myanmar after the political transition: a population-based assessment using multistaged household cluster sampling.

    Directory of Open Access Journals (Sweden)

    Parveen Kaur Parmar

    Full Text Available Myanmar transitioned to a nominally civilian parliamentary government in March 2011. Qualitative reports suggest that exposure to violence and displacement has declined while international assistance for health services has increased. An assessment of the impact of these changes on the health and human rights situation has not been published.Five community-based organizations conducted household surveys using two-stage cluster sampling in five states in eastern Myanmar from July 2013-September 2013. Data was collected from 6, 178 households on demographics, mortality, health outcomes, water and sanitation, food security and nutrition, malaria, and human rights violations (HRV. Among children aged 6-59 months screened, the prevalence of global acute malnutrition (representing moderate or severe malnutrition was 11.3% (8.0-14.7. A total of 250 deaths occurred during the year prior to the survey. Infant deaths accounted for 64 of these (IMR 94.2; 95% CI 66.5-133.5 and there were 94 child deaths (U5MR 141.9; 95% CI 94.8-189.0. 10.7% of households (95% CI 7.0-14.5 experienced at least one HRV in the past year, while four percent reported 2 or more HRVs. Household exposure to one or more HRVs was associated with moderate-severe malnutrition among children (14.9 vs. 6.8%; prevalence ratio 2.2, 95% CI 1.2-4.2. Household exposure to HRVs was associated with self-reported fair or poor health status among respondents (PR 1.3; 95% CI 1.1-1.5.This large survey of health and human rights demonstrates that two years after political transition, vulnerable populations of eastern Myanmar are less likely to experience human rights violations compared to previous surveys. However, access to health services remains constrained, and risk of disease and death remains higher than the country as a whole. Efforts to address these poor health indicators should prioritize support for populations that remain outside the scope of most formal government and donor programs.

  19. Health and human rights in eastern Myanmar after the political transition: a population-based assessment using multistaged household cluster sampling.

    Science.gov (United States)

    Parmar, Parveen Kaur; Barina, Charlene C; Low, Sharon; Tun, Kyaw Thura; Otterness, Conrad; Mhote, Pue P; Htoo, Saw Nay; Kyaw, Saw Win; Lwin, Nai Aye; Maung, Cynthia; Moo, Naw Merry; Oo, Eh Kalu Shwe; Reh, Daniel; Mon, Nai Chay; Singh, Nakul; Goyal, Ravi; Richards, Adam K

    2015-01-01

    Myanmar transitioned to a nominally civilian parliamentary government in March 2011. Qualitative reports suggest that exposure to violence and displacement has declined while international assistance for health services has increased. An assessment of the impact of these changes on the health and human rights situation has not been published. Five community-based organizations conducted household surveys using two-stage cluster sampling in five states in eastern Myanmar from July 2013-September 2013. Data was collected from 6, 178 households on demographics, mortality, health outcomes, water and sanitation, food security and nutrition, malaria, and human rights violations (HRV). Among children aged 6-59 months screened, the prevalence of global acute malnutrition (representing moderate or severe malnutrition) was 11.3% (8.0-14.7). A total of 250 deaths occurred during the year prior to the survey. Infant deaths accounted for 64 of these (IMR 94.2; 95% CI 66.5-133.5) and there were 94 child deaths (U5MR 141.9; 95% CI 94.8-189.0). 10.7% of households (95% CI 7.0-14.5) experienced at least one HRV in the past year, while four percent reported 2 or more HRVs. Household exposure to one or more HRVs was associated with moderate-severe malnutrition among children (14.9 vs. 6.8%; prevalence ratio 2.2, 95% CI 1.2-4.2). Household exposure to HRVs was associated with self-reported fair or poor health status among respondents (PR 1.3; 95% CI 1.1-1.5). This large survey of health and human rights demonstrates that two years after political transition, vulnerable populations of eastern Myanmar are less likely to experience human rights violations compared to previous surveys. However, access to health services remains constrained, and risk of disease and death remains higher than the country as a whole. Efforts to address these poor health indicators should prioritize support for populations that remain outside the scope of most formal government and donor programs.

  20. 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.

  1. Equality in the Framework of Justice

    OpenAIRE

    Aşik, Kübra

    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...

  2. 5 February 2010: Romanian Former Minister of Justice V. Stoica (4th from left) visiting SM18 with, from left to right, University of Bucharest Faculty of Physics A. Costescu, DESY Hamburg C. Diaconu; Mrs Valeriu Stoica; Université de Montpellier II S. Ciulli; Technology Department Vacuum, Surfaces and Coatings group S. Ilie; Technology Department Head F. Bordry and Adviser for Russian Federation, Central and Eastern Europe T. Kurtyka.

    CERN Multimedia

    Maximilien Brice

    2010-01-01

    5 February 2010: Romanian Former Minister of Justice V. Stoica (4th from left) visiting SM18 with, from left to right, University of Bucharest Faculty of Physics A. Costescu, DESY Hamburg C. Diaconu; Mrs Valeriu Stoica; Université de Montpellier II S. Ciulli; Technology Department Vacuum, Surfaces and Coatings group S. Ilie; Technology Department Head F. Bordry and Adviser for Russian Federation, Central and Eastern Europe T. Kurtyka.

  3. Choosing children: intergenerational justice?

    Science.gov (United States)

    Doyal, Len; McLean, Sheila

    2005-03-01

    In this discussion, we argue that the concept of intergenerational justice, usually used in environmental matters, is applicable to reproductive decisions also. Additionally, we propose that this permits certain reproductive choices to be made prior to conception or during the pregnancy, and that these choices should not be confined to clinical concerns. In particular, we argue that consideration of the interests of future children should be viewed from the perspective of objective well-being. That being the case, decisions about the sex of future offspring can, in terms of intergenerational justice, be legitimate. We do not argue that every reproductive choice is legitimate; for example it would not be legitimate deliberately to choose characteristics that prevent future children from potentially successful participation in social life.

  4. 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.

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

    NARCIS (Netherlands)

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

    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

  6. 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…

  7. Climate Change Justice

    OpenAIRE

    Sunstein, Cass R.; Posner, Eric A.

    2007-01-01

    Greenhouse gas reductions would cost some nations much more than others and benefit some nations far less than others. Significant reductions would impose especially large costs on the United States, and recent projections suggest that the United States has relatively less to lose from climate change. In these circumstances, what does justice require the United States to do? Many people believe that the United States is required to reduce its greenhouse gas emissions beyond the point that is ...

  8. 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...

  9. 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...

  10. 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

  11. 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.

  12. 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 ...

  13. 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...

  14. 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.

  15. 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.

  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. 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

  19. 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

  20. 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…

  1. 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 ...

  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. 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; ...

  4. 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,…

  5. Where Human Rights Meet Administrative Law: Essential Elements and Limits to Delegation: European Court of Justice, Grand Chamber C-355/10: European Parliament v. Council of the European Union

    NARCIS (Netherlands)

    den Heijer, M.; Tauschinsky, E.

    2013-01-01

    Case C-355/10 deals with institutional questions and with the delicate issue of intercepting migrants at sea, and thus with fundamental rights. The European Parliament had sought the annulment of a decision of the Council, adopted under the regulatory procedure with scrutiny (PRAC), on the grounds

  6. Justice in Cyberwar

    Directory of Open Access Journals (Sweden)

    Klaus-Gerd Giesen

    2014-06-01

    Full Text Available http://dx.doi.org/10.5007/1677-2954.2014v13n1p27 The text aims at providing an ethical framework for cyber warfare. The latter is changing our understanding of war (and peace as well as the relationship between the human being and the machine. Rejecting Heidegger’s fatalistic stance towards technology it is argued that norms of international justice should be formulated in order to attempt to regulate this new military dimension. The potentially considerable destructive force of cyberweapon systems for civilian infrastructure is emphasized, especially as far as the « Internet of Things » (all physical objects connected to the Internet is concerned. In a foreseeable future cyberwar operations may kill many civilians. After defining the concept of cyberwar and explainig why it is a new and important moral issue, the paper heavily relies on just war ethics in order to reach norms for justice in cyberwar. It is shown that Immanuel Kant has not just been a philosopher of (perpetual peace, but (in the Metaphysics of Morals also a just war theorist who developed his normative framework in a fruitful dialog with Aquinas (against Vitoria and Suarez. His norms for jus ad bellum and jus in bello are carefully and critically applied to cyberwar. However, Kant’s major innovation in just war theory has been the concept of jus post bellum. The paper demonstrates how important this dimension of justice is in cyberwar, and how to apply it, including through recommendations for a treaty in international law.

  7. Biomedical enhancements as justice.

    Science.gov (United States)

    Nam, Jeesoo

    2015-02-01

    Biomedical enhancements, the applications of medical technology to make better those who are neither ill nor deficient, have made great strides in the past few decades. Using Amartya Sen's capability approach as my framework, I argue in this article that far from being simply permissible, we have a prima facie moral obligation to use these new developments for the end goal of promoting social justice. In terms of both range and magnitude, the use of biomedical enhancements will mark a radical advance in how we compensate the most disadvantaged members of society. © 2013 John Wiley & Sons Ltd.

  8. 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...

  9. SOCIAL JUSTICE FOR DISABLED PEOPLE

    Directory of Open Access Journals (Sweden)

    Nazire Diker

    2013-07-01

    Full Text Available This paper aims to question the living conditions of disabled people in the 21st century from  the framework of social justice. The concept of “social justice” has a long history, influenced  by the works of numerous writers including Rawls (1971, Miller (1999, Reeves (2005, Fainstein (2009, Marcuse (2009 and Harvey (1992, 2009 and by the recent debates on  inequality, diversity, segregation, exclusion, and discrimination. The debates on segregation, exclusion and discrimination are generally focused on inequalities in terms of economic,  ethnic and gender dimensions; however, in these debates, there is very little reference to unequal opportunities of disabled people. On the other hand, the diversity issue is generally discussed with respect to ethnic and cultural elements, again with very little concern for the  rights of disabled people. In many developing countries, including Turkey, a legal framework  for addressing disability issues has started to be put in place. Awareness among governments and society of the needs and rights of people with disabilities is growing. In the  last decade in Turkey, the difficulties faced by disabled people have started to be taken into  consideration seriously. Before that, the only information about the disabled population could  be obtained from General Population Census in Turkey. In 2002 “Turkey Disability Survey” was carried out collectively by the State Institute of Statistics and the Presidency of  Administration on Disabled People. In this survey, it has been targeted to estimate the number of disabled people and comprehend their socio-economic characteristics, their  problems in social life, expectations, types and causes of disability, regional differences and also the proportion of population having chronic illnesses. After this survey, many projects  have started to be realized in order to propose strategies for eliminating discrimination in  Turkey. In this paper, we will

  10. 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.

  11. 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 ...

  12. 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

  13. 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…

  14. 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…

  15. 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…

  16. CIVIL JUSTICE IN SOUTH AFRICA

    Directory of Open Access Journals (Sweden)

    D. Van Loggerenberg

    2016-01-01

    Full Text Available The South African adversarial system of civil procedure in the High Court owes its origin to that of England. As with all civil procedural systems, the South African system is not stagnant. Its primary sources, namely Acts of Parliament and rules of court, are constantly amended in an attempt to meet the changing needs of society. Court delay and costinefficient procedural mechanisms, however, contribute to public dismay. The High Court, in the exercise of its inherent power to regulate its process, do so with the purpose of enhancing access to justice. The advantage of the system lies in the fact that it is not cast in stone but could, subject to the Constitution of the Republic of South Africa, 1996, be developed to make it more accessible to the public whilst protecting the public’s fundamental rights entrenched in the Constitution and, in this regard, particularly the right to afair trial embedded in sec. 34 of the Constitution. This contribution gives an overview of the system with reference to the court structure, the judiciary, the process in the High Court and its underlying principles, appeals, class actions and alternative civil dispute resolution mechanisms.

  17. Comparative Supreme Justice

    Directory of Open Access Journals (Sweden)

    Ditlev Tamm

    2011-12-01

    Full Text Available This article deals with the great variety of Supreme Courts in the world today and presents some selected courts. Supreme Courts are found in most countries both as only apex courts or in a courts’ system where also supreme administrative courts or constitutional courts are found. The starting point is the variation of supreme justice in the Nordic countries where one apex court is the system of Denmark and Norway whereas administrative courts are found in Sweden and Finland. Constitutional courts stem from the European tradition and are most abundant in Europe and in countries with a civil law system but especially in Africa they are also found in common law countries. Mexico is mentioned as a specific example of a Supreme Court that has taken upon itself to be a main player in the endeavour to communicate the law to a general audience. The article is a presentation with samples of what is going to be a project on comparative supreme justice in which the position of supreme courts in the various states, the recruitment scheme and competence of the courts and other such factors will be analyzed on a global basis.

  18. A maximum entropy method to compute the 13NH3 pulmonary transit time from right to left ventricle in cardiac PET studies

    DEFF Research Database (Denmark)

    Steenstrup, Stig; Hove, Jens D; Kofoed, Klaus

    2002-01-01

    The distribution function of pulmonary transit times (fPTTs) contains information on the transit time of blood through the lungs and the dispersion in transit times. Most of the previous studies have used specific functional forms with adjustable parameters to characterize the fPTT. It is the pur......, we were able to accurately identify a two-peaked transfer function, which may theoretically be seen in patients with pulmonary disease confined to one lung. Transit time values for [13N]-ammonia were produced by applying the algorithm to PET studies from normal volunteers....

  19. 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 ‘real’ social assistance institutions emerging in developing countries. PMID:27708544

  20. 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.

  1. 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.

  2. 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.

  3. Organization, relational justice and absenteeism.

    Science.gov (United States)

    Stoetzer, Ulrich; Åborg, 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.

  4. 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.

  5. Right patient, Right blood

    DEFF Research Database (Denmark)

    Selberg, Hanne; Madsen, Trine Stougaard

    2014-01-01

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

  6. Nonadiabatic ionic--covalent transitions. Exponential-linear model for the charge exchange and neutralization reactions Na+H arrow-right-left Na++H-

    International Nuclear Information System (INIS)

    Errea, L.F.; Mendez, L.; Mo, O.; Riera, A.

    1986-01-01

    A previous study of charge exchange processes taking place through ionic--covalent transitions is extended to the case of Na+H and Na + +H - collisions. A five-state molecular expansion, with the inclusion of two-electron translation factors, is employed to calculate the charge exchange and neutralization cross sections. Transitions at the first two pseudocrossings between the energy curves, practically determine the cross sections in the energy range 0.16--5 keV amu -1 . We also show that the widely used multichannel Landau--Zener theory is totally inadequate, to treat these transitions

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

    African Journals Online (AJOL)

    In some important dictionaries for the study of the New Testament, δικαιοσύνη 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 ...

  8. 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...

  9. 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)

  10. Organizational Justice Perception According to Generations

    Directory of Open Access Journals (Sweden)

    Zeki YÜKSEKBİLGİLİ

    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

  11. 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.

  12. Allegheny County Environmental Justice Areas

    Data.gov (United States)

    Allegheny County / City of Pittsburgh / Western PA Regional Data Center — Environmental Justice areas in this guide have been defined by the Pennsylvania Department of Environmental Protection. The Department defines an environmental...

  13. 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.

  14. 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...

  15. 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...

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. 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…

  5. 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 ...

  6. 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…

  7. 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…

  8. Representing Human Rights Violations in Darfur: Global Justice, National Distinctions.

    Science.gov (United States)

    Savelsberg, Joachim J; Brehm, Hollie Nyseth

    2015-09-01

    This article examines how international judicial interventions in mass atrocity influence representations of violence. It relies on content analysis of 3,387 articles and opinion pieces in leading newspapers from eight Western countries, compiled into the Darfur Media Dataset, as well as in-depth interviews to assess how media frame violence in the Darfur region of Sudan. Overall, it finds that UN Security Council and International Criminal Court interventions increase representations of mass violence as crime in all countries under investigation, although each country applies the crime frame at a different level. Reporting suffering and categorizing the violence as genocide also varies across countries. Comparative case studies identify country specific structural and cultural forces that appear to account for these differences. Multilevel multivariate analyses confirm the explanatory power of cultural sensitivities and policy practices, while individual-and organization-level factors, such as reporters' gender and the newspapers' ideological orientation, also have explanatory power.

  9. Understanding Impunity : the Right to Truth, Justice and Reparation ...

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

    Le CRDI lance un nouveau projet dans la région de l'ANASE. L'honorable Chrystia Freeland, ministre du Commerce international, a annoncé le lancement d'un nouveau projet financé par le Centre de recherches pour le développement international (CRDI). Voir davantageLe CRDI lance un nouveau projet dans la région ...

  10. Whether administration of justice is exceptionally only a human right?

    OpenAIRE

    Sapetkaitė, Gabrielė

    2017-01-01

    Šio darbo tikslas yra aptarti teisingumo vykdymą kaip tradicinę žmogaus teisę, dirbtinio intelekto sistemų poveikį teisės srityje bei pateikti galimus žmogaus teisės vykdyti teisingumą reguliavimo sprendimus dirbtinio intelekto sistemų kontekste. Darbo objektas yra – žmogaus teisė vykdyti teisingumą. Magistro darbu yra siekiama paanalizuoti mokslinę problemą ir atsakyti į klausimą ar teisingumo vykdymas yra išimtinai tik žmogaus teisė? Siekiant atsakyti į šį klausimą darbe yra pateikiami užsi...

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

    African Journals Online (AJOL)

    involved an introduction to specific visual art curricular intervention projects which required .... prioritize other principles such as respect for authority.”2. To support the notion ... liberating and enabling educational environment. .... image addresses the danger of rampant pollution in a fragile natural world, symbolized by the.

  12. 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.

  13. 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.

  14. 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 ...

  15. 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.

  16. 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.

  17. 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...

  18. A broader view of justice.

    Science.gov (United States)

    Jecker, Nancy S

    2008-10-01

    In this paper I argue that a narrow view of justice dominates the bioethics literature. I urge a broader view. As bioethicists, we often conceive of justice using a medical model. This model focuses attention at a particular point in time, namely, when someone who is already sick seeks access to scarce or expensive services. A medical model asks how we can fairly distribute those services. The broader view I endorse requires looking upstream, and asking how disease and suffering came about. In contrast to a medical model, a social model of justice considers how social determinants affect the health of a population. For example, social factors such as access to clean drinking water, education, safe workplaces, and police protection, profoundly affect risk for disease and early death. I examine one important social determinant of health, health care coverage, to show the limits of a medical model and the merits of a broader view.

  19. Sobre armadilhas e cascas de banana: uma análise crítica da administração de Justiça em temas associados aos Direitos Humanos About traps and other slippery questions: a critical analysis of the administration of Justice in themes of Human Rights

    Directory of Open Access Journals (Sweden)

    Marina Pereira Pires de Oliveira

    2008-12-01

    Full Text Available Com base no inteiro teor de sentenças condenatórias de tráfico de pessoas no Brasil, concedidas entre 2003 e o início de 2008, com base nos artigos 231 e 231-A do Código Penal, o artigo analisa o tratamento dado pelo Sistema de Justiça ao tema. A análise busca comparar o conceito internacional, consagrado na definição dada pelo Protocolo Adicional à Convenção das Nações Unidas contra o Crime Organizado Transnacional relativo à Prevenção, Repressão e Punição do Tráfico de Pessoas, em especial Mulheres e crianças, mais conhecido como Protocolo de Palermo, à idéia contida na normativa nacional. O objetivo maior da análise é buscar responder se é possível transformar grandes temas de Direitos Humanos em políticas públicas que efetivamente respondam aos interesses daqueles que pretendem proteger.Based on the full text of condemnatory sentences for human trafficking, issued by Brazilian courts between 2003 and the beginning of 2008, for articles 231 and 231-A of the national Penal Code, the article analyzes how the theme is seen by the Justice System. The analysis strives to compare the international concept contained in the definition of the United Nations Additional Protocol to the Convention Against Transnational Organized Crime to Prevent, Supress and Punish Human Trafficking, specially of women and children, better known as the Palermo Protocol, with the ideas contained in the national law. The greater objective of the analysis is to answer if it is possible to transform great themes of Human Rights into public policy that effectively responds to the interest of those groups they aim to protect.

  20. 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.

  1. 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)

  2. 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...

  3. 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.

  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. 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...

  6. El impacto de la educación de la justicia criminal en el clima político-socio-económico de naciones de transición y desarrollo/The impact of the education of criminal justice in the socio–economic-politic climate of countries in transition and development

    Directory of Open Access Journals (Sweden)

    Chris Eskridge (Estados Unidos de América

    2014-01-01

    Full Text Available Se propone que los esfuerzos sean emprendidos para desarrollar los departamentos académicos de la Criminología y justicia criminal dentro de los sistemas educativos más altos de naciones desarrolladas y de transición. Es mi proposición que en tiempo, este plan estratégico reducirá el alcance y la extensión de la corrupción en estas naciones y moverá generalmente el crimen en un contexto más manejable. Esto en cambio rendirá una oportunidad aumentada para tales naciones como asegurar la inversión externa, darse cuenta de la estabilidad económica aumentada, y participar eventualmente en un grado más grande en la economía del mercado global. It is proposed that efforts be undertaken to develop the academic departments of Criminology and criminal justice within educational systems highest of developed nations and transition. It is my proposition that in time, this strategic plan will reduce the scope and extent of corruption in these Nations and generally move the crime in a more manageable context. This will instead pay a chance increased to such Nations as ensuring foreign investment, realizing increased economic stability, and eventually participate in a larger extent in the global market economy.

  7. 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...

  8. 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…

  9. 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

  10. 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.

  11. How does the use of “culture” and “tradition” shape the women’s rights discourse in transitional Serbia?

    Directory of Open Access Journals (Sweden)

    Petrovski Sara

    2016-01-01

    Full Text Available Although social anthropologists have mostly abandoned the essentialist view of “culture” and “tradition”, these static notions are still frequently used in Serbian public discourse regarding women’s rights. I believe that analysing the production of cultural meaning and knowledge among different social actors and the state is important when exploring the implementation, transformation and protection of women’s rights at a local level. In this article, I shall investigate how “culture” and “tradition” are being constructed and used by certain right wing groups, political leaders, intellectuals and by the Serbian Orthodox Church. On one side, arguments of “culture” and “tradition” are used in order to “preserve the national identity” and save it from “imposed Western norms” and “Western imperialism”, while on the other, they are used to explain the cultural obstacles regarding the effective protection of women’s rights. “Tradition”, often constructed as a linear project of inherited “cultural” and “moral” values and practices, stands in opposition to the EU; therefore, it calls to be nurtured and protected or changed and abandoned. Consequently, I see women rights issues trapped into a pro-EU or against EU, pro-traditional values or pro-liberal values discourse. I conclude that women rights in Serbia are and probably will be affected more by the use and abuse of different concepts of “culture” and “tradition”.

  12. Juvenile Justice: A Bibliographic Essay.

    Science.gov (United States)

    Kondak, Ann

    1979-01-01

    Provides information on the background and legal framework of the juvenile justice system, the issues that confront it, and the pressures for change, as well as noting some sources of information on the system. Available from American Association of Law Libraries, 53 West Jackson Blvd., Suite 1201, Chicago, Illinois 60604; sc $4.00. (Author/IRT)

  13. Current Issues and Distributive Justice.

    Science.gov (United States)

    Rosal, Lorenca Consuelo

    1992-01-01

    Provides a lesson plan on the issue of distributive justice, or fairness in the ways things are distributed among individuals and groups. Includes a student reading concerning a proposed guaranteed standard of living. Proposes an activity that calls for student discussion of a constitutional amendment that would offer such a guarantee. (SG)

  14. Autonomy, Vulnerability, Recognition, and Justice

    NARCIS (Netherlands)

    Anderson, J.H.; Honneth, A.

    2005-01-01

    One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life,

  15. Flaunting It for Social Justice

    Science.gov (United States)

    Jackson, Janna

    2010-01-01

    By examining various movements in education in "Flaunt It! Queers Organizing for Public Education and Justice," Quinn and Meiners show a systematic and intentional "straightening" of American public schools. Throughout the book, the authors explore how various public and private realms operate to try to silence queer voices, and they discuss ways…

  16. Bodies, Pollution, and Environmental Justice

    Science.gov (United States)

    Sze, Julie

    2006-01-01

    The field of American Studies explores the cultures and practices of individuals and communities in the United States, as well as their transnational exchanges and impacts. It is an interdisciplinary field that is based on making "connections." Environmental justice, as a social movement, also makes important connections. It integrates…

  17. Terrorism, forgiveness and restorative justice

    NARCIS (Netherlands)

    Pemberton, A.

    2014-01-01

    This paper is intended to enhance understanding of the complexities of restorative justice in cases of terrorism from a victimological perspective. It does so first by analysing what separates terrorism from other forms of crime. The author argues that the main distinction concerns the peculiarly

  18. Cultural Cleavage and Criminal Justice.

    Science.gov (United States)

    Scheingold, Stuart A.

    1978-01-01

    Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

  19. What is Justice for Juveniles?

    Science.gov (United States)

    Rothwell, Jennifer Truran

    1997-01-01

    Provides background information and related learning activities for three areas of inquiry involving youth and violence: (1) "Evolution of the Juvenile Justice System"; (2) "The Literature of Crime and Poverty"; (3) "Youth Crime and Public Policy." Includes a list of six recommended Web sites. (MJP)

  20. Two Ideals of Educational Justice

    Science.gov (United States)

    Stillwaggon, James

    2016-01-01

    Background/Context: This essay takes up McClintock's (2004) critique of educational discourses as overly dependent upon a distributive model of justice and largely ignorant of the formative assumptions that ground educational policy and practice. Purpose/Objective/Research Question/Focus of Study: The question that McClintock's analysis begs is…

  1. Climate change, responsibility, and justice.

    Science.gov (United States)

    Jamieson, Dale

    2010-09-01

    In this paper I make the following claims. In order to see anthropogenic climate change as clearly involving moral wrongs and global injustices, we will have to revise some central concepts in these domains. Moreover, climate change threatens another value ("respect for nature") that cannot easily be taken up by concerns of global justice or moral responsibility.

  2. Peace through agrarian justice

    NARCIS (Netherlands)

    Richards, P.; Bah, K.

    2005-01-01

    Postwar countries in Africa are among the poorest. In the countries of the Mano River region (Liberia, Sierra Leone) agrarian injustice emerges as a major cause of both poverty and conflict. Serious efforts are needed to improve the labour, land and property rights of rural women and young people if

  3. THE RESALE RIGHT

    Directory of Open Access Journals (Sweden)

    Ana-Maria MARINESCU

    2017-05-01

    Full Text Available The article analyses one of the most important rights of the authors of original works of art namely: the resale right. It will be analyzed the subject matter of the resale right, the works of art to which the resale right relates, the rates applicable to the resale right, the persons entitled to receive royalties, the term of protection of the resale right, third-country nationals entitled to receive royalties and the right to obtain information. Also, the article will refer to the EU Directive in the field: Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art. It will be the subject of the article, also, the European Court of Justice jurisprudence related to the resale right, for example the judgment in the case C-518/08 (VEGAP vs. ADAGP, underlying that, in the light of the objectives pursued by Directive 2001/84, Member States may make their own legislative choice in determining the categories of persons capable of benefiting from the resale right after the death of the author of a work of art. One of parts of the article, will analyses the collective management for the resale right, especially: the terms of the collective management, forms of the collective management and examples. For all the above mentioned reasons, the article will refer to the main aspects of the resale right in a comprehensive manner and will analyses in a scientifically manner this very important right of the authors of original works of art.

  4. 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.

  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. 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…

  7. 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

  8. 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...

  9. Health and human rights in eastern Myanmar prior to political transition: a population-based assessment using multistaged household cluster sampling.

    Science.gov (United States)

    Parmar, Parveen K; Benjamin-Chung, Jade; Smith, Linda S; Htoo, Saw Nay; Laeng, Sai; Lwin, Aye; Mahn, Mahn; Maung, Cynthia; Reh, Daniel; Shwe Oo, Eh Kalu; Lee, Thomas; Richards, Adam K

    2014-05-05

    Myanmar/Burma has received increased development and humanitarian assistance since the election in November 2010. Monitoring the impact of foreign assistance and economic development on health and human rights requires knowledge of pre-election conditions. From October 2008-January 2009, community-based organizations conducted household surveys using three-stage cluster sampling in Shan, Kayin, Bago, Kayah, Mon and Tanintharyi areas of Myanmar. Data was collected from 5,592 heads of household on household demographics, reproductive health, diarrhea, births, deaths, malaria, and acute malnutrition of children 6-59 months and women aged 15-49 years. A human rights focused survey module evaluated human rights violations (HRVs) experienced by household members during the previous year. Estimated infant and under-five rates were 77 (95% CI 56 to 98) and 139 (95% CI 107 to 171) deaths per 1,000 live births; and the crude mortality rate was 13 (95% CI 11 to 15) deaths per thousand persons. The leading respondent-reported cause of death was malaria, followed by acute respiratory infection and diarrhea, causing 21.2% (95% CI 16.5 to 25.8), 16.6% (95% CI 11.8 to 21.4), and 12.3% (95% CI 8.7 to 15.8), respectively. Over a third of households suffered at least one human rights violation in the preceding year (36.2%; 30.7 to 41.7). Household exposure to forced labor increased risk of death among infants (rate ratio (RR) = 2.2; 95% CI 1.1 to 4.4) and children under five (RR = 2.1; 95% CI 1.3 to 3.6). The proportion of children suffering from moderate to severe acute malnutrition was higher among households that were displaced (prevalence ratio (PR) = 3.3; 95% CI 1.9 to 5.6). Prior to the 2010 election, populations of eastern Myanmar experienced high rates of disease and death and high rates of HRVs. These population-based data provide a baseline that can be used to monitor national and international efforts to improve the health and human rights situation in the

  10. 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

  11. 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.

  12. 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.

  13. 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/.

  14. 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.

  15. 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 ...

  16. Social Justice : Perspectives from Uganda

    OpenAIRE

    2013-01-01

    SOCIAL JUSTICE, HEALTH AND POVERTY IN UGANDA John Barugahare Injustice in Uganda manifests in many ways. One most serious, yet least discussed social injustice, is inequity in Health. Although there are two equally important aims of health systems – efficiency and equity, in Uganda too much focus has been on ensuring efficiency and as a consequence concerns of equity have been relegated. Ultimately, health policy in Uganda has disproportionately negatively affected the poor’s livelihoods in g...

  17. Basic Military Justice Handbook. Revision

    Science.gov (United States)

    1989-01-01

    unmistakable odor of burning marijuana outside the accused’s barracks room, acted correctly when he demanded entry to the room and placed all occupants under...conspirator in furtherance of the conspiracy to be the act of all the conspirators. Suppose, therefore, that A and B agree to burn down the Naval Justice...September 19CY, without authority, fail to go at the time precribed to his appointed place of duty, to wit: the 0600 restricted muster on the fantail. (2

  18. 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.

  19. 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...

  20. 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.

  1. Rawlsian Justice and Palliative Care

    DEFF Research Database (Denmark)

    Knight, Carl; Albertsen, Andreas

    2015-01-01

    Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcar...... to provide pain relief to those who need it as a supplement to treatment and, without justice-based reasons to provide palliative care to those whose opportunities cannot be restored. We conclude that this makes Daniels' framework much less attractive.......Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcare....... We argue that one prominent approach, the Rawlsian approach developed by Norman Daniels, is unable to provide such reasons and such care. This is because of a central feature in Daniels' account, namely that care should be provided to restore people's opportunities. Daniels' view is both unable...

  2. Food justice and Christian ethics

    Directory of Open Access Journals (Sweden)

    Heinrich Bedford-Strohm

    2012-12-01

    Full Text Available The article dealt with the moral and political problem of international food justice in which the deep contradiction between the present situation of malnourishment and starvation in large parts of the global population on the one hand and the biblical notion of the preferential option for the poor on the other hand was described. This ecumenically widely accepted notion was clarified in several aspects. How deeply this is rooted in the history of Christian social thought was shown by Martin Luther�s writings on the economy which have remained relatively unknown in the churches and in the scholarly world. The article then presented three models of Christian economic ethic: the technical economic model, the utopian economic model and the public theological economic model. On the basis of the public theological model seven challenges for international food justice were presented. The basis for these challenges is an understanding of globalisation which guarantees just participation for everyone and deals with nature in an ecologically sustainable way. The interests of small farmers are the basis for judging the activities of big agro-corporations. Public theology is the background for an active involvement of the churches as agents of a global civil society to promote international food justice.

  3. 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.

  4. 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...

  5. Legal Decisions, Affective Justice and 'Moving On'?

    Directory of Open Access Journals (Sweden)

    Agata Fijalkowski

    2017-06-01

    Full Text Available Our paper argues that a move away from the linear approach adopted in transitional justice scholarship is required to the question of ‘moving on’, understood as the way in which a post-dictatorial or a post-conflict regime addresses the past injustices of the predecessor regime. We consider this question in relation to two case studies: post-dictatorial Albania and post-conflict Sierra Leone. Both examples point to important factors that underpin the meanings of ‘moving on’ and of justice, when analysed through a law and aesthetics lens. It has long been established that legal scholarship that makes use of works of art aids and clarifies the points that it wants to make. We examine the power of certain art forms, namely the way in which space ‘speaks’ and the narratives found in an image in the Albanian context, and the use of film to provide a deeper appreciation of the conflict in the Sierra Leonean context. Different aesthetic practices have been used as a way to respond to historical injustice and mass atrocity, also when partial justice (through the law has been achieved. Our article argues that law’s limitations can be understood through the process of unravelling the pieces of the puzzle that make up affective justice. Artistic representation allows for a more complex narration than law’s linear demands. Este artículo defiende que para poder “avanzar”, es necesario un alejamiento del enfoque lineal adoptado por los académicos expertos en justicia transicional, entendida ésta como la forma en la que un régimen aborda, después de una dictadura o un conflicto, injusticias perpetradas durante el régimen anterior. Se considera esta cuestión en relación con dos estudios de caso: Albania después de una dictadura, y Sierra Leona después de un conflicto. Ambos ejemplos apuntan factores importantes que sustentan los significados de “avanzar” y de justicia, cuando se analizan a través de la lente del derecho y la

  6. 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.

  7. 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...

  8. 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…

  9. 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.

  10. 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.

  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. 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.

  13. 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: ► Among all policy fields exhibiting global externalities, energy stands out. ► It is characterized by greater complexity, higher costs, and stronger path dependency. ► This is at odds with key challenges relating to security, justice, and transition. ► Problems are particularly related to unclear levels of authority and weak resilience. ► Energy scholarship needs to focus further on these issues.

  14. A legitimação moral dos direitos humanos: uma análise dos princípios de justiça de John Rawls / The moral legitimation of human rights: an analysis on John Rawls’ principles of justice

    Directory of Open Access Journals (Sweden)

    Ana Paula Barbosa-Fohrmann

    2011-12-01

    Full Text Available Resumo Este artigo analisará, em primeiro lugar, o significado kantiano de legitimação e a sua distinção em relação à legitimidade. Num segundo momento, tratará de aspectos centrais da teoria de John Rawls, o qual influenciado por Kant, Locke e Rousseau, construiu uma teoria universalista e procedimental baseada em princípios morais de justiça. Por fim, serão ainda apresentadas algumas críticas à teoria rawlsiana. Palavras-chave: legitimação; teoria da justiça; elementos estruturadores; princípios morais de justiça; críticas à teoria rawlsiana. Abstract This paper will examine, first, the Kantian notion of legitimation, and the distinction between legitimation and legitimacy. Secondly, it will address some key aspects of John Rawls’ theory, who influenced by Kant, Locke and Rousseau, built a universal and proceduralist theory grounded on the moral principles of justice. Finally, some critics on Rawlsian theory will be also presented. Keywords: legitimacy; a theory of justice; structuring elements; the moral principles of justice; critics on Rawlsian theory.  

  15. Les artisans de la paix au sein des sociétés en transition | IDRC ...

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

    The Justice Project in South Asia. As countries in South Asia move toward greater economic integration, a range of interconnected challenges to constitutional and human rights guarantees are emerging. View moreThe Justice Project in South Asia ...

  16. 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.

  17. 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...

  18. 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.

  19. 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…

  20. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen

    Studies of land property rights usually focus on tenure security and transfer rights. Rights to determine how to use the land are regularly ignored. However, in transition economies such as Vietnam and China, user rights are often limited. Relying on a unique Vietnamese panel data set at both...... household and plot level, we show that crop choice restrictions are widespread and prevent crop diversification. Restrictions do not decrease household income, but restricted households work harder, and there are indications that they are supplied with higher quality inputs. Our findings are consistent...

  1. 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

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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....

  8. The Politics of European Human Rights Culture

    Czech Academy of Sciences Publication Activity Database

    Agha, Petr

    2017-01-01

    Roč. 7, č. 3 (2017), s. 200-215 ISSN 1805-8396 R&D Projects: GA ČR 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

  9. OVERVIEW OF RUSSIAN CIVIL JUSTICE

    Directory of Open Access Journals (Sweden)

    D. Maleshin

    2016-01-01

    Full Text Available Contemporary Russian civil procedure is not a pure Continental model because it also has procedural features of the common law system, as well as some other original and exceptional features. This article examines the main aspects of Russian civil justice: its main principles; judicial organization, including the structure of the courts and the division between courts of general jurisdiction and arbitrazh (commercial courts, and the Intellectual Property Court; sources of procedural law; bar organization; the jurisdiction of the courts; actions and proceedings; legal costs; evidence; administrative procedure; class actions; enforcement proceedings; and arbitration and mediation.

  10. Justice Department Airline Merger Policy

    Science.gov (United States)

    Farmer, D. A.

    1972-01-01

    Justice Department airline merger policy is developed within the context of the Federal Aviation Act, in which there is an unusually explicit reliance on competition as a means of fulfilling statutory goals. The economics of the airline industry appear to indicate that low concentration and vigorous competition are particularly viable and desirable. Several factors, including existing regulatory policy, create incentives for airlines to merge whether or not an individual merger promotes or conflicts with the public interest. Specific benefits to the public should be identified and shown to clearly outweight the detriments, including adverse competitive impact, in order for airline mergers to be approved.

  11. The Right to be Forgotten

    DEFF Research Database (Denmark)

    Jones, Meg Leta; Jones, Elisabeth; Zeide, Elena

    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 received...... 239,337 requests to eliminate 867,930 URLs from search results and has removed 305,095 URLs, a rate of 41.5 percent. The right to be forgotten is intended to legally address digital information that lingers and threatens to shackle individuals to their past by exposing the information to opaque data...... processing and online judgment. There are a number of challenges to developing these rights – digital information means and touches so many aspects of life across cultures as they grapple with new policies. The controversial ruling and establishment of such a right, potential for a similar movement in the U...

  12. 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

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

    OpenAIRE

    Lima-Nunes, Aline; Pereira, Cícero 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 ...

  14. 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.

  15. 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.

  16. 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.

  17. 77 FR 70473 - Office of Juvenile Justice and Delinquency Prevention; Agency Information Collection Activities...

    Science.gov (United States)

    2012-11-26

    ... DEPARTMENT OF JUSTICE [OMB Number 1121-0218] Office of Juvenile Justice and Delinquency Prevention... Justice (DOJ), Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, will be... Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice, 810 Seventh...

  18. 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 ...

  19. 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 ...

  20. Money as Justice: The Case of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Alma Begicevic

    2016-09-01

    Full Text Available If reparations are universally accepted as a victims’ right to remedy, included in numerous international law instruments, why is it then that victims are unable to access it? By taking a socio-legal approach to the problem of post-war monetary reparation, the study examines the nexus between money, justice and recognition. At a normative level the study examines how reparations are conceptualized and their meaning in post-conflict transition. At a procedural level it identifies obstacles and gaps in the national, regional and international legal architecture and at an empirical level it investigates people’s experiences in regards to accessing monetary reparations. The study considers the meaning of money in post-war reparation and state transformative processes and significance of civil law in addressing serious violations of human rights and gross violations of humanitarian law. Si universalmente se acepta que las reparaciones son un derecho de las víctimas a obtener una compensación, recogido en numerosos instrumentos de derecho internacional, ¿por qué las víctimas no son capaces de acceder a él? Este artículo analiza la relación entre dinero, justicia y reconocimiento a partir de un enfoque sociojurídico de la reparación económica de posguerra. A nivel normativo, el estudio examina cómo se conceptualizan las reparaciones y cuál es su significado en la transición post-conflicto. En nivel procesal, identifica obstáculos y lagunas en la arquitectura legal nacional, regional e internacional, y a nivel empírico, investiga las experiencias de las personas en el acceso a reparaciones económicas. El estudio tiene en cuenta el significado del dinero en las reparaciones de posguerra y los procesos de transformación del estado y el significado del derecho civil al abordar violaciones serias de los derechos humanos y graves violaciones del derecho humanitario.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2831415

  1. Formative Justice: The Regulative Principle of Education

    Science.gov (United States)

    McClintock, Robert

    2016-01-01

    Background/Context: Concepts of justice relevant to making personal and public decisions about education. Purpose: To clarify a concept of formative justice that persons and the public often ignore in making decisions about educational effort. Setting: "The windmills of your mind" Research Design: Reflective essay.…

  2. 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…

  3. Christian Social Justice Advocate: Contradiction or Legacy?

    Science.gov (United States)

    Edwards, Cher N.

    2012-01-01

    In this article, the relationship between Christian religiosity and the principles of social justice is explored, including the sociopolitical aspects of faith and advocacy. A particular emphasis is placed on the historical legacy and theological relationships between Christianity and social justice. The author concludes with a call for…

  4. 25 CFR 11.435 - Obstructing justice.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Obstructing justice. 11.435 Section 11.435 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.435 Obstructing justice. A person commits a misdemeanor if, with...

  5. Social Justice Advocacy in Graduate Teacher Education

    Science.gov (United States)

    Hoyle, Amy Gratch

    2018-01-01

    This article includes a description and analysis of a graduate teacher education course designed to engage teachers in taking action for social justice. In the course, students participate in a community of learners in which they examine their cultural identities and engage in social justice advocacy work. Students developed content knowledge and…

  6. Conceptualizing Learning in the Climate Justice Movement

    Science.gov (United States)

    Kluttz, Jenalee; Walter, Pierre

    2018-01-01

    This article extends Scandrett et al.'s conceptual framework for social movement learning to understand learning and knowledge creation in the climate justice movement. Drawing on radical pluralist theoretical approaches to social movement learning, learning in the climate justice movement is conceptualized at the micro, meso, and macro levels,…

  7. 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...

  8. 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…

  9. 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.

  10. Social Justice Leadership and Inclusion: A Genealogy

    Science.gov (United States)

    Lewis, Katherine

    2016-01-01

    The purpose of this article is to engage in an historical analysis of research about two concepts: social justice leadership and leadership for inclusion. Recent experiences have caused me to wonder about our interpretations of justice, equity, and inclusion. Analysis of the relevant literature revealed a lack of consensus among scholars as to a…

  11. Using the Juvenile Justice Poster. Teaching Strategy.

    Science.gov (United States)

    Update on Law-Related Education, 2000

    2000-01-01

    Presents a lesson that can help students review and summarize what they have learned about the juvenile justice system. Explains that the students discuss how the juvenile justice system can be improved and conduct a survey on how it might be changed in the future. Provides a copy of the survey and directions. (CMK)

  12. Strategic Activism, Educational Leadership and Social Justice

    Science.gov (United States)

    Ryan, James

    2016-01-01

    This article describes the strategic activism of educational leaders who promote social justice. Given the risks, educational leaders need to be strategic about the ways in which they pursue their activism. Citing current research, this article explores the ways in which leaders strategically pursue their social justice agendas within their own…

  13. Culturally Responsive Teaching: Implications for Educational Justice

    Science.gov (United States)

    Bassey, Magnus O.

    2016-01-01

    Educational justice is a major global challenge. In most underdeveloped countries, many students do not have access to education and in most advanced democracies, school attainment and success are still, to a large extent, dependent on a student's social background. However, it has often been argued that social justice is an essential part of…

  14. Educational Justice, Segregated Schooling and Vocational Education

    Science.gov (United States)

    Giesinger, Johannes

    2017-01-01

    The philosophical debate on educational justice currently focusses on the Anglo-American situation. This essay brings in an additional perspective. It provides a justice-oriented critique of the segregated education systems in German-speaking countries. First, arguments that are commonly put forward in favour of these systems are rejected. Second,…

  15. Economic globalisation and economic justice: Covenanting for ...

    African Journals Online (AJOL)

    The premise of this article is that ethical moral formation or 'covenanting for justice' leads to action. The covenanting church itself, in conjunction with other movements, works for justice in all areas of life. The article uses the six aspects of ethical moral formation of Heinz Tödt to analyse some aspects of economic ...

  16. Organizational Justice and Commitment in Interscholastic Sports

    Science.gov (United States)

    Whisenant, Warren

    2005-01-01

    The purpose of this study was to determine the effect of three organizational justice dimensions on the commitment of high school student athletes (N = 480) to continue playing a referent sport. The athletes were asked to complete an instrument designed to assess their perceived levels of justice displayed by their coaches in three justice…

  17. The Law of Peoples and Global Justice

    Czech Academy of Sciences Publication Activity Database

    Hrubec, Marek

    2010-01-01

    Roč. 20, č. 2 (2010), s. 135-150 ISSN 1210-3055 R&D Projects: GA MŠk(CZ) LC06013 Institutional research plan: CEZ:AV0Z90090514 Keywords : international justice * global justice * Rawls * recognition Subject RIV: AA - Philosophy ; Religion

  18. 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...

  19. 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

  20. Child poverty and environmental justice.

    Science.gov (United States)

    Hornberg, Claudia; Pauli, Andrea

    2007-10-01

    Child poverty and social inequality in Western countries are growing both in scope and in complexity. The clustering of income poverty in urban settings reflects the complex process of residential segregation. Living in segregated neighbourhoods with much poverty and predominantly substandard housing is usually associated with poor physical, chemical and social environmental living conditions at the individual and community level which influence and shape children's health both directly and indirectly. This paper shows research data on the link between child poverty and income-related health inequalities according to the unequal exposure to environmental hazards as well as the unequal distribution of environmental resources in the domestic environment and within the local context as an increasing public health issue in Germany. The links between these factors are drawn from the conceptual framework of environmental justice. Examples are shown of integrated approaches to alleviate social and environmental disparities at the community level. The implications of environmental justice for public health include the need to uncover the link between socioeconomic factors and environmental health disparities related to the man-made environment. Developing relevant indicators for environmental inequalities in the context of housing and health is an important task for public health research. More emphasis should be placed on a comprehensive holistic approach to understand the mechanisms by which socioeconomic factors modify children's susceptibility and exposure to environmental hazards, particularly in low-income areas.

  1. 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

  2. Judicial review and transitional justice: Reflective Judgment in three contexts

    Directory of Open Access Journals (Sweden)

    Mihaela Mihai

    2010-01-01

    Full Text Available Este artículo busca examinar las vías a través de las cuales las cortes de revisión constitucional han intentado discernir con sentimientos públicos dentro de sociedades emergentes de una situación de opresión y conflicto de alta escala. Un análisis comparativo de decisiones de revisión judicial de la Hungría post-comunista, de la Sudáfrica post-Apartheid y de la Argentina post- dictadura como casos que muestran como los jueces han, con mayor o menor éxito, reconocido y engranado pedagógicamente sentimientos sociales negativos de resentimiento e indignación hacia antiguos víctimarios y beneficiarios de violencia. Así, el artículo espera cimentar el camino para investigaciones de mayor envergadura sobre uno de las dimensiones más descuidadas de sociedades post-confictuales: la influencia pública.

  3. Transitional justice and peacebuilding in the Democratic Republic of ...

    African Journals Online (AJOL)

    Almost two decades ago, the Democratic Republic of the Congo (DRC) was confronted with a vicious cycle of internationalised armed conflicts in which between six and ten million people are estimated to have been killed. Those conflicts were resolved through peace agreements between the leaders of the warring parties ...

  4. Transitional Justice and the Rise of the Truth and Reconciliation ...

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

    Eastern Africa has experienced more than its fair share of violent conflict over the last two decades. Somalia and Sudan have just emerged from prolonged intrastate conflicts. Uganda still faces internal conflict in the North and Kenya has recently emerged from over two decades of dictatorship. These countries need to build ...

  5. Feminist theory, African gender history and transitional justice

    African Journals Online (AJOL)

    gendered historical consciousness of colonialism and the post-colonial state in. Africa. ..... took over the growing and marketing of crops which were formerly understood .... Black feminist thought: knowledge, consciousness, and the politics of.

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

    African Journals Online (AJOL)

    Originally from Canada, she married a Zimbabwean nationalist in exile in Zambia and ... been frequently subject to abuse by the police, including being beaten, arrested, incarcerated ... 'peace' and 'reconciliation' in the new Zimbabwe. ... the banking system, agricultural production, industry and mining, and even retailing, in ...

  7. Transitional justice and gender in Uganda: Making peace, failing ...

    African Journals Online (AJOL)

    to document women's experiences of the armed conflict in Uganda and women's .... Lobbying and advocacy to address structural inequalities and gendered .... women on the ground were asking us as a Coalition how the method would address .... comprehensive solutions): Women's concerns and the Juba peace process.

  8. Transitional justice: reconciling domestic amnesty with the universal ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 8, No 1 (2017) >. Log in or Register to get access to full text downloads.

  9. Transitional Justice and Commemorative Practices: Processes of Memorialisation in Chile

    NARCIS (Netherlands)

    Klep, K.F.M.

    2012-01-01

    The memorialisation of the Chilean military dictatorship (1973-1990) displays a dynamic polarisation, with Chileans strongly divided about the events of 11 September 1973, when the Chilean armed forces, led by General Augusto Pinochet, turned against democratically-elected President Salvador

  10. 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.

  11. 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

  12. 75 FR 19659 - Bureau of Justice Assistance; Agency Information Collection Activities: Proposed Collection...

    Science.gov (United States)

    2010-04-15

    ... Notice of Information Collection Under Review: New Collection Bureau of Justice Assistance Application Form: Federal Law Enforcement Officers Congressional Badge of Bravery. The Department of Justice... DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] Bureau of Justice...

  13. Whose Rights?

    DEFF Research Database (Denmark)

    Aktor, Mikael

    2016-01-01

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

  14. Righting wrongs and reforming rights.

    Science.gov (United States)

    Ivey, Laurie C

    2014-03-01

    Discusses issues faced by LGBT people, such as a lack of equal civil rights and the need for extra legal and financial protection for families because partners cannot be married. The author notes that, in our society, it is no longer acceptable to be racist, but it is still okay to be homophobic. The many campaigns against gay marriage and efforts in the legislature to prevent change toward equal civil rights and protections are prime examples. In our current political climate, two things are very clear: (a) homophobia is freely tolerated and (b) the times are changing as we inch closer to equal rights every day. We are "righting wrongs and reforming rights."

  15. 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 ...

  16. 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).

  17. Recourse right

    International Nuclear Information System (INIS)

    Lopes, M.R.M.

    1979-01-01

    The recourse right concerning nuclear power plants is analysed. It is emphasized that in the Brazilian civil liability legislation, the operator has this right against who admitted it through a written contract or against the individual who has acted or omitted to act whith the intent to provoke nuclear incidents. (A.L.S.L.) [pt

  18. Surface rights

    Directory of Open Access Journals (Sweden)

    Regina Célia Corrêa Landim

    2009-06-01

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

  19. 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).

  20. 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.