Between Civil Rights and Property Rights: Debating the Selective ...

African Journals Online (AJOL)

What is framed as political contestation today is a culmination of abuses of human rights, including political, civil, social and economic rights. Using a historical analysis, this article points out that there has been selective amnesia in Zimbabwe's human rights discourse, and argues for the equal treatment of civil and political ...

38 CFR 21.7310 - Civil rights.

Science.gov (United States)

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Civil rights. 21.7310... Bill-Active Duty) Administrative § 21.7310 Civil rights. (a) Delegation of authority concerning Federal... her jurisdiction. See part 18 of this chapter. These equal opportunity laws are: (1) Title VI, Civil...

7 CFR 250.21 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 4 2010-01-01 2010-01-01 false Civil rights. 250.21 Section 250.21 Agriculture... TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION General Operating Provisions § 250.21 Civil... Department's nondiscrimination regulations (7 CFR parts 15, 15a, and 15b) and the FNS civil rights...

Civil rights reference of administrative procedures

International Nuclear Information System (INIS)

Held, J.

1984-01-01

The book deals with the constitutional obligations which substantive civil rights demand from administrative procedures. The Federal Constitutional Court distinguishes between protection of civil rights in, and by, administrative and judicial procedures. The author analyses the example of the decision of the Federal Constitutional Court concerning the atomic power plant of Muelheim-Kaerlich. In the licensing procedure pursuant to the Atomic Energy Act, the civil rights of persons concerned are guaranteed by the governmental obligation to its protection. (CW) [de

40 CFR 35.925-9 - Civil rights.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Civil rights. 35.925-9 Section 35.925-9... ASSISTANCE Grants for Construction of Treatment Works-Clean Water Act § 35.925-9 Civil rights. That if the... the Civil Rights Act of 1964 and part 7 of this chapter have been met. ...

Protection of personality rights in civil law

Directory of Open Access Journals (Sweden)

Simonović Ivana

2014-01-01

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

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

Science.gov (United States)

Evans, Barbara J

2018-01-04

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

32 CFR 935.21 - Civil rights, powers, and duties.

Science.gov (United States)

2010-07-01

... INSULAR REGULATIONS WAKE ISLAND CODE Civil Law § 935.21 Civil rights, powers, and duties. In any case in... the laws of the United States or this part, the civil rights, powers, and duties as they obtain under... 32 National Defense 6 2010-07-01 2010-07-01 false Civil rights, powers, and duties. 935.21 Section...

CIVIL RIGHTS AND MINORITIES.

Science.gov (United States)

HARTMAN, PAUL

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

International Covenant on Civil and Political Rights

Directory of Open Access Journals (Sweden)

Catalina Mititelu

2013-08-01

Full Text Available According to the Covenant on Civil and Political Rights adopted by the United Nations, in 1966, the human being who enjoy his civil and political rights, enjoy in fact that “humanitas dignitas” (human dignity, since these rights derive from this. That is why this Covenant stipulated that the States parties are obligated to assure both the recognitions of these rights and their exercise and juridical protection.

Harmonization of the Ukrainian civil service with international and EU standards

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L. V. Prudyus

2016-07-01

Full Text Available In the article the issue on harmonization of the civil service with the international and EU standards as one of the key direction of implementation of the Reform Strategy of civil service and service in local self­government bodies for the period up to 2017 was researched. It was established that examples of the most effective management practice can be considered as a standard on which could be oriented states that seek to move to a more efficient and effective public administration. It was approached the issue «European standards of the public administration» as the complex of principles and standards of the establishing and implementation of politics, requirements to the management system. These concepts create will­free and subsequent application to harmonize with the model on building and realization of the modern people oriented public power; «European standards of the civil service» as the requirements to the organization, functionality, structure and management of the civil service system of the EU countries, which established by the legislation and informal cooperation for the ensuring the mission, aim and tasks of the EU and were established by founding treaties. It was summarized that good governance became in the EU as the paradigm for ensuring of the real effect to the democracy values and standards, human rights protection, rule of law, obligatory public administration in all levels. It was implemented according to 12 principles: 1 fair elections, representation and participation; 2 sensitivity to the citizens needs and expectations; 3 efficiency and effectiveness; 4 openness and transparency; 5 the rule of law; 6 ethical behavior; 7 the ability and competence; 8 innovation and openness to change; 9 sustainability and focus on long­term results; 10 sound financial management; 11 human rights, cultural diversity and social cohesion; 12 accountability. It was proven that civil service harmonization with the international and

The Tale of Two Civil Societies: Comparing disability rights movements in Nicaragua and Uruguay

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Stephen Meyers

2014-12-01

Full Text Available The UNCRPD is unique amongst international rights instruments because it empowers civil society organizations to represent the rights-bearers themselves—persons with disabilities. As such, DPOs in the Global South have become a major concern for UN agencies and international NGOs who believe that grassroots disability associations need political advocacy training in order to take up their role as rights advocates. These expectations contain implicit assumptions regarding civil society-state relations and the existence of governmental capacity. The authors, however, hypothesize that not all civil societies will fit the rights advocacy model due to the political culture and public resources available within their respective, local communities. Disability movements in Nicaragua and Uruguay are compared and contrasted. In Nicaragua, a disability rights coalition dismisses many international expectations in favor for continuing to follow traditional civil society expectations to provide services. In Uruguay, a long history of high levels of social spending and disability organizing enabled DPOs to successfully advocate for progressive laws. The deaf community, however, decided to implement their own, separate advocacy strategies to ensure a fairer distribution of public resources. The authors conclude that rather than top-down civil society training, the international movement should allow local organizations set their own priorities.

Lyndon B. Johnson and the Civil Right Act of 1964

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Karatzas Konstantinos D.

2016-09-01

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

The theoretical justification of civil service professional space management

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O. M. Terentiev

2014-04-01

Full Text Available The article develops the basic theoretical principles concerning the practical aspects of a civil service professional space. Development of the theoretical foundations of civil service professional space management provides for Public Administration new, more comprehensive methodological tools for adequately analysis and management of both social and professional processes in the public service, and ongoing process in the subspaces, fields and environments of all professions. Civil service professional space defines the main parameters and directions of public service, and professional environment of public authorities. As a space of common activity it requires special development and management. The author describes the content of functions for civil service professional space management, and provides appropriate practical recommendations. It is concluded that the civil service professional space should be the top point for analysis, forecasting, planning, implementation and decision-making in the civil service management in Ukraine.

Education of Gifted Students: A Civil Rights Issue?

Science.gov (United States)

Gallagher, James J.

2015-01-01

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

Corruption in the Civil Service: The dearth of effective service delivery

African Journals Online (AJOL)

The paper discussed the origin of the Nigerian Civil Service and the consequences of corruption that has crippled the service in the recent times. The paper was of the opinion that today's Civil Service in Nigeria is a carryover of the British imperialist administrative structure. The paper stated that the reasons for the corrupt ...

Civil Rights Laws as Tools to Advance Health in the Twenty-First Century.

Science.gov (United States)

McGowan, Angela K; Lee, Mary M; Meneses, Cristina M; Perkins, Jane; Youdelman, Mara

2016-01-01

To improve health in the twenty-first century, to promote both access to and quality of health care services and delivery, and to address significant health disparities, legal and policy approaches, specifically those focused on civil rights, could be used more intentionally and strategically. This review describes how civil rights laws, and their implementation and enforcement, help to encourage health in the United States, and it provides examples for peers around the world. The review uses a broad lens to define health for both classes of individuals and their communities--places where people live, learn, work, and play. Suggestions are offered for improving health and equity broadly, especially within societal groups and marginalized populations. These recommendations include multisectorial approaches that focus on the social determinants of health.

EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS

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NICOLAE GRADINARU

2012-05-01

Full Text Available The abuse of rights is qualified as civil offence and it may not be different from that of aquilian responsibility, the purpose of its sanction is to protect the victim and not to punish the author. In the Romanian legal doctrine, the abuse of rights was defined as “the exercise of a civil subjective right by breaching the principles of its exercise.” The Constitutional Court held that the person exercising in bad faith and abusively his/her subjective or procedural rights is punishable by appropriate penalties, such as: dismissal of his/her legal action, obligation to bear the costs, application of certain court fines, etc.

Features of personnel motivation in the civil service

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N. F. Artemenko

2016-06-01

The problems and the current state of civil servants motivation are investigated. The author reveals the contents of the new Law of Ukraine «On Civil Service» in the context of civil servants motivation and determines the ways of improving civil servants motivation in Ukraine.

WHISTLEBLOWING IN CIVIL SERVICE: EXPERIENCE OF EUROPE

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Maria A. Batishcheva

2014-01-01

Full Text Available In this article it is examined the whistleblowing practice in civil service across Europe. The analysis lets to arrive at a conclusion that the whistleblowing mechanism unevenly functions in different parts of Europe: it is more widespread in East and South. It is indicated the following reasons for that: differences in institutional systems of society, models of civil service («continental» and anglosaxon and sociocultural distinctions. Based on the Hofstede dimensions of national culture it is noted that cultural characteristics correlate with presence/absence of whistleblowing law and practice and effectiveness of this mechanism as a whole. Focusing on the role of whistleblowing in control of deviations of civil servants' behavior, it is supposed that the whistleblowing needs to be implemented in the Russian civil service. Obstacles to the whistleblowing design and implementation were also shown and some recommendations were given, taking into account sociocultural characteristics of the Russian society.

Whistleblowing In Civil Service: Experience Of Europe

Directory of Open Access Journals (Sweden)

Maria A. Batishcheva

2014-01-01

Full Text Available In this article it is examined the whistleblowing practice in civil service across Europe. The analysis lets to arrive at a conclusion that the whistleblowing mechanism unevenly functions in different parts of Europe: it is more widespread in East and South. It is indicated the following reasons for that: differences in institutional systems of society, models of civil service («continental» and anglosaxon and sociocultural distinctions. Based on the Hofstede dimensions of national culture it is noted that cultural characteristics correlate with presence/absence of whistleblowing law and practice and effectiveness of this mechanism as a whole. Focusing on the role of whistleblowing in control of deviations of civil servants' behavior, it is supposed that the whistleblowing needs to be implemented in the Russian civil service. Obstacles to the whistleblowing design and implementation were also shown and some recommendations were given, taking into account sociocultural characteristics of the Russian society.

28 CFR 16.90 - Exemption of Civil Rights Division Systems.

Science.gov (United States)

2010-07-01

... with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative... the records could interfere with ongoing criminal or civil law enforcement proceedings and impose an... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Civil Rights Division...

PRACTICAL ASPECTS OF ATTRACTION CAREER PROFESSIONAL CIVIL SERVICE

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A. Mishin

2016-01-01

Full Text Available The aim of the article is improving the efficiency of personnel management of the federal government and regional authorities. In conducting this study, the main sources of raw data were the materials and documents graphical analysis, cross table, the automated processing of data using Excel VBA. This article revealed negative features of the life cycle of a career Russian civil servants; based on feedback analysis concluded that the weak differences in the profi les of ordinary skill competencies and management staff of the civil service. State civil service does not offer attractive career model for skilled workers. Models of career and payroll of civil servants are poorly developed.

Civil Service Human Resource Capacity and Information Technology

African Journals Online (AJOL)

Tesfaye

2009-01-01

Jan 1, 2009 ... civil service organizations to make them accountable and responsible for ... changing the structure of the civil service organisations. More generally .... method to measure productivity of IT based on before and after IT investment .... 2000, and the wealth value of office equipment4, of Federal. Offices as a ...

42 CFR 408.44 - Deduction from civil service annuities.

Science.gov (United States)

2010-10-01

... 42 Public Health 2 2010-10-01 2010-10-01 false Deduction from civil service annuities. 408.44... § 408.44 Deduction from civil service annuities. (a) Responsibility for deductions. If an enrollee is... service annuity, the premiums are deducted from that annuity by the Office of Personnel Management (OPM...

Strategies for the safeguarding of civil rights in the age of plutonium

International Nuclear Information System (INIS)

Narr, W.D.

1984-01-01

This contribution examines our age from the point of view of 'safeguarding' civil rights. The author discusses the concept of privacy and the conditions in industrial establishments which, in this context, are described as areas where the validity of civil rights is interrupted or diluted, and shows that the number of spheres of life where civil rights loose in validity are increasing, as e.g. research centres, and power generating industrial plants. The current concept of risk acceptance and security is discussed as well as the possibility and necessity to safeguard civil rights. The author concludes that security in the social meaning cannot be achieved by establishing a more or less rigid surveillance system. (orig./HSCH) [de

Integration Processes on Civil Service Reform in the Eurasian Space

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George A. Borshevskiy

2016-01-01

Full Text Available In the article was studied the process of reforming the institute of civil service in the countries of the Eurasian space (e.g. Russia, Belarus and Kazakhstan. The integration of national systems of public administration and, in particular, the civil service, is an important factor contributing to the implementation of the centripetal tendencies in the post-Soviet space. The research methodology is based on a combination of comparative legal analysis, historical retrospective method, normalization and scaling, structural-functional and system analysis. A comparison of the legal models of public service was made in research. The author puts forward the hypothesis that it is presence the relationship between the quantitative changes (for example, number of employees of civil service and the dynamics of macroeconomic indicators (e.g. number of employed in the economy. In this regard were observed common trends. On materials of the statistical surveys were considered quantitative changes in national systems of civil service. The study of the socio-demographic characteristics of the public service (gender, age, profession allowed to formulate conclusions about the general and specific trends in the reform of the civil service of the analyzed countries. A number of values were first calculated by the author. The work is intended to become the basis for a broad international research on the development of civil service, which is the central mechanism for implementation the integration in the post-Soviet space.

32 CFR 516.12 - Service of civil process outside the United States.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of civil process outside the United... AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.12 Service of civil process outside the United States. (a) Process of foreign courts. In foreign countries service of process...

32 CFR 516.10 - Service of civil process within the United States.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of civil process within the United States... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.10 Service of civil process within the United States. (a) Policy. DA officials will not prevent or evade the service or process in...

The model for evaluation of the effectiveness of civil service modernization

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O. A. Lyndyuk

2016-09-01

Full Text Available The effectiveness of the civil service modernization depends on the timely implementation of control measures and evaluating of the effectiveness of modernization processes and system components. The article analyzes the basic problems of evaluation the effectiveness of civil service modernization and scientific papers on these issues. The basic theoretical approaches to the definition of «assessment» and «evaluation» are studied. Existing theoretical and methodological approaches to the assessment process are analyzed and summarized, the main methods of evaluating the effectiveness of the civil service modernization and the most common assessment methods are defined. Eligible for evaluating the effectiveness of civil service modernization are special analytical techniques: functional review, Balanced Scorecard, taxonomic analysis, Key Performance Indicators, methods of multivariate analysis and others. Among the methods of studying consumer expectations about the effectiveness of the civil service modernization such ones are singled out: questionnaires, surveys, interviews, testing, monitoring, analysis of statistical sources, contents of documents, reports and regulatory framework and others. The methods of improving efficiency include: benchmarking, reengineering, performance assessment models and more. The importance of gradual replacement of cost evaluation methods by the results evaluation method is determined. It was shown the need for a comprehensive balanced scorecard to evaluate. With a view to the mutual agreement of principles, mechanisms and instruments for evaluating the effectiveness of civil service modernization the expediency of a systematic, targeted, synergistic, process, situational, strategic and resource approaches is grounded. Development of theoretical concepts and methodological principles of evaluating the effectiveness of civil service modernization should be based on the harmonious combination (integration of all

Fixing Images: Civil Rights Photography and the Struggle Over Representation

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Berger, Martin A.

2010-10-01

Full Text Available "Fixing Images" argues that the iconic photographs of civil rights played a key role in limiting the racial reforms of the 1960s. The famous photographs of dogs and fire hoses turned against peaceful black marchers in Birmingham, or of tear gas and clubs wielded against voter-rights marchers in Selma are routinely credited with galvanizing the sympathy of liberal whites in the north for the plight of blacks in the south and of smoothing the wayfor civil rights legislation. What goes unsaid is how the photographs moved whites to accept legislative and social reforms by perpetuating a picture of white control. The article illustrates how white sympathy was contingent on images that consistently displayed blacks as the passive and hapless victims of active and violent whites. And it demonstrates how the iconic images of civil rights ultimately limited efforts to enact – or even imagine – reforms that threatened to upend the racial balance of power.

10 CFR 1.37 - Office of Small Business and Civil Rights.

Science.gov (United States)

2010-01-01

... consideration is given to Labor Surplus Area firms and Women Business Enterprises, and conducts an outreach... 10 Energy 1 2010-01-01 2010-01-01 false Office of Small Business and Civil Rights. 1.37 Section 1... Headquarters Staff Offices § 1.37 Office of Small Business and Civil Rights. The Office of Small Business and...

41 CFR 105-53.130-2 - Office of Ethics and Civil Rights.

Science.gov (United States)

2010-07-01

... of 1975, and the Equal Pay Act. [53 FR 23761, June 24, 1988] ..., equal employment opportunity, and civil rights. It is the focal point for the agency's implementation of the Ethics in Government Act of 1978. The principal statutes covering the Civil Rights Program are...

GUARANTEES OF THE RIGHT TO A FAIR CIVIL TRIAL

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Diana-Loredana Jalbă

2015-11-01

Full Text Available In order to ensure the effective protection of human rights and provide for more than theoretical and illusory substantive rights, the need to define the right to a fair trial is emerging, along with the necessity that litigants become aware of the guarantees established by article 6 of the European Convention on Human Rights. Thus, the article aims to approach the ample issue regarding the litigants’ right to a fair civil trial in light of current legal regulations, and in particular, in light of the jurisprudence of the European Court of Human Rights. Given the fact that the right to a fair civil trial involves establishing, throughout the trial, a set of rules of procedure aimed at creating a balance between the parties in the process - the so-called guarantees of a fair trial - in her scientific pursuits, the author analyzes both explicit and implicit guarantees of fair trial, highlighting relevant European standards as well as their degree of implementation in the national (procedural law.

75 FR 16819 - Notice of Proposed Information Collection for Public Comment Civil Rights Front End and Limited...

Science.gov (United States)

2010-04-02

... Information Collection for Public Comment Civil Rights Front End and Limited Monitoring Review AGENCY: Office... Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The...-free Federal Information Relay Service at 800-877-8339. (Other than the HUD USER information line and...

Challenges to Reducing Discrimination and Health Inequity Through Existing Civil Rights Laws

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-01-01

Fifty years after the passage of Civil Rights Act, minority healthcare remains separate and unequal. We combine insights from Civil Rights Law and research on racial-disparities to understand whether stronger enforcement of existing Civil Rights laws would improve minority healthcare today, or whether complementary approaches are also necessary. Despite earlier success, modern challenges to improving minority healthcare are different than those confronted during de jure segregation. We review these challenges and the potential effectiveness of existing Civil Rights legislation in overcoming them. We conclude that enforcement could be strengthened by executive orders that strengthen existing laws, but Congressional action would be required to allow private individuals to bring suits against discriminatory providers. We contrast the relative benefits of this approach to wider non-litigation-based solutions. We conclude that a combination of the two approaches would better address the challenge of improving minority healthcare in the 21st century. PMID:28583962

Office for Civil Rights Annual Report to Congress, Fiscal Years 2007-08

Science.gov (United States)

US Department of Education, 2009

2009-01-01

This report details the U.S. Department of Education Office for Civil Rights' (OCRs') accomplishments in enforcing the civil rights laws under which OCR has been granted jurisdiction to address and remedy discrimination. These enforcement efforts include complaint investigation and resolution, compliance reviews and technical assistance, as well…

Integrated human rights and poverty eradication strategy: the case of civil registration rights in Zimbabwe.

Science.gov (United States)

Musarandega, Reuben

2009-01-01

High poverty levels characterise sub-Saharan Africa, Zimbabwe included. Over 80 per cent of Zimbabwe's population lived below the total consumption poverty line and 70 per cent below the food poverty line in 2003. This plummeting of social indicators resulted from the freefall suffered by the country's economy from the 1990s, after unsuccessful attempts to implement structural adjustment programmes prescribed by international financial institutions. The ensuing socioeconomic decay, political crisis and international isolation of the country from the late 1990s reversed gains made in social indicators during the 1980s. Development theories attribute poverty to unchecked population growth, political, economic and environmental mismanagement, while developing countries' leaders attribute it to historical imbalances and global political and economic injustices. Despite this debate, poverty continues to evolve, expand and deepen and the need to eradicate it has become urgent. The complex question of what causes and what drives poverty is perpetually addressed and new ideas are emerging to answer the question. One recent view is that failure to centre development on people and to declare poverty a violation of human rights has allowed poverty to grow the world over. This study uses a hypothesised cause of poverty - civil registration - to exemplify the human right nature of poverty, and how a human rights' policy can be used as an instrument to eradicate poverty. The study demonstrates that civil registration is a right of instrumental relevance to poverty; and achieving civil registration grants people access to numerous other rights, some of which will lift them out of poverty, while the failure of civil registration deprives people of access to livelihoods, thereby entrenching them in poverty.

Realization of Human Rights Guarantees in Civil Proceedings in Russia

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Badma V. Sangadzhiev

2016-09-01

Full Text Available Civil legal proceedings are conducted according to the federal laws existing during consideration and permission of a civil case (making of separate legal proceedings or execution of court decrees. In case of lack of the regulation of a procedural law governing the relations which arose during civil legal proceedings, federal courts of the general jurisdiction and magistrate's courts apply the regulation governing the similar relations (analogy of the law. In the absence of such regulation of the judge work proceeding from the general principles of implementation of justice in the Russian Federation (analogy is right. Dispositions of general constitutional guarantees (which don't belong directly to judicial system, however their sense can quite be applied to judicial process of consideration of civil cases contain in the following articles of the Constitution of Russia: 17, 19, 29 and 45. Judicial activities are characterized by the major indicators: quality and efficiency (observance of procedural terms. According to the conventional principles and rules of international law to be an offender without unjustifiable delay constitutes one of the fundamental human rights inseparably linked with the right to fair legal proceeding. In a sense of the constitutional regulation, first, everyone has the right, but isn't obliged to protect the rights, secondly, to protect by all methods which aren't forbidden by the law. It is thought, the last purchases the force and the importance not as ascertaining (or transfer these methods in the law and as availability of real mechanisms of their use by the individual and availability of use.

MOVEMENT WITHIN THE LOCAL CIVIL SERVICE SYSTEM

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Alen Rajko

2016-01-01

Full Text Available The author analyzes the current Croatian regulation of movement within the local and regional civil service system. This includes the institutes of transfer, promotion, appointment and removal of the heads of administrative bodies, as well as changes in the workplace that may occur in the process of reorganization of the administrative bodies, with additional references to the particularities related to the position of heads of administrative bodies and employees. The procedural context of these issues, related to the implementation of administrative procedure and administrative dispute, is also discussed. The author offers legal interpretation to resolve doubts arising in the practice of implementation of the mentioned civil service institutes.

Driving up Standards: Civil Service Management and Decentralization: Case Study of Uganda

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Lazarus Nabaho

2012-12-01

Full Text Available There is a consensus that decentralization by devolution leads to improved service delivery, but debate on the appropriate type of personnel arrangements for delivering decentralized services is far from over. Put differently, the discourse on whether civil service management should be decentralized or devolved still rages on. Little wonder that countries which started off with decentralized civil service management models in the 1990s are currently centralizing some aspects of personnel management while others are having centralized and decentralized personnel arrangements operating side by side in sub-national governments. The paper argues that civil service management should be decentralized whenever a country chooses the path of decentralization by devolution. Using Uganda’s example, the paper highlights two major challenges of managing the civil service under separate personnel arrangements: civil service appointments devoid of merit, and the perennial failure to attract and retain qualified human resource. The paper presents proposals on how to ensure meritocracy in appointments and how to bolster attraction and retention of human capital in local governments.

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.

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

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Anna Augustynowicz

2018-04-01

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

Civil Rights Enforcement Gone Haywire: The Federal Government's New School-Discipline Policy

Science.gov (United States)

Epstein, Richard A.

2014-01-01

In January, 2014, the Civil Rights Division of the Department of Justice (DOJ) and the Office for Civil Rights in the Department of Education (ED) issued a joint "Dear Colleague Letter" to K-12 schools. The topic discussed in their joint letter is whether administrators are punishing minority children more harshly than white children for…

Student Rights in the U.S. and Civil Law Nations.

Science.gov (United States)

Lynch, Patrick D.

A discussion of the two legal traditions illuminates this comparison of student rights in common and civil law nations. The United States is among a minority of nations that use common law, a complex system cluttered with processes difficult to explain and loaded with protections for defendents in both criminal and civil cases. In American common…

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

Directory of Open Access Journals (Sweden)

Юрій Миколайович Моісеєнко

2017-03-01

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

Department of Education Revives Civil Rights Office

Science.gov (United States)

Finkel, Ed

2010-01-01

This article reports on the mission of the Office for Civil Rights in the U.S. Department of Education to ensure equal access to education through compliance reviews. The Office hopes to use these reviews to provide technical assistance to help districts improve their performance. In late March, the Los Angeles Unified School District became the…

Tenth Annual "Brown" Lecture in Education Research: A New Civil Rights Agenda for American Education

Science.gov (United States)

Orfield, Gary

2014-01-01

This article reviews the impacts of the civil rights policies framed in the 1960s and the anti-civil rights political and legal movements that reversed them. It documents rising segregation by race and poverty. The policy reversals and transformation of U.S. demography require a new civil rights strategy. Vast immigrations, the sinking White…

75 FR 39266 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

Science.gov (United States)

2010-07-08

..., ethnic, or religious profiling related to the Department's activities. The system will also track and... agency for labor and employment relations; to an agency, organization, or individual when there could... civil rights and civil liberties, or to allege racial, ethnic, or religious profiling by DHS, its...

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

Science.gov (United States)

2010-07-06

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

Compensation for damage caused by abuse of procedural rights in civil litigation

Directory of Open Access Journals (Sweden)

Rakočević Milka V.

2017-01-01

Full Text Available The paper discusses the issue of compensation for damage caused by the abuse of procedural rights as a measure within the oppressive apparatus for sanctioning the abuse of process in civil proceedings, which issue is, unlike others related to the idea of prohibition of abuse of rights within the system of civil procedure, the least treated in the procedural doctrine. The author deals with procedural aspects of certain essential issues that are important in the context of the matter concerned, highlighting the nature of the claim for damages caused by the abuse of process, the manner this right is realized (whether in the pending litigation or by initiating a separate civil procedure, the procedural form of the claim for compensation of damages, etc.

Civil defence and disaster control services

International Nuclear Information System (INIS)

Kolb, P.W.

1986-01-01

Today's systems of civil defence and disaster control services are the result of a long process of development, which is outlined for the Federal Republic of Germany. The present organisational and legal systems are explained, together with the institutions concerned. (DG) [de

Complicating the Rhetoric: How Racial Construction Confounds Market-Based Reformers' Civil Rights Invocations

Science.gov (United States)

Hernández, Laura E.

2016-01-01

Reformers today maintain the use of civil rights rhetoric when advocating for policies that address educational inequity. While continuing the legacy of earlier civil rights activists, the leaders invoking this rhetoric and the educational platforms they promote differ greatly from previous decades. Not only does this new crop of reformers differ…

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

Directory of Open Access Journals (Sweden)

Олег Степанович Ткачук

2016-06-01

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

The Covenant on civil and political rights

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Aulona HAXHIRAJ

2013-12-01

Full Text Available The civil and political rights as protected under the Covenant from the core of human rights protection on the international plane. This paper seeks to demonstrate how this goal may be archieved. The genesis of the Covenant will be discussed in the context of the evolution of human rights law. Starting from the normative framework and its development after the adoption of the Universal Declaration of Human Rights the scope of the Covenant rights as well as the duties of the State parties will be discussed. The monitoring role of th Human Rights Committee as major element in the implementation process will be closely examined. The paper will be focused on the status of the State parties and the Status of the Covenant in domestic law. Also will specifically focus on the State reporting system and the individual complaint procedure be carefully selected case studies. In conclusion, will be discussed the legal consequences of violations of rights protected by the Covenant.

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

Science.gov (United States)

Office for Civil Rights, US Department of Education, 2015

2015-01-01

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

Civil service recruitment in Comoros : a case of political clientelism in a decentralized state

OpenAIRE

Rose,Jonathan; Gowthaman,Balachandran

2015-01-01

Professional civil service recruitment is a core component of governance for development, as it is necessary for ensuring the capacity of civil servants, service delivery, fiscal sustainability, and proper salary management. Through an ambitious mixed method approach, this study seeks to provide a political economy analysis of civil service recruitment in Comoros—a fragile and decentralized ...

Picturing Equality: Exploring Civil Rights' Marches through Photographs

Science.gov (United States)

Santoli, Susan; Vitulli, Paige; Giles, Rebecca

2015-01-01

Exploring controversial and difficult events and issues with young children can be challenging. The Civil Rights Movement is an abstract, perhaps remote, issue for young children today. However, it is an important part of our country's history and a theme worthy of study. This article suggests ways to use photographs to explore this mature subject…

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

Science.gov (United States)

Son, Colin

2015-07-01

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

Harmonization of the Ukrainian civil service with international and EU standards

OpenAIRE

L. V. Prudyus

2016-01-01

In the article the issue on harmonization of the civil service with the international and EU standards as one of the key direction of implementation of the Reform Strategy of civil service and service in local self­government bodies for the period up to 2017 was researched. It was established that examples of the most effective management practice can be considered as a standard on which could be oriented states that seek to move to a more efficient and effective public administration. ...

Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part V--Outdoor Pursuits as an Extracurricular Alternative for Addressing Office of Civil Rights Guidance

Science.gov (United States)

Davis, Timothy D.; Felix, Manny

2013-01-01

The Office of Civil Rights (OCR) recently clarified that schools are required to provide students with disabilities (SWD) equal opportunities to participate in extracurricular activities (U.S. Department of Education [USDE] Office for Civil Rights, 2013). Schools have flexibility to design and expand extracurricular opportunities based on existing…

The Freedom Schools, the Civil Rights Movement, and Refocusing the Goals of American Education

Science.gov (United States)

Hale, Jon N.

2011-01-01

This article examines the history of the 1964 Mississippi Freedom Schools to illustrate how integrating the Civil Rights Movement into the social studies curriculum refocuses the aims of American education on participatory democracy. Teaching the Civil Rights Movement and employing the teaching strategies used in the Freedom Schools leads to the…

ASPECTS CONCERNING THE PRIVATE OWNERSHIP RIGHT WITHIN THE CONTEXT OF THE NEW CIVIL CODE

Directory of Open Access Journals (Sweden)

Ana-Maria Lupulescu

2012-11-01

Full Text Available The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, and the private ownership right, in particular, so that it becomes necessary, for both the analyst in law and the practitioner, to make a comparison between the old regulation contained in the Civil Code of 1864 and the current regulation provided by the new Civil Code. At least in theory, the new legal framework in this area shows greater consistency and legal precision, although it is not entirely safe from any criticism.

Esther McCready, RN: Nursing Advocate for Civil Rights

Science.gov (United States)

Pollitt, Phoebe A

2016-02-15

More than a decade before the Civil Rights Act of 1964, as an African American teenager from Baltimore, Maryland, Esther McCready challenged the discriminatory admissions policies of the University of Maryland School of Nursing (UMSON). The article explores nurse advocacy and how Esther McCready advocated for herself and greater racial equity in nursing education during a time of civil rights turmoil. Her actions eventually resulted in the formation of numerous schools of nursing for African Americans across the south. This article recounts McCready’s early life experiences and the powerful impact her actions had on creating educational options for nurses during a time when they were severely limited for African American women, including discussion of her student days at UMSON and her journey after nursing school. A review of pertinent legal cases and policies related to segregation and integration of higher education in the mid-twentieth century is presented, along with details of McCready’s continued education and advocacy.

Changing Landscapes in Documentation Efforts: Civil Society Documentation of Serious Human Rights Violations

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Brianne McGonigle Leyh

2017-04-01

Full Text Available Wittingly or unwittingly, civil society actors have long been faced with the task of documenting serious human rights violations. Thirty years ago, such efforts were largely organised by grassroots movements, often with little support or funding from international actors. Sharing information and best practices was difficult. Today that situation has significantly changed. The purpose of this article is to explore the changing landscape of civil society documentation of serious human rights violations, and what that means for standardising and professionalising documentation efforts. Using the recent Hisséne Habré case as an example, this article begins by looking at how civil society documentation can successfully influence an accountability process. Next, the article touches upon barriers that continue to impede greater documentation efforts. The article examines the changing landscape of documentation, focusing on technological changes and the rise of citizen journalism and unofficial investigations, using Syria as an example, as well as on the increasing support for documentation efforts both in Syria and worldwide. The changing landscape has resulted in the proliferation of international documentation initiatives aimed at providing local civil society actors guidelines and practical assistance on how to recognise, collect, manage, store and use information about serious human rights violations, as well as on how to minimise the risks associated with the documentation of human rights violations. The recent initiatives undertaken by international civil society, including those by the Public International Law & Policy Group, play an important role in helping to standardise and professionalise documentation work and promote the foundational principles of documentation, namely the ‘do no harm’ principle, and the principles of informed consent and confidentiality. Recognising the drawback that greater professionalisation may bring, it

Civil rights between legal provisions and political reality in Albania

Directory of Open Access Journals (Sweden)

Doris Koliqi Malaj

2018-03-01

Full Text Available One of the basic principles of civil rights is that all human beings are born free and equal in dignity and rights. The life protection, liberty and property should be equally guaranteed to citizens to exclude discrimination of minorities or other parts of the population. These rights are an important part of civil liberties and are considered as an essential element for effective citizenship. Arbitrary arrest, terror, torture or other serious and unlawful interference, both by state and private actors, significantly affect the well-being of democracy as it affects the very essence of it. In liberal democracies, leaders legitimized by the people must be involved within the norms and principles of the rule of law in order to establish a healthy relationship between the state and the citizen. This relationship is considered to be damaged in non-liberal democracies as it is affected by the suspension of individual freedoms and rights. This paper aims to analyze whether these individual rights are guaranteed and protected in Albania, considering from the perspective of the legal framework as well as in the political reality. This study aims to analyze the development of human rights, judicial rights and their implementation in our country to come to the conclusion, whether our system is that of a liberal democracy or not.

The Underappreciated Doctors of The American Civil Rights Movement. Part I: Theodore Roosevelt Mason Howard, MD.

Science.gov (United States)

deShazo, Richard D; Parker, Sara B

2017-07-01

During the fight to end segregation in the United States, most of the 25 or so black physicians who had not already left Mississippi took risks to become active in civil rights locally and nationally. One of the first was T.R.M. Howard, MD, whose life story is both an encouragement and warning for today's physicians. Howard, the protégé of a white Adventist physician, became active in civil rights during medical school. While serving as chief surgeon of the all-black hospital in Mississippi, he formed his own civil rights organization in 1951 and worked to solve the shootings of 2 of its members, George Lee and Gus Courts, and the murder of Emmett Till in 1955. His reports of these events and collaborations with other civil rights icons helped trigger the modern civil rights movement. At the same time, he became a nationally known proponent of abortion rights and then fled to Chicago in 1956, after arming his Delta mansion with long guns and a Thompson machine gun. Howard will be remembered for many things, including his activism for the social determinants of health as president of the National Medical Association. Copyright © 2017 Southern Society for Clinical Investigation. Published by Elsevier Inc. All rights reserved.

Canadian Civil Society Organizations and Human Rights and Global ...

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

This project aims to strengthen the capacity of Canadian civil society organizations (CSOs) to inform Canadian policy on human rights and global justice. ... in the developing world continue to face obstacles that limit their ability to establish careers and become leaders in the fields of science, technology, engineering, and ...

Motivation of staff in the civil service of Ukraine: problems and prospects

Directory of Open Access Journals (Sweden)

Nataliia Trokhymivna Honcharuk

2013-11-01

Full Text Available The problems and prospects of motivation in the civil service of Ukraine are analyzed in the article. Categorical analysis in the scientific literature the terms “motivated”, “motivation of staff of the Civil Service”, “motivation”, “financial motivation” has been done. The evolution of concepts and theories of motivation based on the needs, interests, motives and incentives is analyzed. The authors propose to take all the best from these concepts and theories to use in today’s development of Ukrainian society. The current state of public servants motivation and its regulatory provision is researched. Domestic and foreign experience motivation of public service motivation is generalized. The possibility of using new technologies of human resource management improvement in the public service is researched, the new provisions of the Law of Ukraine “On Civil Service” dated November 11, 2011 № 4050 on the motivation of civil servants in Ukraine is described.

Beyond Civil Service: The Changing Face of Public Personnel Management.

Science.gov (United States)

Klingner, Donald E.; Lynn, Dahlia Bradshaw

1997-01-01

Today, public services are often delivered by purchase-of-service agreements, privatization, franchising, vouchers, or other alternatives to civil service. Public personnel managers must now deal with broader policy issues, relationships with external organizations, and tighter focus on cost control, requiring new knowledge, skills, and abilities.…

Outsourced design services lessons learned from LHC civil engineering

CERN Document Server

Watson, T

2003-01-01

In April 1996 CERN awarded three contracts for the provision of civil engineering design and site supervision services associated with the LHC Project. These three contracts with an average value at signature of 12MCHF were placed using the “two envelope” award system. Eight firms from six member states were integrated into three Joint Ventures. For Projects prior to the LHC, CERN would have carried out the design and supervision using in-house staff. The change to out-sourced services represented a major step for CERN. After seven years, the contracts are now coming to their conclusion. This paper aims to discuss the reasons why these contracts were originally implemented, the lessons than have been learnt over the last seven years and conclusions on how CERN could approach the need for civil engineering design services in the future.

A Study on the Development of Curriculum Track for Civil Service Librarian

Directory of Open Access Journals (Sweden)

Younghee Noh

2013-06-01

Full Text Available The goal of this study is to improve the competitiveness of professional librarians in society. To this end, we analyzed domestic and international LIS curriculum, determined demand from field librarians through a survey, carried out job analysis by library types, and developed an operating model for LIS curriculum by synthesizing all of these results. Finally, we suggested a course of study for civil service librarians based on this model. As a result, the six required courses for civil service librarians are: Introduction to Library and Information Science, Information Organization, Information Services (Reference and Information Services, Library Management, Information Retrieval, and Field Work. The four core courses for the civil service concentration are: Collection Development, Information Sources by Subjects, Public Library Management, and Digital Libraries. Suggested electives best suited to this career path include Using Web Resources, Information Literacy, Information Services in Culturally Diverse Communities, Library Marketing, Libraries and Cultural Programs, Reading Guidance, Library History, Small Library Management, Studies in Library Buildings, Library Cooperation, Managing Digital Collections, and Information and Communication in a Digital Age.

Investors Perception on Civil Remedies and Civil Action under the Capital Markets and Services Act 2007

OpenAIRE

Yeon, Asmah Laili; Yaacob, Nurli

2016-01-01

The Capital Markets and Services Act 2007 provides civil action and remedies for the victim of securities crimes. Whether these remedies are sufficient to protect investors’ interest when dealing in securities transaction is an issue to be discussed in the paper? This paper aims to analyze investors’ perception on civil remedies and action. This paper based on the legal research findings where a systematic method of exploring, investigating, analyzing and conceptualizing legal issues pertaini...

Network-Based Coordination of Civil-Service Training: Lessons from the Case of Estonia

Directory of Open Access Journals (Sweden)

Metsma Merilin

2017-06-01

Full Text Available The focus of this article is on the coordination of civil-service training in a decentralized civil-service system. The Estonian case is studied. The article investigates network-based coordination, analyzes the power sources of the central coordinator and discusses the opportunities and limitations of creating coherence through network-type cooperation. The article concludes that the key power sources for the central coordinator are financial, human and technical resources paired with knowledge, leadership and commitment. The case study shows that, in a decentralized civil service system, a common understanding on training and development can be fostered by intense collaboration through networks.

International experience of the civil service performance and possible ways of its application in Ukraine in terms of administration reform

Directory of Open Access Journals (Sweden)

Y. Y. Kizilov

2016-07-01

Full Text Available In the most countries the deep modernization and reforming of civil service were launched in 70­80 years of the past century and now these processes have given good results. Therefore, it will be useful to adopt a foreign experience on reforming and civil service performance with the aim to determine effective components of civil service performance in Ukraine. The analysis shows that the process of the civil service reforming and development, improving of the performing process are characterized in the world practice as the continental and Anglo­Saxon models, but despite of this most countries have a mixed model of civil service. For modernization of the civil service and approximation to the most preferable type of management in Europe were developed different models, which named «new public administration». In the article the international experience of France, Germany, Great Britain, USA, Japan and other countries on civil service performance in terms of administrative reform was analyzed. It was founded that experience of these countries is very valuable for the development of civil service institute in Ukraine, in particular civil service performance, because these countries made an economic progress and ensured sustainable development. The generalization of the international experience on civil service performance allowed to systemize the development of civil service performance institute in the democratic countries, namely: development of the reform programme and civil service modernization and adoption of new legislation on civil service; optimization and creation new organizational entities in the civil service system; existing of the special institutes of the civil service management; gradual staff reduction of state apparatus; creation of the institute of senior leadership; application of the management methods by the example of private sector; staff rotation; existing of ethic code; ensuring of lifelong education for civil

The Evolution and Challenges of the Danish Civil Service System

DEFF Research Database (Denmark)

Hansen, Morten Balle

2013-01-01

service is examined. The Danish civil service system has been characterized by long-term gradual evolution and adoption of many of the prevailing institutions in medieval and modern European state administration. This adaptation to prevailing trends has been predominantly characterized by integration...

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

Science.gov (United States)

2010-07-01

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

GENERAL GUIDELINES CONCERNING THE RELATION INTERNATIONAL INTELLECTUAL PROPERTY BUSINESS VERSUS HUMAN RIGHTS AND CIVIL LIBERTIES

Directory of Open Access Journals (Sweden)

Speriusi-Vlad Alin

2014-07-01

Full Text Available Today, the intellectual property protection is no longer an absolute social and legal that justifies adoption of any measures necessary to protect it. Initially seen as the prerequisite for sustainable development, implementation of new technologies, and encouragement of international trade, the intellectual property, especially prior to ACTA (Anti-Counterfeiting Trade Agreement international trial implementation, and also thereafter, was increasingly identified as a source of violation of fundamental rights and civil liberties, i.e. the right to protection of personal data, the right to privacy, freedom to send and receive information freedom of information, freedom to contract, and freedom to carry out economic activities (freedom of commerce. As far as international trade transactions have often a component of intellectual property that requires to be protected, it is necessary to identify the landmarks, the rules establishing de facto limits in order to protect the intellectual property without risk of infringement of fundamental rights and civil liberties of other persons, in particular users or potential users of goods and services incorporating intellectual property. The best guidelines in this regard may be provided by the CJEU (Court of Justice of the European Union case-law both due to its reasoning underlying the decision of the Parliament to reject ACTA ratification and the fact that the case-law of this Court, especially the most recent one, is highly complex and nuanced, not denying in any way the importance of intellectual property, and identifying certain cases where their primacy persist and whose analysis leads to laying down some general rules in the field.

Sex Differences in Attitudes toward Homosexual Persons, Behaviors, and Civil Rights: A Meta-analysis.

Science.gov (United States)

Kite, Mary E.; Whitley, Bernard E., Jr.

1996-01-01

Used meta-analytic techniques to compare men's and women's attitudes toward homosexual persons, homosexual behaviors, and gay people's civil rights. As expected, size of sex differences varied across these categories. Men were more negative than women toward homosexual persons and homosexual behavior, but the sexes viewed gay civil rights…

Civil rights as determinants of public health and racial and ethnic health equity: Health care, education, employment, and housing in the United States.

Science.gov (United States)

Hahn, R A; Truman, B I; Williams, D R

2018-04-01

This essay examines how civil rights and their implementation have affected and continue to affect the health of racial and ethnic minority populations in the United States. Civil rights are characterized as social determinants of health. A brief review of US history indicates that, particularly for Blacks, Hispanics, and American Indians, the longstanding lack of civil rights is linked with persistent health inequities. Civil rights history since 1950 is explored in four domains-health care, education, employment, and housing. The first three domains show substantial benefits when civil rights are enforced. Discrimination and segregation in housing persist because anti-discrimination civil rights laws have not been well enforced. Enforcement is an essential component for the success of civil rights law. Civil rights and their enforcement may be considered a powerful arena for public health theorizing, research, policy, and action.

The Implementation of Civil Service Reforms in Tanzania, 1991-2000

OpenAIRE

Lukumai, Emmanuel C.

2006-01-01

The present thesis deals with civil service reforms implemented in Tanzania in between 1991-2000. It aims at assessing whether the reforms achieved the intended objectives of “smaller, affordable, well compensated, efficient and effective performing civil service” (Caulfield, 2004: 233). To this end, the discussion starts by explaining the overall move for reform globally and then narrows its scope and deals with assessing the factors that led to achievement or failure of the process in the T...

Parks and recreation employment status: implications from a civil service perspective

Science.gov (United States)

Joel Frater; Arthur Graham

2002-01-01

Current research on the credentialing process in parks, recreation and leisure services has focused primarily on accreditation and certification and has largely ignored the civil service exam as a credentialing toll or condition of employment in many state and municipal parks and recreation departments.

Legislating Civil Service Reform: The Homeland Security Act of 2002

National Research Council Canada - National Science Library

Brook, Douglas A; King, Cynthia L; Anderson, David; Bahr, Joshua

2006-01-01

.... It includes a review of the recent history of civil service reform, a chronology of the major events leading up to passage of the legislation, and a detailed examination of the rhetorical framing...

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.

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.

The Effect of Manpower Planning and Development in Lagos State (Nigeria Civil Service Performance

Directory of Open Access Journals (Sweden)

Chinyeaka J. Igbokwe-Ibeto

2015-12-01

Full Text Available The study examined effects of manpower planning and development in Lagos state civil service performance. Lagos state civil service is the greatest asset of the state in its quest for socio-economic development. The primary question that was explored is whether the nature of manpower planning and development curriculum in Lagos state civil service has effect on the service performance and the attainment of state objective. The study relied on primary and secondary data, and multiple stage sampling technique was used to select the sample population. The data collected was presented in frequency bar chart and simple percentage. Pearson’s Product Moment Correlation Coefficient (PPMC statistical tool was used to test the hypotheses. Findings of the study show that the nature of manpower planning and development curriculum has a positive effect on the Lagos state civil performance. It also reveals that the manpower planning and development has a positive effect on the attainment of Lagos state objective. To achieve better performance in the service, it should among others, improve on the current manpower planning strategy and continue to update its manpower development curriculum in line with the global best practices. Given the pivotal role that technology plays in the 21st century, the service should avail itself the windows of opportunities that information technology provides in its drive to enhance employees’ skills, knowledge and abilities that will invariably improve the service performance. Yet, the service should imbibe the prescripts of New PublicManagement theory (NPM, and that goals and targets should be defined and measurable as indicators of organizational performance.

Gender differences in occupational mobility and structure of employment in the British Civil Service.

Science.gov (United States)

Roberts, R; Brunner, E; White, I; Marmot, M

1993-12-01

In all industrialized societies health status in adults has been found to vary with social position. Attempts to explain this are usually grouped under headings of artefact, material, lifestyle and selective mobility of the healthiest. Such attempts have to date been unsuccessful in fully accounting for this relationship, and whilst they have merit have left unconsidered the effects of the process whereby social stratification occurs. The present study is a prelude to subsequent studies that will endeavour to distinguish between three separate influences on health--the effects of current social position, the long term effects stemming from one's initial class position, and the effects of the processes governing mobility. The purpose of our present investigation is to describe patterns of occupational mobility, that will enable us to identify possible predictors of subsequent mobility and therefore to indicate to what extent mobility might be a process governed by social rules. The work presented in this paper comprises part of the Whitehall II study of occupational, social and lifestyle influences upon health in a Civil Service population. Using multiple regression techniques almost half the variation in mobility is modelled in terms of educational level, fathers' social class, gender, marital status, age on entry into the Civil Service, length of time in Civil Service employment and grade of entry into the Civil Service. Using estimates derived from this model it is suggested that a number of sub-groups within the Civil Service suffer adverse mobility (mobility appears particularly restricted for women and for those entering the Civil Service above 30 years of age). The results obtained suggest that the issue of obstructed opportunity at the workplace could become a focus for fruitful investigation, linking issues of personal autonomy, expectations and control to health. A number of methodological problems in this kind of work are considered together with

Governing Civil Service Pay in China, by Alfred M. Wu. Copenhagen: NIAS Press, 2014. xvi+236 pp

DEFF Research Database (Denmark)

Brødsgaard, Kjeld Erik

2016-01-01

Book review of: Governing Civil Service Pay in China by Alfred M. Wu. Copenhagen: NIAS Press, 2014.......Book review of: Governing Civil Service Pay in China by Alfred M. Wu. Copenhagen: NIAS Press, 2014....

Introducing Union Representation and Its Complexities – A Case Study of the Royal Thai Civil Service

Directory of Open Access Journals (Sweden)

Maarten Pontier

2016-01-01

Full Text Available This paper deals with the result of the recognition under the ILO Conventions 87 and 98 of the freedom of association and subsequent introduction of union representation in the Royal Thai civil service. As a consequence, the Royal Thai Government has changed the Constitution to allow for union representation in its civil service. A decree has been drafted and focus groups have been interviewed to establish the views of a cross-section of civil servants on their expectations and desires in being allowed to form and join a union. The paper discusses the approach taken to union representation in terms of collective bargaining versus joint consultation and centralization versus decentralization and the discourse that has surfaced as a result of the interviews between the policy makers and civil servants, particularly with regard to its context of a high power distance culture. The analysis provides the best practice and effective approach to the introduction of union representation within the Thai Civil Service.

78 FR 55257 - Patient Safety and Quality Improvement: Civil Money Penalty Inflation Adjustment

Science.gov (United States)

2013-09-10

... DEPARTMENT OF HEALTH AND HUMAN SERVICES Patient Safety and Quality Improvement: Civil Money... Civil Rights has determined that an adjustment to the maximum civil money penalty amount for violations... confidentiality and privilege protections of Patient Safety Work Product (PSWP), and procedures for enforcement...

PROTECTION OF RIGHTS UNDER RUSSIAN CIVIL LAW IN A COMPARATIVE CONTEXT

Directory of Open Access Journals (Sweden)

D. Karkhalev

2016-01-01

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

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…

Beyond the Playing Field: Jackie Robinson, Civil Rights Advocate. Lesson Plan.

Science.gov (United States)

National Archives and Records Administration, Washington, DC.

This packet provides primary source documents and lesson plans relating to the study of Jackie Robinson as a civil rights advocate. The legendary baseball player, Jack Roosevelt Robinson, was the first black man to "officially" play in the big leagues in the 20th century. Jackie Robinson was not only a stellar baseball player, but he…

Globalisation and health inequalities: can a human rights paradigm create space for civil society action?

Science.gov (United States)

London, Leslie; Schneider, Helen

2012-01-01

While neoliberal globalisation is associated with increasing inequalities, global integration has simultaneously strengthened the dissemination of human rights discourse across the world. This paper explores the seeming contradiction that globalisation is conceived as disempowering nations states' ability to act in their population's interests, yet implementation of human rights obligations requires effective states to deliver socio-economic entitlements, such as health. Central to the actions required of the state to build a health system based on a human rights approach is the notion of accountability. Two case studies are used to explore the constraints on states meeting their human rights obligations regarding health, the first drawing on data from interviews with parliamentarians responsible for health in East and Southern Africa, and the second reflecting on the response to the HIV/AIDS epidemic in South Africa. The case studies illustrate the importance of a human rights paradigm in strengthening parliamentary oversight over the executive in ways that prioritise pro-poor protections and in increasing leverage for resources for the health sector within parliamentary processes. Further, a rights framework creates the space for civil society action to engage with the legislature to hold public officials accountable and confirms the importance of rights as enabling civil society mobilization, reinforcing community agency to advance health rights for poor communities. In this context, critical assessment of state incapacity to meet claims to health rights raises questions as to the diffusion of accountability rife under modern international aid systems. Such diffusion of accountability opens the door to 'cunning' states to deflect rights claims of their populations. We argue that human rights, as both a normative framework for legal challenges and as a means to create room for active civil society engagement provide a means to contest both the real and the

The Civil Service Reform in the Context of Sustainable Development. A Comparison between Romania and Italy

Directory of Open Access Journals (Sweden)

Bogdan BERCEANU

2015-09-01

Full Text Available In the last decade the public administration system from most of the EU countries suffered many transformations in order to achieve the objectives proposed by the European Union, such as sustainable development. The civil service represented and still is a very important key factor for a success reformation of the administrative system, because it represents the main resource of the system. The analysis underlines the introduction of the public manager in the Romanian civil service hierarchy and the introduction of the concept dirigenza pubblica, a type of public management, in the Italian public administration. Moreover, we will present the introduction of the dirigente pubblico, public manager, in the Italian civil service system.

Glorious Burdens: Teaching Obama's History and the Long Civil Rights Movement

Science.gov (United States)

Slate, Nico

2011-01-01

As a young child, Barack Obama learned about the civil rights movement from his mother. Obama's mother strove to instill in her multiracial son pride in being more than just literally African American. There is much to learn from Obama's history, understood both as the story of his life and as what Obama himself has said about his past and the…

"This Has Been Quite a Year for Heads Falling": Institutional Autonomy in the Civil Rights Era

Science.gov (United States)

Williamson, Joy Ann

2004-01-01

Historically Black Colleges and Universities (HBCUs) and their students played a pivotal part in the Civil Rights Movement of the 1950s and early 1960s. Private HBCUs, in particular, provided foot soldiers, intellectual leadership, and safe places to meet and plan civil disobedience. Their economic and political autonomy from the state enabled the…

39 CFR 230.26 - Do these rules affect the service of process requirements of the Federal Rules of Civil Procedure...

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Do these rules affect the service of process....26 Do these rules affect the service of process requirements of the Federal Rules of Civil Procedure... Rules of Civil Procedure regarding service of process. ...

Civil-Military Relations and Gen. Maxwell Taylor: Getting It Right and Getting It Wrong

National Research Council Canada - National Science Library

Tart, Randal

1997-01-01

... are paid. In the first situation, Taylor got his civil-military relations right, even though he fought a losing battle with President Eisenhower over Ike's dangerous defense strategy of 'massive retaliation...

76 FR 32241 - Civil Service Retirement System; Present Value Factors

Science.gov (United States)

2011-06-03

... in the economic assumptions adopted by the Board of Actuaries of the Civil Service Retirement System... data to the Board of Actuaries, care of Gregory Kissel, Actuary, Office of Planning and Policy Analysis...- 335, based on changed economic assumptions adopted by the Board of Actuaries of the CSRS. Those...

Human Rights and the Global Fund to Fight AIDS, Tuberculosis and Malaria: How Does a Large Funder of Basic Health Services Meet the Challenge of Rights-Based Programs?

Science.gov (United States)

Jürgens, Ralf; Csete, Joanne; Lim, Hyeyoung; Timberlake, Susan; Smith, Matthew

2017-12-01

The Global Fund to Fight AIDS, Tuberculosis and Malaria was created to greatly expand access to basic services to address the three diseases in its name. From its beginnings, its governance embodied some human rights principles: civil society is represented on its board, and the country coordination mechanisms that oversee funding requests to the Global Fund include representatives of people affected by the diseases. The Global Fund's core strategies recognize that the health services it supports would not be effective or cost-effective without efforts to reduce human rights-related barriers to access and utilization of health services, particularly those faced by socially marginalized and criminalized persons. Basic human rights elements were written into Global Fund grant agreements, and various technical support measures encouraged the inclusion in funding requests of programs to reduce human rights-related barriers. A five-year initiative to provide intensive technical and financial support for the scaling up of programs to reduce these barriers in 20 countries is ongoing.

Changing Landscapes in Documentation Efforts : Civil Society Documentation of Serious Human Rights Violations

NARCIS (Netherlands)

Mc Gonigle, B.N.

2017-01-01

Wittingly or unwittingly, civil society actors have long been faced with the task of documenting serious human rights violations. Thirty years ago, such efforts were largely organised by grassroots movements, often with little support or funding from international actors. Sharing information and

Challenges of regulatory rights of half-capacitated persons: A sociological perspective on the French Civil Code reform.

Science.gov (United States)

Eyraud, Benoît

2016-01-01

Democratic societies are based on the principle of equal legal capacity of all citizens to decide and act for themselves in all areas of social life. This "socio-civil capacity", which may involve both material property of an individual, as well as private life in matters ranging from health to personal relationships, is recognized by the law (both codified law and common law). These rights guarantee the autonomy and freedom of individuals in the name of respect for human dignity. Civil capacity of a person is legally diminished because his or her "natural" abilities, capacity, or competence are reduced. Recent social changes have lead to increased uses of legal measures of protection. The reasons for these changes are complex and they are accompanied by legislative reforms that modify the rights of half-capacitated persons. In this article, we examine certain issues of civil capacity rights based on the French example. We start present a perspective of the historical definition and practice of these rights as well as their democratization. Copyright © 2016. Published by Elsevier Ltd.

Challenges To Reducing Discrimination And Health Inequity Through Existing Civil Rights Laws.

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-06-01

More than fifty years after the passage of the Civil Rights Act of 1964, health care for racial and ethnic minorities remains in many ways separate and unequal in the United States. Moreover, efforts to improve minority health care face challenges that differ from those confronted during de jure segregation. We review these challenges and examine whether stronger enforcement of existing civil rights legislation could help overcome them. We conclude that stronger enforcement of existing laws-for example, through executive orders to strengthen enforcement of the laws and congressional action to allow private individuals to bring lawsuits against providers who might have engaged in discrimination-would improve minority health care, but this approach is limited in what it can achieve. Complementary approaches outside the legal arena, such as quality improvement efforts and direct transfers of money to minority-serving providers-those seeing a disproportionate number of minority patients relative to their share of the population-might prove to be more effective. Project HOPE—The People-to-People Health Foundation, Inc.

The occurence of right and responsibilities of trastee in relation to the minors, and persons wich are limited in civil capasity in accordence with the Civil Code of Ukraine

Directory of Open Access Journals (Sweden)

В. В. Надьон

2015-11-01

Full Text Available Problem setting. In accordance with the Civil Code of Ukraine guardianship and trusteeship are established to provide personal non-property and property rights and interests of minors, and adult persons who for health reasons can not independently exercise their rights and responsibilities (article 55 of the Civil Code. The main difference between guardianship and trusteeship is in the volume of civillaw responsibilities which the law imposes on Trustees and Guardians, based on the volume capacity and the health status of their wards. Thus, the trustee is appointed over the minor and persons wichare incapasitated individual, the trustee, the guardian is appointed over minors and individuals that have limited civil capacity. The Civil Code of Ukraine pays considerabl attention to the guardian's responsibilities, which include: 1 to care for a ward, about his education, training and development, to create the necessary living conditions; 2 to provide that minors and persons limited civil capacity of care and treatment; 3 to provide the necessary conditions for obtaining a General secondary education; 4 to take measures to protect civil rights and interests; 5 once a year to carry out a full medical examination; 6 to determine the place of residence of the ward person. To the rights of the Guardian in the legislation: 1 to demand in court the return of his child under his guardianship from any person who illegally hold on to it; 2 live together with the ward and can be registered on a residential square, the latter for the period of their responsibilities execution; 3 to manage the assets of the ward; 5 may be voluntarily released from fulfillment of the assumed obligations

Women in History--Marian Wright Edelman: Crusader for Civil and Children's Rights

Science.gov (United States)

Mills, Shirley J.

2006-01-01

This article profiles Marian Wright Edelman, a crusader for civil and children's rights. She was born June 6, 1939, at a time when prejudice and segregation were the norm. The Wright family lived in a small, southern town of Bennetsville, South Carolina, where Marian was the youngest of five children. Her father, the Reverend Arthur Jerome Wright,…

Fourth National NEA/PR&R Conference on Civil and Human Rights in Education.

Science.gov (United States)

National Education Association, Washington, DC. Commission on Professional Rights and Responsibilities.

The fourth conference dedicated itself to the topic "The Treatment of Minorities in Textbooks," intending to give educators, publishers, civil rights leaders, and government officials an unbiased understanding of textbook problems. Participants learned from each other and gained insight into differing points of view, stimulating cooperative team…

Human Resources Management within Civil Service

Directory of Open Access Journals (Sweden)

Victor Teodor Alistar

2012-12-01

Full Text Available The main objective of this article is to examine the notion of management, as an area of study which analyses, regulates and renders the theoretical and technical support in order to provide rationality within the processes that unfold in the civil service. In order to accomplish this task, human resources management will be analyzed as a process which relies in exerting four main functions: ensuring, developing, motivating and maintaining the human resources, which are conditioned by external factors that must be taken into consideration, such as: legislative framework, labor force, unions, cultural context (here one includes management practices and philosophy, and economic circumstances. All these factors are considered to have a significant impact on the management of human resources.

The Use of Passive Resistance During the Civil Rights Movement: an Interpretation

Directory of Open Access Journals (Sweden)

Karatzas Konstantinos D.

2016-04-01

Full Text Available The roots of nonviolent direct action and the development into a powerful method of persuasion and coercion will be explored in an attempt to explain its distinctive role in the Civil Rights Movement. The paper will focus on the participation of the three actions, the political, the legal and the passive, in the victorious moments of the Movement.

Psychological Well-Being Among Women Who Experienced Intimate Partner Violence and Received Civil Legal Services.

Science.gov (United States)

Renner, Lynette M; Hartley, Carolyn Copps

2018-05-01

Intimate partner violence (IPV) victimization is often associated with negative mental health outcomes; yet, little is known about the psychological well-being of women who experience IPV and receive civil legal services. Civil legal services are not specifically designed to focus on women's mental health needs but Sullivan's Social and Emotional Well-Being Framework helps to explain why women receiving this type of formal assistance may demonstrate positive changes in psychological well-being. Using a panel study design and data from 85 women who experienced IPV and sought civil legal services, we examined women's psychological well-being over a one-year period of time. Approximately two thirds of the women received assistance from Iowa Legal Aid (ILA) for a civil protective order ( n = 56) and the rest were represented in a family law matter. We used measures of mental health (depression, posttraumatic stress disorder [PTSD]) and well-being (social support, resilience, goal directed thinking, empowerment). Our hypotheses that women would experience a decrease in mental health symptoms and an increase in well-being were partially supported. Women reported a decrease in depressive and PTSD symptoms over one year but there were no changes in their goal-oriented thinking or resilience. Implications for practice and future research are included.

La Funció Pública Europea - La función pública europea - The Civil Service in Europe

Directory of Open Access Journals (Sweden)

Laure Levi

2012-12-01

europeas esperan que su personal respete las altas normas profesionales y éticas. El estatuto establece y organiza los derechos y obligaciones de los funcionarios. También organiza el régimen disciplinario, es decir, el régimen que se aplica cuando un funcionario —o antiguo funcionario— ignora sus obligaciones profesionales, ya se haya cometido la falta voluntariamente o por negligencia.The European civil service is made up, on the one hand, of European civil servants who are governed by a statute, and agents working under public law employment contract. The statute, which is the main foundation for the European civil service, is aimed at regulating the legal relations between the institutions and their employees by establishing a set of reciprocal rights and obligations between the two.  The civil servants and agents thus have rights that are provided for under the statute and primary law (such at the right to defense, the right to have the grounds for a decision stated, freedom of expression, freedom of association, and the respect for their private and family lives.  However, they also have certain duties and obligations the violation of which can lead to disciplinary sanctions and termination of employment. European institutions expect their staff to abide by a high standard of  professional and ethical norms. The statute formulates and organizes civil servants´ rights and obligations. In addition, it organizes disciplinary procedures, i.e., the procedures applied when a civil servant, or former civil servant, disregards his professional obligations, regardless of whether this misconduct is voluntary or through negligence.

Civil Rights for Trafficked Persons: Recommendations for a More Effective Federal Civil Remedy

OpenAIRE

Shannon Lack

2008-01-01

In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA) was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its...

“Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation

Directory of Open Access Journals (Sweden)

Alex J. Luchenitser

2016-09-01

Full Text Available Over the last half-decade, there has been an explosion in the United States of lawsuits in which claims to religious liberty have been used to justify abridging the civil rights of women, LGBTQ people, and other minorities. This article surveys such litigation in several areas: health-insurance coverage, healthcare services, marriage-related services, employment, and housing. For each area, the article analyzes recent litigation, compares it to earlier activity (if any, and discusses the kinds of arguments that have been made, how courts have responded to them, and how such arguments are likely to fare in the future. The article concludes that the ultimate fate of many of these kinds of cases will likely be determined by who the next member is of a U.S. Supreme Court that is currently split four-four between social liberals and conservatives.

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

Science.gov (United States)

Rosenbaum, Sara; Schmucker, Sara

2017-10-01

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

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

Directory of Open Access Journals (Sweden)

Camelia STOICA

2013-06-01

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

Teaching Young Children about the Civil Rights Movement: Applying Effective & Developmentally Appropriate Strategies

Science.gov (United States)

Foster, Janet E.; Root, Tonja L.; Lee, Seungyoun

2015-01-01

Considering the importance of the Civil Rights Movement, children need to be introduced to the related concepts early in their school experiences, and teachers need to consider students' developmental needs and curriculum standards in order to provide appropriate content and methods of instruction. The purpose of this article is to introduce a…

Civil Service Reform in Ghana: A Case Study of Contemporary ...

African Journals Online (AJOL)

Civil Service Reform in Ghana: A Case Study of Contemporary Reform Problems in Africa. Joseph R.A Ayee. Abstract. (A. J. of Political Science: 2001 6(1): 1-41). Full Text: EMAIL FULL TEXT EMAIL FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · http://dx.doi.org/10.4314/ajps.v6i1.27319 · AJOL African ...

The Use of Drones and Human Rights: Particular Focus on the International Covenant on Civil and Political Rights Articles 2, 6, 12, 17 and 21

OpenAIRE

Rizwani, Muhammad Saqib

2013-01-01

The topic of this thesis is how the use of drone technology relates to the international human rights law regime. Particular focus is on the International Covenant on Civil and Political Rights Articles 2, 6, 12, 17 and 21.

The Third-Order Multiculturalism: Civil Rights, Diversity, and Equality in Korea's Multicultural Education

Science.gov (United States)

Kim, Joon K.

2014-01-01

This paper examines the politics of South Korea's multicultural discourse and locates its recent development in the context of a broader analytical discussion about multiculturalism. Utilizing the historical experience of the USA, this paper identifies the three orders of multiculturalism. Up until the civil rights movement of the 1950s and 1960s,…

Discrimination, developmental science, and the law: addressing dramatic shifts in civil rights jurisprudence.

Science.gov (United States)

Levesque, Roger J R

2014-01-01

The civil rights movement fostered dramatic shifts in legal responses to discrimination based on race, gender, and a host of other group characteristics. The legal system now evinces yet another dramatic shift, as it moves from considering difference to focusing on neutrality, from efforts that seek to counter subjugation to those that adopt a "color-blind" approach. The shifting approach already has reached laws regulating responses to the group that spurred massive civil rights reform: minority youth. The shift requires a different body of empirical evidence to address it and a new look at equality jurisprudence. This article notes the need to turn to the current understanding of prejudice and discrimination for guidance, and uses, as illustration, developmental science to shed light on the development, manifestation, and alleviation of invidious discrimination. Using that understanding, the analysis details how the legal system can benefit from that research and better address discrimination in light of dramatic changes in law. The article articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers through multiple sites of inculcation, ranging from families, schools, health and justice systems to religious and community groups. The discussion concludes with brief suggestions for reform benefiting from understandings of prejudice and its expression. (c) 2014 APA, all rights reserved.

Citizenship beyond politics: the importance of political, civil and social rights and responsibilities among women and men.

Science.gov (United States)

Bolzendahl, Catherine; Coffé, Hilde

2009-12-01

Previous research has suggested that men are more engaged as citizens than are women. Yet, little is known about gender cleavages across a variety of citizenship norms. To what extent do men and women define citizenship differently? To address that question, this study examines the importance men and women assign various citizenship rights and responsibilities using 2004 ISSP data from 18 Western, industrialized nations. Using a disaggregated approach to understanding definitions of citizenship, we examine political, civil, and social rights and responsibilities. After controlling for a variety of demographic and attitudinal influences, we find that men and women are not different in their views regarding the importance of political responsibilities. However, women do view political rights as significantly more important than do men. Further, in comparison to men, women view both civil and social responsibilities and rights domains as significantly more important.

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

International Nuclear Information System (INIS)

Mutius, A. von.

1984-01-01

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

The law of the international civil service institutional law and practice in international organisations

CERN Document Server

Ullrich, Gerhard

2018-01-01

Gerhard Ullrich provides an overall review of the employment law of international intergovernmental organisations. In the first part of the book, he explains the basics of employment law and provides statistical data. He comments extensively on the privileges and immunities of international officials. The core of the book is dedicated to the examination of the legal sources for international civil service law. Here, the international administrative tribunals' case law on the general principles of law occupies a particularly broad area. A second legal source are the structures and elements of the statutory employment in international organisations. The author finally comments on the system of legal protection for the staff of the international civil service.

75 FR 60757 - Office for Civil Rights; Statement of Organization, Functions, and Delegations of Authority

Science.gov (United States)

2010-10-01

... of Organization, Functions, and Delegations of Authority The Office for Civil Rights (OCR) has... regional operations. Part A, Office of the Secretary, Statement of Organization, Functions, and Delegations... management; (5) human resources activities, including position management, workforce planning, employee...

Fundamental Rules of Civil Procedure : The Tuning of the Federal Constitution and the New Code of Civil Procedure in The Guarantee and Protection of Fundamental Rights

Directory of Open Access Journals (Sweden)

Fernanda Sell de Souto Goulart Fernandes

2016-10-01

Full Text Available On  March  16th,  2015  was  enacted  Law  13,105.  Known  for  having  the  intention  to democratize the process, the new Civil Procedure Code innovated in many ways, and one of those that highlights is the introduction on the legal text of the Procedure Constitutional Principles, already provide in the Constitution. The legislator's attitude positivate in the Ordinary   legislation   the   constitutional   principles   only   embodies   the   wave   of constitutionalization of rights. And the Civil Procedure could not be averse to this trend. Thus, this article aims to analyze the basic rules of civil procedure.

A moral justification for gay and lesbian civil rights legislation.

Science.gov (United States)

Samar, V J

1994-01-01

This essay explores, in two parts, the problems of justifying civil rights legislation for gays, lesbians, and bisexuals. Part I shows that discrimination against gays and lesbians at least in respect to employment, housing, and public accommodations is an evil unsupported by ethical traditions in utilitarianism, rights theory, and communitarianism. It also shows that two theories, Kantian theory and natural law theory, which do support such discrimination on the claim that homoerotic behavior is universally or objectively immoral only do so because of a failure to make precise the concept of "natural" which underlies those theories. Part II argues that anti-discrimination legislation is both an appropriate and effective means to promote the idea that discrimination against lesbians and gays in respect to most employment, housing, and public accommodations is sufficiently injurious to both individuals and society that it should not be tolerated. The section also explains how such legislation might succeed practically in eliminating discrimination in these areas.

Human Rights and Health Services

DEFF Research Database (Denmark)

Skitsou, Alexandra; Bekos, Christos; Charalambous, George

2016-01-01

Background: It has been observed that health services provided to certain patients in Cyprus do not fully meet their human rights. Objective: This study was conducted to identify the main shortcomings of the Health System in Cyprus. Methodology: The relevant administrative decisions of the Ombuds......Background: It has been observed that health services provided to certain patients in Cyprus do not fully meet their human rights. Objective: This study was conducted to identify the main shortcomings of the Health System in Cyprus. Methodology: The relevant administrative decisions...... and their families to be essential. Conclusions: The paper concludes that implementing guidelines in accordance with international best practices, the establishment of at-home treatment and nursing facilities, counseling the mentally ill in a way that promotes their social integration and occupational rehabilitation......, ongoing education of health professionals along with relevant education of the community and the broad application of triage in the emergency departments will all contribute to delivering health services more effectively. Keywords: Cyprus, health services, patient rights...

78 FR 672 - Civil Monetary Penalties

Science.gov (United States)

2013-01-04

... Part 3560 RIN 0575AC93 Civil Monetary Penalties AGENCY: Rural Housing Service, USDA. ACTION: Proposed rule. SUMMARY: The Rural Housing Service (RHS or Agency) proposes to implement two civil monetary... civil monetary penalties under the authority of 42 U.S.C. 1490s (section 543 of the Housing Act of 1949...

Collaborative family health care, civil rights, and social determinants of health.

Science.gov (United States)

Mauksch, Larry B; Fogarty, Colleen T

2017-03-01

Social and economic disadvantage and civil rights infringement, worsens overall health (Adler, Glymour, & Fielding, 2016; McGowan, Lee, Meneses, Perkins, & Youdelman, 2016; Teitelbaum, 2005). While addressing these challenges is not new, there is reason to believe that the administration of Donald Trump and a republican majority in congress will exacerbate these challenges and their effects. How can collaborative family health care (CFHC) practitioners and our field help? The editors pondered this question and also asked a selection of leaders in the field. The editors will first share their ideas about the potential of CFHC to make a difference in daily interactions with patients. Next, they will identify key areas of risk and vulnerability. Finally, using the contributions of respected colleagues, they will propose a partial agenda for CFHC clinicians and the field. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

The Research of China's Civil Aviation Passenger Multi-Channel Service Technology Platform

Science.gov (United States)

Zhibing, Xue; Xinming, Wang

IATA is promoting Simplifying the Business. The traditional passenger services and business process, such as ticketing, airport counters, had a great influence. The airlines have the passenger service and convenience as the next product development requirements. With civil aviation industry and their company's products construction, the authors propose a solution of passenger multi-channel service product platform. The solution is to streamline the business as the breakthrough point, around the convenience of passengers travel services to travelers as the center, using the current mainstream and the latest IT technology to establish passenger service product platform. The solution will promote DCS e-ticketing business development and service channel diversity. In this paper, the research results have been applied in the product platform construction of the authors' company. The practice shows that through traditional business with the latest IT technologies, traditional passenger services into the emerging service model, passenger service product platform has strong advantages and characteristics. Based on the platform, various types of service products is growing rapidly.

Criminal law repercussions on the Civil Protection System

Science.gov (United States)

Altamura, M.; Musso, L.

2009-09-01

The legal systems of our Countries provide the citizenship with a high level of protection. Personal safety and the protection of property are guaranteed by the State through organized structures among which we can include the Civil Protection. The progress of science and technology has greatly improved monitoring tools, currently used by the Civil Protection, which allow, to a certain extent, to predict and prevent risk and natural hazards. The assertion of an individual right, which in some cases has reached a constitutional rank, to benefit from Civil Protection services and the widespread perception throughout the citizenship of the competence of the system to prevent disasters, often causes people to take legal action against Civil Protection authorities should they fail in their duties to protect. However, the attempt of having both recognized an economic compensation for the suffered loss and the punishment of those whom misled, frequently undergoes criminal law. This process could have results that may jeopardize the effectiveness of Civil Protection service without meeting citizens’ demands. A dual effort is thus necessary in order to solve such a problem. On the one hand, an interdisciplinary knowledge needs to pervade criminal law in an attempt to relieve its self-referentiality and pretended supremacy. On the other hand an alternative, and more agile, system -such as civil or administrative law- has to be identified in order to respond to the legitimate requests for protection in the case of a faulty behaviour of the authorities.

Negotiating Rights : Building Coalitions for Improving Maternal ...

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

Negotiating Rights : Building Coalitions for Improving Maternal Health Services ... the state of maternal health in the country reflects poorly on public health priorities. ... A number of international agencies and civil society organizations are ...

Transformative Empowerment in the Lagos State Civil Service: A Gender Policy Discourse

Directory of Open Access Journals (Sweden)

Felicia A.D. Oyekanmi

2016-06-01

Full Text Available Transformation means positive change to new values and direction. This research is concerned with the relationship between empowerment processes that are transformatory and gender equality in the workplace. Its scope includes integrating a transformatory view into women’s and men’s consciousness and autonomy over their career, education and health. This research adopted a case-study approach by using the Ministries of Education, Health, Establishment, Training and Pensions and the Civil Service Commission in Lagos State, employing a combination of qualitative and quantitative research methods as its empirical research methodology. The field work was carried out in Lagos State in the months of June and July, 2014 while the interview was in July and August, 2014. This study demonstrated that gender-blind policies disempower women and perpetuate gender inequalities in the Lagos State Civil Service. Further, it shows that the manifestation of transformatory empowerment is jeopardised by women and men's compliance with the existing expectations and inaction to bring about changes in policies and practices that are detrimental to the attainment of gender equality in the work place.

Leveraging Conflict to Achieve Advances in Civil Rights: Community Leadership--An Unfinished Work for Educators

Science.gov (United States)

Canfield-Davis, Kathy; Gardiner, Mary E.

2017-01-01

The purpose of this research was to identify community leadership praxis of an activist for Lesbian, Gay, Bi-sexual and Transgender civil rights in community housing, employment and public accommodations. The qualitative single-case study included data from city council meetings, interviews with Tony Stewart, the community leader/activist, other…

32 CFR 700.822 - Delivery of personnel to civil authorities and service of subpoena or other process.

Science.gov (United States)

2010-07-01

... service of subpoena or other process. 700.822 Section 700.822 National Defense Department of Defense... personnel to civil authorities and service of subpoena or other process. (a) Commanding officers or other... service of subpoenas or other process as provided by the Manual of the Judge Advocate General. ...

Prières et service public Prayers and the civil service

Directory of Open Access Journals (Sweden)

Gilles J. Guglielmi

2009-04-01

Full Text Available La marque de la séparation des Eglises et de l’Etat semble en France suffisamment forte pour que les points de contact entre service public et prière soient rares et plutôt indirects, à partir de comportements qui n’ont en général pas pour objet d’opposer le seul acte de prière aux normes juridiques et sociales environnantes. Néanmoins à partir des systèmes juridiques et des pratiques d’autres pays d’Europe, les arrêts pragmatiques de la Cour européenne des droits de l'homme révèlent une retenue comparable, même si leur fondement est nécessairement différent.Dans son ensemble, la jurisprudence de la Cour permet de constater que les Etats membres du Conseil de l’Europe ont parfois à l’égard de la prière des attitudes restrictives qui dépendent soit d’une sorte de protection de la religion dominante par rapport aux cultes minoritaires, soit d’un refus implicite de l’athéisme. En revanche, la notion de service public, n’étant pas universellement reconnue en Europe, ne fournit pas un cadre de raisonnement juridique signifiant dans les arrêts, ce qui ne permet d’identifier les rapports entre prières et service public que par le biais du contexte dans lequel se produisent les actes de prière.The mark of the separation between the Church and the State seems sufficiently strong in France so that the points of contact between the civil service and prayer are rare and rather indirect, starting with behaviours which do not have in general aim to oppose the sole act of prayer to the legal and social standards surrounding (First part. Nevertheless the legal systems and practices of other countries of Europe reveal the pragmatic judgements of the European Court of Human Rights and their comparable reserve, even if their base is necessarily different (Second part.As a whole, the decisions of the Court make it possible to note that the Member States of the Council of Europe sometimes have restrictive attitudes

Carrying on the Good Fight: Summary Paper from Think Tank 2000--Advancing the Civil and Human Rights of People with Disabilities from Diverse Cultures.

Science.gov (United States)

National Council on Disability, Washington, DC.

This paper summarizes a May 2000 conference about advancing the civil and human rights of people with disabilities from diverse cultures. The conference included people with disabilities from diverse cultures and members of national civil rights organizations. The conference identified five priority areas for attention: (1) cultivating leadership…

Civil society sphericules

DEFF Research Database (Denmark)

Tufte, Thomas

2014-01-01

the organization strategizes about and seeks to articulate amongst Tanzanian youth. Situated in the ‘perverse confluence’ (Dagnino, 2011) between neoliberal and radical democratic agendas in the communicative practices of civil society-driven media platforms, Femina navigates between identities as an NGO, a social...... movement and a media initiative. In the context of the growing literature on social networking sites and their affordances, dynamics and structures, the case of Femina illustrates how a civil society sphericule emerges within the dynamic co-evolution of new and old media platforms. The study is furthermore...... an example of the difficult shift in civil society practice, from service provision to an agenda of public service monitoring, social accountability and community engagement....

Classification, Social Contracts, Obligations, Civil Rights, and the Supreme Court: Sutton v. United Air Lines.

Science.gov (United States)

Turnbull, H. Rutherford, III; Stowe, Matthew J.

2001-01-01

This article analyzes the 1999 decision of the U.S. Supreme Court, Sutton v. United Air Lines, as it pertains to people with disabilities, especially students covered by federal education and civil rights legislation. It sets out implications of the decision for special and general educators as they engage in Individualized Education Program…

5 CFR 919.920 - Civil judgment.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Civil judgment. 919.920 Section 919.920 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.920 Civil judgment. Civil judgment...

78 FR 47018 - Civil Service Retirement System and Federal Employees' Retirement System; Opportunity for...

Science.gov (United States)

2013-08-02

... System; Opportunity for Annuitants to Elect Survivor Annuity Benefits for Same-Sex Spouses AGENCY: Office... survivor annuities for their spouses under the Civil Service Retirement System (CSRS) and Federal Employees... survivor annuities for their spouses based on their recognized marital status. FOR FURTHER INFORMATION...

The Impact of Organizational Politics on The Effectiveness of Management Development In The Kenya Civil Service

Directory of Open Access Journals (Sweden)

Professor Roselyne W. Gakure

2013-07-01

The study found that managers were fully aware of the political context of the civil service but they did not think that Organizational Politics affected key management areas and felt that their supervisors supported them and ensured they were clear about their roles. They however thought that Organization Politics affected social relations at the workplace significantly. The study concluded that practices like performance contracting had reduced negative impacts and ensured that managers were clear on what was expected of them. The effect of politics on social relationships could be the reason for the ‘silo mentality’ pervading the civil service interfering with learning from each other, limiting benchmarking of successful interventions and resulting in duplication of effort that interferes with effective service delivery. The study recommends that the Government addresses the impact of politics on social relationships to improve work based learning through internal bench marking.

Linking Health System Responsiveness to Political Rights and Civil Liberties: A Multilevel Analysis Using Data From 44 Countries.

Science.gov (United States)

Witvliet, Margot I; Stronks, Karien; Kunst, Anton E; Mahapatra, Tanmay; Arah, Onyebuchi A

2015-01-01

Responsiveness is a dimension of health system functioning and might be dependent upon contextual factors related to politics. Given this, we performed cross-national comparisons with the aim of investigating: 1) the associations of political factors with patients' reports of health system responsiveness and 2) the extent to which health input and output might explain these associations. World Health Survey data were analyzed for 44 countries (n = 103 541). Main outcomes included, respectively, 8 and 7 responsiveness domains for inpatient and outpatient care. Linear multilevel regressions were used to assess the associations of politics (namely, civil liberties and political rights), socioeconomic development, health system input, and health system output (measured by maternal mortality) with responsiveness domains, adjusted for demographic factors. Political rights showed positive associations with dignity (regression coefficient = 0.086 [standard error = 0.039]), quality (0.092 [0.049]), and support (0.113 [0.048]) for inpatient care and with dignity (0.075 [0.040]), confidentiality (0.089 [0.043]), and quality (0.124 [0.053]) for outpatient care. Positive associations were observed for civil liberties as well. Health system input and output reduced observed associations. Results tentatively suggest that strengthening political rights and, to a certain extent, civil liberties might improve health system responsiveness, in part through their effect on health system input and output. © The Author(s) 2015.

Civil defence abroad. Pt. 3: The Warsaw Pact countries

International Nuclear Information System (INIS)

Schirrmeister, K.G.; Hofmann, H.

1988-01-01

Civil defence forms part of the national defence of the G.D.R., and belongs since 1976 to the responsibility of the Defence Ministry. Civil defence service is equal to military service. Civil defence services are organised on a territorial basis and a production-oriented basis: Double concept. Construction of shelters is propagated for 30 years now, maintenance of existing buildings is an obligation since 1965. Principles (triage) of military medical service are applied, and are valid for students and post-graduate medical training. Civil defence training is required in school and industry. Civil defence expenditure is increasing, although there is little acceptance by the population. The issue presents extensive documentation. - Civil defence in the Soviet Union covers services in times of peace and of war. Defence measures are prepared and held up to date in the entire territory. The civil defence service belongs to the responsibility of the Council of Ministers, and the deputy minister of defence is the head of services. The training schedules and principles are laid down by the Central Committee of the Communist Party, the government, and local party organisations and governmental authorities. Civil defence training is a general obligation for all citizens over 8 years of age. The main goal is: Protection of the population as the production force, of the economy, and resources. (orig.) [de

49 CFR 1.70 - Delegations to the Director of the Departmental Office of Civil Rights.

Science.gov (United States)

2010-10-01

...) (codified at 42 U.S.C. 12101-121213). (h) Equal Pay Act of 1963 (enacted as section 6(d) of the Fair Labor... Reorganization Act, 42 U.S.C. 290dd(b). (j) 29 CFR Parts 1600 through 1691 (Equal Employment Opportunity...' enforcement of these authorities. These authorities include: (a) Title VII of the Civil Rights Act of 1964, as...

42 CFR 493.1846 - Civil action.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil action. 493.1846 Section 493.1846 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) STANDARDS AND CERTIFICATION LABORATORY REQUIREMENTS Enforcement Procedures § 493.1846 Civil action. If CMS...

Accessibility to the Public Facilities: A Mean to Achieve Civil Rights of the People with Disabilities in Iran

Directory of Open Access Journals (Sweden)

Roya Ghasemzadeh

2008-09-01

Full Text Available Objectives: Civil rights may cover different aspects of citizens’ lives. All the members of the society should have equal access to the public facilities and public transportation system. Barriers and obstacles in society may limit the accessibility of these facilities to the disabled people. Methods: This article contains a part of the results in a phenomenological study of the Disability Rights. The purpose of this phenomenological study was to describe experiences of disability rights among 11 physically disabled that were living in Tehran, Iran. The study involves secondary analysis of in-depth transcribed interview data, using colazzi’s method. Results: A total of 655 descriptive expressions were categorized in to 25 preliminary structural elements (sub themes. 7 essential structural elements (themes emerged from an analysis of the sub themes. One of these themes was right to access which was emerged from an analysis of 6 sub themes. Discussion: Disabled people who participated in the interviews. These sub themes that were obtained from an analysis of descriptive expressions of the participants, are: right to access to housing, right to access to education and information, right to access to job facilities, right to access to medical care and rehabilitation, right to access to rest, leisure and sport and right to access to places and transportation system. The right to access theme, was then categorized in to the civil rights field. In this article we will describe the right to access as it was experienced by those physically.

Neoliberal drivers in hybrid civil society organizations: Critical readings of civicness and social entrepreneurism

DEFF Research Database (Denmark)

Andersen, Linda Lundgaard

2018-01-01

Civil society organizations (CSOs) and social entrepreneurship take up a significant position in a welfare system in transformation. Voluntarism and civil society have played an important role in the development of the welfare state and its services in Denmark, as in the rest of Scandinavia......, for at least a century. Recently, however, the positioning and context for civic society organiza-tions has changed quite profoundly, due to neoliberal welfare policies and steering regimes. In this chapter, I point to neoliberalism as both a political discourse about the nature of rule, but also a set...... into hybrid organisations rooted in civic society and social entrepreneur-ism: firstly, the human rights subject versus the entrepreneurial labour market subject and sec-ondly, the commodification and performativity of civil services and human growth....

National Health Service Principles as Experienced by Vulnerable London Migrants in "Austerity Britain": A Qualitative Study of Rights, Entitlements, and Civil-Society Advocacy.

Science.gov (United States)

Rafighi, Elham; Poduval, Shoba; Legido-Quigley, Helena; Howard, Natasha

2016-05-08

Recent British National Health Service (NHS) reforms, in response to austerity and alleged 'health tourism,' could impose additional barriers to healthcare access for non-European Economic Area (EEA) migrants. This study explores policy reform challenges and implications, using excerpts from the perspectives of non-EEA migrants and health advocates in London. A qualitative study design was selected. Data were collected through document review and 22 in-depth interviews with non-EEA migrants and civil-society organisation representatives. Data were analysed thematically using the NHS principles. The experiences of those 'vulnerable migrants' (ie, defined as adult non-EEA asylum-seekers, refugees, undocumented, low-skilled, and trafficked migrants susceptible to marginalised healthcare access) able to access health services were positive, with healthcare professionals generally demonstrating caring attitudes. However, general confusion existed about entitlements due to recent NHS changes, controversy over 'health tourism,' and challenges registering for health services or accessing secondary facilities. Factors requiring greater clarity or improvement included accessibility, communication, and clarity on general practitioner (GP) responsibilities and migrant entitlements. Legislation to restrict access to healthcare based on immigration status could further compromise the health of vulnerable individuals in Britain. This study highlights current challenges in health services policy and practice and the role of non-governmental organizations (NGOs) in healthcare advocacy (eg, helping the voices of the most vulnerable reach policy-makers). Thus, it contributes to broadening national discussions and enabling more nuanced interpretation of ongoing global debates on immigration and health. © 2016 by Kerman University of Medical Sciences

47 CFR 90.411 - Civil defense communications.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 5 2010-10-01 2010-10-01 false Civil defense communications. 90.411 Section 90... PRIVATE LAND MOBILE RADIO SERVICES Operating Requirements § 90.411 Civil defense communications. The... necessary for the implementation of civil defense activities assigned such station by local civil defense...

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

Science.gov (United States)

Oberlander, Susan

1989-01-01

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

"The 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.

The general clause of right abuse as longa manus function of civil responsibility institute A cláusula geral do abuso de direito como função longa manus do instituto da responsabilidade civil

Directory of Open Access Journals (Sweden)

Franciel Munaro

2007-12-01

Full Text Available The new Civil Code brings the institute of right abuse as a general clause. This clause, through its structural elements, as good-faith, good-customs and the social and economical aims, will find the responsibility of the agent into compensate another person who has overtook the limits of the law. The right abuse institute, however, goes further one to the civil order and the responsibility institute, coming around another fields of the law as well the institute of civil responsibility, matching with another law fields, reason that include a great situations and law probabilities, should be worked as a law principle.O Novo Código Civil traz o instituto do abuso de direito erigido a uma cláusula geral. Esta, através de seus elementos estruturais, como a boa-fé, os bons costumes e os fins econômicos e sociais, determinará a responsabilidade do agente em indenizar outrem caso este ultrapassar os limites do permitido. O instituto do abuso de direito, contudo, extravasa à ordem civil, bem como ao instituto da responsabilidade, permeando por outros campos do direito, fato pelo qual abrange uma vasta gama de situações e probabilidades jurídicas, devendo ser trabalhado como um princípio de direito.

Barack Obama, John Lewis, and the Legacy of the Civil Rights Struggle

Directory of Open Access Journals (Sweden)

Glenn T. Eskew

2012-01-01

Full Text Available The watershed election in 2008 of Barack Obama as the first President of the United States to have African ancestry resulted from the life work of such civil rights activists as U.S. Congressman John Lewis. Born on a sharecropper’s farm in 1940, the African American Lewis grew up in segregated Alabama. As a college student in Nashville, he joined the sit-in protests and volunteered for the original Freedom Ride in 1961. He was elected chairman of the Student Nonviolent Coordinating Committee, becoming the youngest speaker at the March on Washington in 1963. The radical shift to Black ultimately forced Lewis out of SNCC. Consequently Lewis capitalized on the Voting Rights Act of 1965, turned his attentions to voter registration campaigns, and continued working within the system. In 1986 he won election to the U.S. House of Representatives to represent Atlanta’s Fifth Congressional District, a seat he continues to hold today.

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."

Interdits et interdictions dans le droit de la fonction publique Prohibitions in Civil Service Law

Directory of Open Access Journals (Sweden)

Nicolas Guillet

2009-09-01

Full Text Available Dans le droit français de la fonction publique, les interdits découlent de la situation légale et réglementaire faite aux agents publics. Cette situation juridique objective en constitue le fondement et conduit à une forme d’indétermination de leur étendue. Pour autant, l’apparition de la notion de « déontologie du fonctionnaire » laisse apparaître une mutation de la logique d’interdiction. Cette mutation se traduit par une invitation au respect de bonnes pratiques professionnelles mais aussi à une normalisation des comportements des agents publics.In the French law concerning civil service, prohibitions originate in the situation of the civil servants according to law and regulations. This objective legal situation constitutes the basis of these prohibitions and leads to a sort of indetermination in their scope. However the apparition of the concept of “civil servant’s deontology” shows a mutation in the prohibition’s logics. This mutation is translated into an invitation to respect good professional practices but also into a normalisation of the behaviour of civil servants.

45 CFR 61.9 - Reporting civil judgments related to the delivery of a health care item or service.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Reporting civil judgments related to the delivery of a health care item or service. 61.9 Section 61.9 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION HEALTHCARE INTEGRITY AND PROTECTION DATA BANK FOR FINAL ADVERSE INFORMATION...

Co-production of community mental health services: Organising the interplay between public services and civil society in Denmark.

Science.gov (United States)

Vaeggemose, Ulla; Ankersen, Pia Vedel; Aagaard, Jørgen; Burau, Viola

2018-01-01

Co-production involves knowledge and skills based on both lived experiences of citizens and professionally training of staff. In Europe, co-production is viewed as an essential tool for meeting the demographic, political and economic challenges of welfare states. However, co-production is facing challenges because public services and civil society are rooted in two very different logics. These challenges are typically encountered by provider organisations and their staff who must convert policies and strategies into practice. Denmark is a welfare state with a strong public services sector and a relatively low involvement of volunteers. The aim of this study was to investigate how provider organisations and their staff navigate between the two logics. The present analysis is a critical case study of two municipalities selected from seven participating municipalities, for their maximum diversity. The study setting was the Community Families programme, which aim to support the social network of mental health users by offering regular contact with selected private families/individuals. The task of the municipalities was to initiate and support Community Families. The analysis built on qualitative data generated at the organisational level in the seven participating municipalities. Within the two "case study" municipalities, qualitative interviews were conducted with front-line co-ordinators (six) and line managers (two). The interviews were recorded, transcribed verbatim and coded using the software program NVivo. The results confirm the central role played by staff and identify a close interplay between public services and civil society logics as essential for the organisation of co-production. Corresponding objectives, activities and collaborative relations of provider organisations are keys for facilitating the co-productive practice of individual staff. Organised in this way, co-production can succeed even in a mental health setting associated with social stigma

49 CFR 228.21 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 228.21 Section 228.21..., DEPARTMENT OF TRANSPORTATION HOURS OF SERVICE OF RAILROAD EMPLOYEES Records and Reporting § 228.21 Civil... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation, except...

Defense Support of Civil Authorities - Are We Organized Right?

National Research Council Canada - National Science Library

Austin, Joseph

2007-01-01

The Department of Defense (DoD) has a long history of supporting civil authorities in the wake of catastrophic events with specialized skills and assets that can rapidly stabilize and improve the situation...

Accessibility to the Public Facilities: A Mean to Achieve Civil Rights of the People with Disabilities in Iran

OpenAIRE

Roya Ghasemzadeh; Mohammad Kamali; Ali Chabok; Masoud Fallahi Khoshknab; Manuchehr Shirani

2008-01-01

Objectives: Civil rights may cover different aspects of citizens’ lives. All the members of the society should have equal access to the public facilities and public transportation system. Barriers and obstacles in society may limit the accessibility of these facilities to the disabled people. Methods: This article contains a part of the results in a phenomenological study of the Disability Rights. The purpose of this phenomenological study was to describe experiences of disability r...

Experience within the CERN Civil Engineering Group with Outsourced Design Services

CERN Document Server

Watson, T

1998-01-01

In April 1996, CERN awarded three contracts for civil engineering design services associated with the LHC project. The three contracts were awarded to three different joint ventures of firms from five member states. The total bid price for these services was in excess of 35 MCHF and the contracts will run for up to seven years. This paper aims to discuss and analyze the experience gained to date in the management of these contracts. In particular, the paper will address the issues of conditions of contract and specification for this form of contract. Current experience with each of the three consultants will be presented with the areas of difficulty highlighted. Conclusions will be made regarding future use of such contracts and in particular the way in which CERN must change in order to work efficiently with external designers.

Proposal for the increase of the contract amounts for LHC civil engineering construction and civil engineering consultancy contracts

CERN Document Server

2001-01-01

This document concerns the increase of the contract amounts for LHC civil engineering construction contracts and civil engineering consultancy contracts. The Finance Committee is invited to agree to the increase of the contract amounts with: - the joint venture TEERAG-ASDAG (AT), C. BARESEL (DE) and LOCHER (CH) for civil engineering construction, package 1, for a revised total amount of 91 500 000 Swiss francs, subject to revision; - the joint venture EDF (FR) and KNIGHT&PIESOLD (GB) for the provision of civil engineering consultancy services, package 1, for a revised total amount of 14 400 000 Swiss francs, subject to revision; - the joint venture TAYLOR WOODROW (GB), AMEC (GB) and SPIE BATIGNOLLES (FR) for civil engineering construction, package 3a, for a revised total amount of 118 000 000 Swiss francs, subject to revision; - the joint venture BROWN&ROOT (GB), INTECSA (ES) and HIDROTECNICA (PT) for the provision of civil engineering consultancy services, package 3, for a revised total amount of 14 ...

National Health Service Principles as Experienced by Vulnerable London Migrants in “Austerity Britain”: A Qualitative Study of Rights, Entitlements, and Civil-Society Advocacy

Directory of Open Access Journals (Sweden)

Elham Rafighi

2016-10-01

Full Text Available Background: Recent British National Health Service (NHS reforms, in response to austerity and alleged ‘health tourism,’ could impose additional barriers to healthcare access for non-European Economic Area (EEA migrants. This study explores policy reform challenges and implications, using excerpts from the perspectives of non-EEA migrants and health advocates in London. Methods: A qualitative study design was selected. Data were collected through document review and 22 indepth interviews with non-EEA migrants and civil-society organisation representatives. Data were analysed thematically using the NHS principles. Results: The experiences of those ‘vulnerable migrants’ (ie, defined as adult non-EEA asylum-seekers, refugees, undocumented, low-skilled, and trafficked migrants susceptible to marginalised healthcare access able to access health services were positive, with healthcare professionals generally demonstrating caring attitudes. However, general confusion existed about entitlements due to recent NHS changes, controversy over ‘health tourism,’ and challenges registering for health services or accessing secondary facilities. Factors requiring greater clarity or improvement included accessibility, communication, and clarity on general practitioner (GP responsibilities and migrant entitlements. Conclusion: Legislation to restrict access to healthcare based on immigration status could further compromise the health of vulnerable individuals in Britain. This study highlights current challenges in health services policy and practice and the role of non-governmental organizations (NGOs in healthcare advocacy (eg, helping the voices of the most vulnerable reach policy-makers. Thus, it contributes to broadening national discussions and enabling more nuanced interpretation of ongoing global debates on immigration and health.

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

Science.gov (United States)

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

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

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

Science.gov (United States)

Monkkonen, Paavo

2017-01-01

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

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

Science.gov (United States)

Monkkonen, Paavo

2016-01-01

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

39 CFR 233.12 - Civil penalties.

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Civil penalties. 233.12 Section 233.12 Postal... Civil penalties. False representation and lottery orders— (a) Issuance. Pursuant to 39 U.S.C. 3005, the... be liable to the United States for a civil penalty in an amount not to exceed $11,000 for each day...

New Public Management, Public Service Bargains and the challenges of interdepartmental coordination: a comparative analysis of top civil servants in state administration

DEFF Research Database (Denmark)

Hansen, Morten Balle; Steen, Trui; de Jong, Marsha

2013-01-01

In this article we are interested in how the coordinating role of top civil servants is related to the argument that country-level differences in the adoption of New Public Management significantly alter the Public Service Bargains of top civil servants and consequently their capacity to accompli...

Evaluating Options for Civil Space Situational Awareness (SSA)

Science.gov (United States)

Lal, B.; Carioscia, S. A.

In recent years, the number of active satellites and human-made orbital space debris has increased dramatically. An expansion of activities in space, as is currently being proposed by many commercial and international entities, is expected to further exacerbate this challenge. The 18th Space Control Squadron under the Department of Defense (DOD) United States Strategic Command provides space situational awareness (SSA) services to users outside the national security community at no cost. International and commercial users demand better SSA service than is currently feasible, and the demand comes at a time when DOD is under pressure to better prepare for and respond to growing space-based threats to national security. Concerned about the possibility of overextending across conflicting missions in a fiscally constrained environment, some DOD officials have publicly noted a desire to move SSA services not related to national security out of DOD purview. Responding to a request from the Federal Aviation Administration (FAA) Office of Commercial Space Transportation (AST), researchers at the Science and Technology Policy Institute (STPI) identified and evaluated potential approaches for providing SSA services for civil and commercial operations in space. In this paper, we summarize the report [1] and present the pros and cons of four approaches to the provision of civil SSA services in the United States: (1) maintaining status quo through continued provision by DOD; (2) provision by a civil government entity; (3) industry self-provision; and (4) provision by an international organization. Within the second approach, assuming the provision of SSA by a civil agency, STPI further identified and discussed four options: (1) civil agency service capability embedded within DOD; (2) independent civil service capability, using DOD software and systems; (3) independent civil service capability, using commercial software and systems; and (4) the government certifies non

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

Directory of Open Access Journals (Sweden)

Luis Alberto Reichelt

2017-05-01

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

History of the treatment of persons with psychological difficulties and the abuse of their civil rights

Directory of Open Access Journals (Sweden)

Petrović Nikola M.

2013-01-01

Full Text Available Treatment of persons with psychological difficulties varied in different historical periods, but in its essence remained similar until today. It included an inhumane relationship towards these persons, involuntary treatment through torture, and isolation from society as a kind of punishment for their diversity. It was not until the late 19th century that the relationship of society towards these individuals started to improve gradually, but in the 21st century isolation of these individuals still remained the dominant form of acceptable social solution for the “problem”, with a somewhat more humane attitude towards them and less cruel treatment. Serbia has followed the trends of treatment of the persons with psychological difficulties from the rest of Europe for centuries, but is still lagging behind the world in the introduction of new methods of treatment. Indeed the first legal solution to regulate the human rights of these people is currently in the process of implementation. The subject of this paper is the treatment of persons with psychological difficulties and the violation of their civil rights. In a subject specific context the goal of the analysis was the historical review of the treatment towards persons with psychological difficulties by doctors, other practicioners and the community in general, with reference to the current situation regarding their treatment within the psychiatric institutions, as well as the legal regulations and the protection of their civil rights.

The Consequences of Official Labels: An Examination of the Rights Lost by the Mentally Ill and Mentally Incompetent Since 1989.

Science.gov (United States)

Walker, Andrea M; Klein, Michael S; Hemmens, Craig; Stohr, Mary K; Burton, Velmer S

2016-04-01

This study presents a survey of state statutes which restrict the civil rights of persons with a mental illness or who have been declared mentally incompetent. Five civil rights (voting, holding public office, jury service, parenting, and marriage) are examined. The results of this study are compared with the results of studies conducted in 1989 and 1999 to determine what changes have occurred over time in the restriction of civil rights of those suffering from mental health problems. This comparison reveals that states continue to restrict the rights of the mentally ill and incompetent, and that there is a trend towards increased restriction of political rights, including the right to vote and hold public office.

75 FR 1076 - Outer Continental Shelf Civil Penalties

Science.gov (United States)

2010-01-08

... initiate civil penalty proceedings; however, violations that cause injury, death, or environmental damage... DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf Civil Penalties... daily civil penalty assessment. SUMMARY: The Outer Continental Shelf Lands Act requires the MMS to...

78 FR 66972 - Submission for Review: Designation of Beneficiary: Civil Service Retirement System (CSRS), SF 2808

Science.gov (United States)

2013-11-07

... OFFICE OF PERSONNEL MANAGEMENT Submission for Review: Designation of Beneficiary: Civil Service Retirement System (CSRS), SF 2808 AGENCY: U.S. Office of Personnel Management. ACTION: 60-Day notice and... Retirement System, SF 2808. As required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C...

Iranian Democratization Part II: The Green Movement - Revolution or Civil Rights Movement?

Directory of Open Access Journals (Sweden)

Victor H. Sundquist

2013-01-01

Full Text Available The fundamental question of whether or not the Green Movement’s opposition leaders were successful in their attempts to change the political landscape in Iran first lies in understanding the premise behind the organization and secondly recognizing the actual goals of the leadership. Consequently, this article analyzes these questions as a framework for developing a comparative analysis between revolutions and civil rights movements as a means to understand both the intent and outcomes of the Green Movement. From this analysis, lessons learned are put forth as a means to establish a series of recommendations for future Western political engagements with Iran. In doing so, the hope is that a political dialogue will emerge between Western governments that both alleviate the current tensions while also addressing security concerns in the region.

42 CFR 73.21 - Civil money penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Civil money penalties. 73.21 Section 73.21 Public... SELECT AGENTS AND TOXINS § 73.21 Civil money penalties. (a) The Inspector General of the Department of Health and Human Services is delegated authority to conduct investigations and to impose civil money...

12 CFR 404.23 - Other rights and services.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Other rights and services. 404.23 Section 404.23 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Access to Records Under the Privacy Act of 1974 § 404.23 Other rights and services. Nothing in this subpart shall be...

34 CFR 303.424 - Civil action.

Science.gov (United States)

2010-07-01

... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 303.424 Section 303.424 Education... Civil action. Any party aggrieved by the findings and decision regarding an administrative complaint has the right to bring a civil action in State or Federal court under section 639(a)(1) of the Act...

Civility: The Right Thing to Teach in Contentious Times

Science.gov (United States)

Nilsen, Alleen Pace

2008-01-01

Drawing attention to widespread instances of discourteous speech and hate discourse that permeate US and world culture, Alleen Pace Nilsen maintains that our imperative as educators is to teach "students the benefits of being civil to each other." She proposes some avenues for enriching students' understanding of the power of civil…

34 CFR 300.516 - Civil action.

Science.gov (United States)

2010-07-01

... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 300.516 Section 300.516 Education... DISABILITIES Procedural Safeguards Due Process Procedures for Parents and Children § 300.516 Civil action. (a... aggrieved by the findings and decision under § 300.514(b), has the right to bring a civil action with...

著作人身权性质辨析%Analysis on the Personal Right of Author and the Personal Right of Civil Law

Institute of Scientific and Technical Information of China (English)

宋贻珍

2014-01-01

There are two wrong opinions on personal right of an author :one insists on that personal right of an author is the right of identity ,the other considers it as property right .The former view only sees the phenomenon of personal right of an author but ignores its essence ,and the latter view misunder-stands its essential characteristic .It is arguable that personal right of an author is a special social personal right w hich shouldn't be merged into the personal right of civil law ,and that personal right of an author should adhere to its primary meaning and be improved in details .%认为著作人身权是身份权的观点，只看到现象而忽视了著作人身权本质；认为著作人身权是财产权的观点，是对人格权的本质属性存在误解，没有看到社会人格权能够转让的属性。著作人身权是特殊的人格权，取缔或者合并到民法中的人格权中都是不可取的，而应该在现有基础上对著作人身权的内容加以完善。

Predicting Pre-Service Classroom Teachers' Civil Servant Recruitment Examination's Educational Sciences Test Scores Using Artificial Neural Networks

Science.gov (United States)

Demir, Metin

2015-01-01

This study predicts the number of correct answers given by pre-service classroom teachers in Civil Servant Recruitment Examination's (CSRE) educational sciences test based on their high school grade point averages, university entrance scores, and grades (mid-term and final exams) from their undergraduate educational courses. This study was…

Organized Civil Society, Participation and Citizenship in Europe

DEFF Research Database (Denmark)

Boje, Thomas P.

2015-01-01

welfare states and the chapter will discuss these differences and how the economic and social crisis has influenced the position of organised civil society and civic participation in general among European citizens. The chapter will conclude with a programmatic statement on the role of organised civil...... of citizens in the society. The economic and social crisis in Europe has accentuated the importance of different types of civic organisations in defending the social rights of the citizens and mediating between citizens and the political authorities. The main reason for this is the legitimacy crisis...... of the participatory democracy in the post-industrial countries. Additional factor to be considered are difficulties of realizing processes that are able to involve citizens in strategic decision-making at community as well as national level and difficulties in the identification and organization of welfare services...

Amistad Symposium on Southern Civil Rights Litigation Records for the 1960s (New Orleans, Louisiana, December 8-9, 1978).

Science.gov (United States)

Dillard Univ., New Orleans, LA. Armistad Research Center.

This report contains transcripts of speeches given at the Amistad Symposium by lawyers, judges, and others active in the civil rights movement since the 1960s. Speakers include Clifton Johnson, J. Skelly Wright, John P. Nelson, Edwin King, Fred L. Banks, Jr., Lawrence A. Aschenbrenner, Frank R. Parker, Henry Schwarzschild, and Richard B. Sobol.…

Influencing Student Beliefs about the Role of the Civil Engineer in Society

Science.gov (United States)

Nesbit, Susan E.; Sianchuk, Robert; Aleksejuniene, Jolanta; Kindiak, Rebecca

2012-01-01

This study suggests that community service learning experiences facilitate the reconstruction of civil engineering student beliefs about both the type of work performed by civil engineers and the broad impact of civil engineering knowledge. Further, the service learning experiences highlight for students 1) the importance of relationships between…

Civil liberties and nuclear terrorism

International Nuclear Information System (INIS)

Goldberg, S.

1987-01-01

The importance of preventing nuclear terrorism is so great that it is easy to believe that the usual concern with civil liberties must take a back seat. But it is precisely when emergencies are invoked that the authors must not forget the importance of freedoms. Emergency powers are easily abused, and, even in the absence of abuse, mistakes can be made. It is hard to understand why they care about civil liberties if every suspect is guilty, every wiretap is necessary, and every search is justified. But sometimes suspects are innocent, wiretaps are used for political ends, and searches disrupt lives to no end. Civil liberties do not exist in a vacuum. If society is destroyed, civil liberties are likely to be destroyed as well. Virtually every legal doctrine this study addresses involves a recognition that individual rights must be balanced against valid social needs. The civil liberties focus on here fall under the general headings of freedom of speech and association, privacy, due process rights for suspects, and freedom from unreasonable searches and seizures. One essential point applied to all these areas: although a counterterrorist activity is legal, that does not mean the activity has no impact on civil liberties. It may be legal, for example, to have a massive federal police force that provides hundreds of guards for every shipment of plutonium. Even so, that procedure still raises civil liberties concerns, since many Americans would feel less free in a society of that type

Rhetoric of civil conflict management: United Nations Security Council debates over the Syrian civil war

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Juraj Medzihorsky

2017-04-01

Full Text Available This paper introduces a spatial model of civil conflict management rhetoric to explore how the emerging norm of responsibility to protect shapes major power rhetorical responses to civil war. Using framing theory, we argue that responsibility to protect functions like a prescriptive norm, such that representing a conflict as one of (1 human rights violations (problem definition, implies rhetorical support for (2 coercive outside intervention (solution identification. These dimensions reflect the problem-solution form of a prescriptive norm. Using dictionary scaling with a dynamic model, we analyze the positions of UN Security Council members in debates over the Syrian Civil War separately for each dimension. We find that the permanent members who emphasized human rights violations also used intervention rhetoric (UK, France, and the US, and those who did not used non-intervention rhetoric (Russia and China. We conclude that, while not a fully consolidated norm, responsibility to protect appears to have structured major power rhetorical responses to the Syrian Civil War.

The conditions shaping different forms of convergence - competency frameworks for the senior civil service in a comparative perspective

DEFF Research Database (Denmark)

Frank, Thomas

in a particular national context. Thus, we need knowledge on the translation process from label to action. This paper examines competency frameworks for senior civil service personnel using quantitative data from OECD countries in juxtaposition with a case study of Great Britain, the Netherlands and Denmark...

The Fragmented Evolution of Racial Integration since the Civil Rights Movement

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Michael D.M. Bader

2016-03-01

Full Text Available We argue that existing studies underestimate the degree to which racial change leads to residential segregation in post-Civil Rights American neighborhoods. This is because previous studies only measure the presence of racial groups in neighborhoods, not the degree of integration among those groups. As a result, those studies do not detect gradual racial succession that ends in racially segregated neighborhoods. We demonstrate how a new approach based on growth mixture models can be used to identify patterns of racial change that distinguish between durable integration and gradual racial succession. We use this approach to identify common trajectories of neighborhood racial change among blacks, whites, Latinos, and Asians from 1970 to 2010 in the New York, Los Angeles, Chicago, and Houston metropolitan areas. We show that many nominally integrated neighborhoods have experienced gradual succession. For blacks, this succession has caused the gradual concentric diffusion of the ghetto; in contrast, Latino and Asian growth has dispersed throughout both cities and suburbs in the metropolitan areas. Durable integration has come about largely in the suburbs.

THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

Directory of Open Access Journals (Sweden)

Alexander Chuklin

2017-01-01

Full Text Available The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters

Judicial civil procedure dragging out in Kosovo

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Rrustem Qehaja

2016-03-01

Full Text Available This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it also challenges the general principles related to human rights and freedoms sanctioned not only by the highest legal act of the country, but also with international treaties. The article tends to give a reflection to the most important reasons that effect and influence in these dragging outs of civil procedure, as well as, at the same time aims to give the necessary alternatives to pass through them by identifying dilemmas within the judicial practice. As a result, the motives of this scientific paper are exactly focused at the same time on identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial practice of the European Court of Human Rights on Article 6 of the European Convention on Human Rights, by which it is given the possibility to offering people efficient and within a reasonable time legal protection of their rights before national courts. For these reasons, the paper elaborates this issue based on both, the legal theory and judicial practice.

42 CFR 438.704 - Amounts of civil money penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 4 2010-10-01 2010-10-01 false Amounts of civil money penalties. 438.704 Section... SERVICES (CONTINUED) MEDICAL ASSISTANCE PROGRAMS MANAGED CARE Sanctions § 438.704 Amounts of civil money penalties. (a) General rule. The limit on, or the maximum civil money penalty the State may impose varies...

76 FR 66764 - Excepted Service

Science.gov (United States)

2011-10-27

... Director DC110118 8/29/2011 Affairs. for Public Affairs. COMMISSION ON CIVIL RIGHTS... Commissioners... DH110125 8/5/2011 HUMAN SERVICES. Assistant Secretary Public Health for Public Affairs. Initiatives.... for Public Affairs. Office of the Press Secretary DM110237 8/5/2011 Assistant Secretary for Public...

Congress' Record on Civil Rights

Science.gov (United States)

Javits, Jacob

1975-01-01

This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, focuses on the Voting Rights Act--a law, extended in 1970, which provided for federal registrars in any state or county having a substantial minority population and a literacy test where voter participation fell below 50 percent-which is due to…

Governing Civil Society Organisations and Constructing the Common Good

DEFF Research Database (Denmark)

Hein Jessen, Mathias

This paper argues that civil society is something that must be produced and constructed in order to come into existence. This construction entails a specific production of what civil society is, which values are (and should be) present in it, what the common good is and how civil society and civil...... with specific (good) values, but is at the same time instrumentalised to provide welfare services the state can and will no longer provide. Civil society, civil society organisations and the common good are not given entities, but constantly produced and mobilised in different political conjunctures....

Civil Procedure In Denmark

DEFF Research Database (Denmark)

Werlauff, Erik

scientific activities conducted by the author, partly based on the author's experience as a member, through a number of years, of the Danish Standing Committee on Procedural Law (Retsplejeraadet), which on a continuous basis evaluates the need for civil procedural reforms in Denmark, and finally also based......The book contains an up-to-date survey of Danish civil procedure after the profound Danish procedural reforms in 2007. It deals with questions concerning competence and function of Danish courts, commencement and preparation of civil cases, questions of evidence and burden of proof, international...... procedural questions, including relations to the Brussels I Regulation and Denmark's participation in this Regulation via a parallel convention with the EU countries, impact on Danish civil procedure of the convention on human rights, preparation and pronouncement of judgment and verdict, questions of appeal...

Civil rights for people with disabilities: obstacles related to the least restrictive environment mandate.

Science.gov (United States)

Palley, Elizabeth

2009-01-01

State and other social service agencies as well as service providers are governed by laws that often provide unclear guidance regarding the rights of people with disabilities. Although some standards can be, and have been, developed to protect the rights of people with disabilities, all people with disabilities are not the same and therefore, each can require very different types of accommodations. Some aspects of disability rights must be individually based, including the requirement that people with disabilities receive educational services in the least restrictive environment and care in the most inclusive setting. The current interpretation of these mandates suggests that agency decisions rely on professional judgments. Unless professionals work with their clients, this reliance can serve to disempower those whom the law was intended to protect. Though much debated, the legal definition of a person with a disability is unclear. This article examines the concept of disability and that of the least restrictive environment as well as that of the "most inclusive setting," explains to whom they apply, discusses how they have been defined both in statutes and case law, and elaborates on the role of social workers as a result of the law's reliance on professional judgment in ascertaining client rights.

Rights of patients required in a public service ombudsman

Directory of Open Access Journals (Sweden)

Maristela Santini Martins

2015-07-01

Full Text Available Objective: analyzing the rights of patients required in a public service ombudsmen. Methods: an exploratory, descriptive study of documentary research. 109 complaint forms coming from the basic network were analyzed, related to 12 Basic Health Units located within the Southern Health Technical Supervision. Results: grouped into four categories of required rights: access to goods and services (62.4% being, access to specialized exams (28.7%, access to consultations (16.6%, referral to a specialist (5.7%, referral for urgent/emergency cases (1.3%, monitoring through home visits (7.6%, guaranteed medications (2.5%. Quality of health services (36.9% divided into: decent, considerate and respectful care (26.8%, guidance/clarification (9.6%, and public disclosure of government programs (0.6% and adequate infrastructure (0.6%. Conclusion: the rights that patients required are related to access, quality, treatment and adequate infrastructure.

Producing Civil Society

DEFF Research Database (Denmark)

Feldt, Liv Egholm; Hein Jessen, Mathias

Since the beginning of the 1990’s, civil society has attracted both scholarly and political interest as the ‘third sphere’ outside the state and the market not only a normatively privileged site of communication and ‘the public sphere’, but also as a resource for democratization processes...... and social cohesion, as well as a provider of welfare services from a welfare state in dire straits. However, such a view upholds a sharp distinction between the three sectors and their distinct logic. This article claims that the separation of spheres is a fundamental part of our ‘social imaginary......’ and as such dominates our way of thinking about civil society. Yet, this view hinders the understanding of how civil society is not a pre-existing or given sphere, but a sphere which is constantly produced both discursively, conceptually and practically. Through two examples; 1,the case of philanthropy in the beginning...

Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part IV--Sport Groups

Science.gov (United States)

Lieberman, Lauren; Lucas, Mark; Jones, Jeffery; Humphreys, Dan; Cody, Ann; Vaughn, Bev; Storms, Tommie

2013-01-01

"Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part IV--Sport Groups" provides the the following articles: (1) "Sport Programming Offered by Camp Abilities and the United States Association for Blind Athletes" (Lauren Lieberman and Mark…

The Evangelical Covenant Church’s Response to the Civil Rights Movement, 1963–1968

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Ramelia Williams

2016-08-01

Full Text Available In this article I examine whether denominational resolutions on racial relations were in fact increasingly followed by action during the civil rights era. Focusing on the years 1963–1968, my study begins by considering broad denominational engagement through attention to the work of the Christian Citizenship Committee and to Covenant publications. Two congregational case studies follow. After briefer attention to Community Covenant Church of Minneapolis, I consider North Park Covenant Church of Chicago as an in-depth case study, enabled by extensive archival records housed at the Covenant Archives and Historical Library. My research bears witness to the leadership of the Holy Spirit in the church and denominational leaders that defied the status quo and proclaimed through their actions the presence of the kingdom of God on earth.

42 CFR 54a.8 - Right to services from an alternative provider.

Science.gov (United States)

2010-10-01

... ABUSE PREVENTION AND TREATMENT SERVICES § 54a.8 Right to services from an alternative provider. (a... 42 Public Health 1 2010-10-01 2010-10-01 false Right to services from an alternative provider. 54a... date of such objection, such program beneficiary shall have rights to notice, referral, and alternative...

Bureaucratic Dilemmas: Civil servants between political responsiveness and normative constraints

DEFF Research Database (Denmark)

Christensen, Jørgen Grønnegård; Opstrup, Niels

2017-01-01

The interaction between political executives and civil servants rests on a delicate balance between political responsiveness and the duty of civil servants and ministers to respect legal and other normative constraints on executive authority. In Danish central government, this balance is stressed...... by norms that define the correct behavior when the civil service provides ministers with political advice and assistance. Organizational factors strongly influence civil servants’ behavior when they have to balance responsiveness against constraints on their role as political advisers. Moreover, civil...

Spatial transferring of ecosystem services and property rights allocation of ecological compensation

Science.gov (United States)

Wen, Wujun; Xu, Geng; Wang, Xingjie

2011-09-01

Ecological compensation is an important means to maintain the sustainability and stability of ecosystem services. The property rights analysis of ecosystem services is indispensable when we implement ecological compensation. In this paper, ecosystem services are evaluated via spatial transferring and property rights analysis. Take the Millennium Ecosystem Assessment (MA) as an example, we attempt to classify the spatial structure of 31 categories of ecosystem services into four dimensions, i.e., local, regional, national and global ones, and divide the property rights structure into three types, i.e., private property rights, common property rights and state-owned property rights. Through the case study of forestry, farming industry, drainage area, development of mineral resources, nature reserves, functional areas, agricultural land expropriation, and international cooperation on ecological compensation, the feasible ecological compensation mechanism is illustrated under the spatial structure and property rights structure of the concerned ecosystem services. For private property rights, the ecological compensation mode mainly depends on the market mechanism. If the initial common property rights are "hidden," the implementation of ecological compensation mainly relies on the quota market transactions and the state investment under the state-owned property rights, and the fairness of property rights is thereby guaranteed through central administration.

European standards of the civil service integrity

Directory of Open Access Journals (Sweden)

L. V. Prudyus

2016-09-01

It was offered for further implementation of the European standards of integrity to develop a new Code of integrity for civil servants and take measures, which contain Anti-Corruption Strategy: adopt a law on the protection of persons who honestly reported regarding corruption offenses (denunciators, in particular a law concerning conducting the inspection of public servants on integrity.

General rules applicable to civil works

International Nuclear Information System (INIS)

1981-07-01

RFS or Regles Fondamentales de Surete (Basic Safety Rules) applicable to certain types of nuclear facilities lay down requirements with which compliance, for the type of facilities and within the scope of application covered by the RFS, is considered to be equivalent to compliance with technical French regulatory practice. The object of the RFS is to take advantage of standardization in the field of safety, while allowing for technical progress in that field. They are designed to enable the operating utility and contractors to know the rules pertaining to various subjects which are considered to be acceptable by the Service Central de Surete des Installations Nucleaires, or the SCSIN (Central Department for the Safety of Nuclear Facilities). These RFS should make safety analysis easier and lead to better understanding between experts and individuals concerned with the problems of nuclear safety. The SCSIN reserves the right to modify, when considered necessary, any RFS and specify, if need be, the terms under which a modification is deemed retroactive. For civil works, the use of the RCC. G (Design and Construction Rules for Civil works of 900 MWe PWR Nuclear Power Plants) is accepted with conditions described in this RFS

77 FR 66583 - Solicitation of Nominations for Membership on the Civil Nuclear Trade Advisory Committee

Science.gov (United States)

2012-11-06

... the Department as chair of the Civil Nuclear Trade Working Group (CINTWG) of the Trade Promotion...' size and geographic location, and shall be drawn from U.S. civil nuclear manufacturing and services... following: a. Civil nuclear manufacturing and services companies; b. Small businesses; c. Utilities; d...

38 CFR 18.452 - Health and other social services.

Science.gov (United States)

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Health and other social...-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Nondiscrimination on the Basis of Handicap Health and Social Services § 18.452 Health and other social services. (a) General. In providing health, or other...

Legal Regulation of Civil Servants in Russia and Germany Receiving Gifts

Directory of Open Access Journals (Sweden)

Svetlana Zimneva

2015-01-01

Full Text Available The article deals with the conflict between the provisions of the Criminal Code of the Russian Federation, where the minimum amount of the bribe is not defined, and the provision of the Federal Law ‘On State Civil Service of the Russian Federation,’ which, on the one hand, contains an absolute ban on civil servants receiving gifts and other types of remuneration, while, on the other hand, Art. 575 of the Civil Code of the Russian Federation admits a possibility for civil servants to receive gifts of an amount not exceeding 3,000 rubles in the performance of their official duties. This legal conflict necessitates conceptual clarification of such notions as ‘gift’ and ‘bribe.’The authors underline that a determining factor for establishing the legitimacy of the customary gifts given to government officials is whether the gifts were accepted by the officials, while executing their duties, without a prior agreement for an action or inaction. It is noted that the limitation of a gift’s maximum value to 3,000 rubles, as stated in the Civil Code of the Russian Federation, creates an opportunity to abuse or evade the law.The article presents a comparative study of European laws, more specifically dealing with the institute of donation, and Russian legislation regarding the possibility of civil servants receiving gifts. German law does not single out ‘customary gifts;’ it simply does not admit the possibility of giving gifts or the right to receive gifts by German civil servants.The authors have developed proposals to improve the legal regulation concerning the giving of gifts to government officials in Russia.

Increase of the contract amounts for LHC civil-engineering construction and civil-engineering consultancy contracts

CERN Document Server

2005-01-01

This document concerns the increase of the contract amounts for LHC civil-engineering construction and civil-engineering consultancy, Package 2. The Finance Committee is invited to take note of the increase of the contract amounts with: - the joint venture DRAGADOS (ES) and SELI (IT) for civil-engineering construction, LHC Package 2, for an amount of 28 087 000 Swiss francs, subject to revision, in the amount previously announced to Finance Committee (CERN/FC/4516) of 132 200 000 Swiss francs, subject to revision, bringing the total to a maximum amount of 160 287 000 Swiss francs, subject to revision. - the joint venture GIBB (GB), GEOCONSULT (AT) and SGI (CH) for the provision of civil-engineering consultancy services, LHC Package 2, for an amount of 900 000 Swiss francs, subject to revision, in the amount previously announced to Finance Committee of 13 800 000 Swiss francs, subject to revision, bringing the total to a maximum amount of 14 700 000 Swiss francs, subject to revision

Civil Society, Health, and Social Exclusion in Bangladesh

Science.gov (United States)

Mahmud, Simeen

2009-01-01

Civil society has the potential to have a positive impact on social exclusion and health equity through active monitoring and increased accountability. This paper examines the role of civil society in Bangladesh to understand why this potential has not been realized. Looking at two models of civil society action—participation in decentralized public-sector service provision and academic think-tank data analysis—this analysis examines the barriers to positive civil society input into public policy decision-making. The role of non-governmental organizations, political, cultural and economic factors, and the influence of foreign bilateral and multilateral donors are considered. The paper concludes that, with a few exceptions, civil society in Bangladesh replicates the structural inequalities of society at large. PMID:19761087

Homeland Security and Civil Liberties

National Research Council Canada - National Science Library

Wong, Leonard; Lovelace, Douglas C., Jr

2004-01-01

.... The conference examined national security issues related to civil liberties, immigration policy, privacy issues, first amendment rights, and the balance of executive and judicial power in relation...

Pattern of skin diseases among civil population and armed forces personnel at Pune

Directory of Open Access Journals (Sweden)

Sayal S

1997-01-01

Full Text Available The pattern of skin disorders among 11393 civil and 8123 defence service personnel who attended out-patient department (OPD from January 1989 to December 1994 is presented. Infective dermatoses were more common in civil population (41.2% as compared to defence service personnel (36.3%. Fungal infection was common in both groups (15.1% and 17.2% whereas parasitic infestations and pyoderma were more common in civil population (12.8% and 6.1% as compared to service personnel (7.8% and 3.6%. Among non-infective dermatoses eczemas were more common in civil population (17.3% as compared to Armed Forces personnel (11.7%, whereas papulosquamous disorders, pigmentary disorders, acne and alopecia were more common in Armed Forces personnel (13.5%, 13.4% 8.7% and 6.2% as compared to civil population (10.8%, 10.1%, 6.4% and 4.1%. The incidence of other skin disorders did not differ much between the two groups.

Efficiency of Public Service in Pekangbaru City With E-Government

Science.gov (United States)

Zamzami; Fajrizal; Arief Hasan, Mhd

2017-12-01

The use of technology in the field of computers today is increasing, along with the development of science and globalization of information that demands the creation of a state of computerization. E-Government is now the right solution for local and central government, it is because it can assist the government in managing government data and able to provide information to the community quickly, precisely and efficiently. The current service system at the Office of Population and Civil Registration of Pekanbaru City still uses a manual system that takes a long time and cost a lot. In this E-Government application will contain application feature profile information of the Office of Population and Civil Registration of Pekanbaru City, public service requirements, office address of Pekanbaru City Sub-district, community complaint, KK (Family Card), and birth certificate online. The general purpose of making E-Government application system is to provide a new alternative for the Office of Population and Civil Registration of Pekanbaru City in improving its public service system. And the specific purpose is to facilitate the delivery of information, the formation of the system of birth certificate and death online and realize the excellent service for the Office of Population and Civil Registration Pekanbaru and the public.

42 CFR 54.8 - Right to services from an alternative provider.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Right to services from an alternative provider. 54... CHARITABLE CHOICE REGULATIONS APPLICABLE TO STATES RECEIVING SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANTS AND/OR PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS GRANTS § 54.8 Right to services...

2014 - 2015 Civil Affairs Issue Papers: The Future of Civil Affairs

Science.gov (United States)

2015-02-18

companies. Included is a request for a SME on zoonotic diseases to help with a strange virus effecting goat herds in Beledweyne, a call for advice from a...local veterinary officer orders the right medication to treat the goats , the water plant manager or- ders the right pumps to improve agricultural...Since most CIM RFI deal with longer term civil sector challenges such as agri- cultural, farming , and education questions, responses are not

76 FR 13285 - Nondiscrimination on the Basis of Disability in State and Local Government Services; Corrections

Science.gov (United States)

2011-03-11

... Rights Division, Department of Justice. ACTION: Final rule; correction. SUMMARY: This document contains... of the rule relating to service animals. DATES: Effective Date: March 15, 2011. FOR FURTHER INFORMATION CONTACT: Barbara J. Elkin, Attorney Advisor, Disability Rights Section, Civil Rights Division, U.S...

Human Rights and the Global Fund to Fight AIDS, Tuberculosis and Malaria

Science.gov (United States)

Jürgens, Ralf; Lim, Hyeyoung; Timberlake, Susan; Smith, Matthew

2017-01-01

Abstract The Global Fund to Fight AIDS, Tuberculosis and Malaria was created to greatly expand access to basic services to address the three diseases in its name. From its beginnings, its governance embodied some human rights principles: civil society is represented on its board, and the country coordination mechanisms that oversee funding requests to the Global Fund include representatives of people affected by the diseases. The Global Fund’s core strategies recognize that the health services it supports would not be effective or cost-effective without efforts to reduce human rights-related barriers to access and utilization of health services, particularly those faced by socially marginalized and criminalized persons. Basic human rights elements were written into Global Fund grant agreements, and various technical support measures encouraged the inclusion in funding requests of programs to reduce human rights-related barriers. A five-year initiative to provide intensive technical and financial support for the scaling up of programs to reduce these barriers in 20 countries is ongoing. PMID:29302175

A constitutional analysis of the right of action in the brazilian civil suit Uma análise constitucional do direito de ação no processo civil brasileiro

Directory of Open Access Journals (Sweden)

Márcia Regina Pitta Lopes Aquino

2006-12-01

Full Text Available The purpose of this study is to analyze the right of action in the Brazilian Civil Suit according to the Federal Constitution. This research highlights the crisis that the State, the Law and the Juridical Science have gone through go mainly after World War II. Proceduralism and substantialism are addressed in regard to their fundamental aspects as well as the existent dilemma between juridical positivism and jusnaturalism. Based on the theories that encompass the “third way”, this work attempts to show the importance of certain procedures for realizing values of constitutional principles that permeate the whole juridical order. It is concluded that the process is not only an instrument but also a dimension of law itself. The right of action as expressed in art. 5, Chapter XXXV of the Federal Constitution is eminently procedural and should be undertood as a right to process.O estudo objetiva a análise do direito de ação no processo civil brasileiro a partir da Constituição Federal. Aponta a crise por que passam Estado, Direito e Ciência Jurídica ,especialmente após a Segunda Guerra Mundial. Procedimentalismo e substancialismo, bem como jusnaturalismo e positivismo jurídico são apresentados em seus pontos fundamentais. Com fundamento em teorias que compõem uma “terceira via”, busca demonstrar a importância dos procedimentos na realização dos valores consubstanciados em princípios constitucionais que se irradiam por todo o ordenamento jurídico. Conclui que o processo não é apenas um instrumento, mas uma dimensão do direito. O direito de ação expresso no artigo 5º , XXXV da Constituição Federal é eminentemente processual e deve ser entendido como direito ao processo.

THE STUDENTS’ REPRESENTATIONS OF CIVIL SERVANTS’ NORMATIVE ORIENTATION

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Alexander A Oboznov

2017-12-01

Full Text Available The concept of the normative personal orientation seeks to specify how personnel motivation should be organized in the value-motivational sphere for professional activity execution in accordance with its social purpose. Based on the priority of the civil service social purpose, the hierarchical structure of the personal normative orientations was theoretically validated. Social motives related to serving for the benefit of the Fatherland as well as work motives associated with the achievement of some role positions are the major motives. The subordinate motives are the monetary rewards and self-development. Development of the future civil servants’ orientation is based on a conscious idea about the required motives’ subordination, that is, about the normative civil servant’s orientation. The study involved 63 students of the 2nd and 4th year studying at the Russian management institute in the specialty “Customs” and 51 students of the 1st and 2nd year studying at the Public Administration Academy of the Republic of Armenia, as well as 4 experts (two from Russia and Armenia having long-term experience in the civil service. The method is an author’s closed-questions’ inventory containing a list of 18 personal goals, that should guide the civil servant in professional work. The instruction required the selection of five most important goals. An absolute majority (from 66 to 90% of Russian and Armenian students has the motives’ subordination that is inconsistent with the normative orientation. According to the students’ view, self-development, self-creation and material benefit are the leading motives of a civil servant. The expert motives’ representations are identical to the required content of civil servant normative orientation. The authors defined the need to develop a special psychological and educational program for promoting required representations about the normative orientation of future civil servants.

Political Participation of Mexican Americans in California. A Report of the California State Advisory Committee to the United States Commission on Civil Rights.

Science.gov (United States)

California State Advisory Committee to the United States Commission on Civil Rights.

The California State Advisory Committee to the U.S. Commission on Civil Rights met on January 21-22, 1971, to discuss the political participation of Mexican Americans. This paper presents the committee's discussion and recommendations. Matters that are pertinent to the participation of Mexican Americans in the Political life of California are…

Advanced e-Infrastructures for Civil Protection applications: the CYCLOPS Project

Science.gov (United States)

Mazzetti, P.; Nativi, S.; Verlato, M.; Ayral, P. A.; Fiorucci, P.; Pina, A.; Oliveira, J.; Sorani, R.

2009-04-01

During the full cycle of the emergency management, Civil Protection operative procedures involve many actors belonging to several institutions (civil protection agencies, public administrations, research centers, etc.) playing different roles (decision-makers, data and service providers, emergency squads, etc.). In this context the sharing of information is a vital requirement to make correct and effective decisions. Therefore a European-wide technological infrastructure providing a distributed and coordinated access to different kinds of resources (data, information, services, expertise, etc.) could enhance existing Civil Protection applications and even enable new ones. Such European Civil Protection e-Infrastructure should be designed taking into account the specific requirements of Civil Protection applications and the state-of-the-art in the scientific and technological disciplines which could make the emergency management more effective. In the recent years Grid technologies have reached a mature state providing a platform for secure and coordinated resource sharing between the participants collected in the so-called Virtual Organizations. Moreover the Earth and Space Sciences Informatics provide the conceptual tools for modeling the geospatial information shared in Civil Protection applications during its entire lifecycle. Therefore a European Civil Protection e-infrastructure might be based on a Grid platform enhanced with Earth Sciences services. In the context of the 6th Framework Programme the EU co-funded Project CYCLOPS (CYber-infrastructure for CiviL protection Operative ProcedureS), ended in December 2008, has addressed the problem of defining the requirements and identifying the research strategies and innovation guidelines towards an advanced e-Infrastructure for Civil Protection. Starting from the requirement analysis CYCLOPS has proposed an architectural framework for a European Civil Protection e-Infrastructure. This architectural framework has

76 FR 52731 - On-Line Complaint Form for Service-Related Issues in Air Transportation

Science.gov (United States)

2011-08-23

... for Service-Related Issues in Air Transportation AGENCY: Office of the Secretary, Department of... consumer protection and civil rights laws and regulations related to air transportation. The Enforcement... travelers, and to ensure safe and adequate service in air transportation. Filing a complaint using a web...

The New Reflections on Civil Procedure Code Notary Services and Registration Forms and Consensus of Conflict Settlement

Directory of Open Access Journals (Sweden)

Sérgio Henriques Zandona Freitas

2016-06-01

Full Text Available This scientific paper studies alternative means of dispute resolution, such as effective measures to achieve social peace and relieve the judiciary, the role of notaries and registrars. Institutes such as conciliation and mediation were prestigious in the New Code of Civil Procedure, being essential to the effectiveness of the constitutional process and the state of democratic rights, once they have impact on fundamental rights. Will be adopted, as a theoretical framework, the Constitutionalist process Theory, the work of José Alfredo de Oliveira Baracho. As the foundation and success of this study we have the literature and deductive method.

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

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N. V. Marchenko

2014-04-01

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

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.

South Africa's role in the Civil War in Russia

African Journals Online (AJOL)

South Africa's role in the Civil War in Russia. 1918-1920. Cdr W.M. Bisset*. South Africa's role in the Civil War in ... the war or were later to receive awards for their services in Russia. Perhaps the most remarkable ... Bolshevik territory and he was taken prisoner. Another remarkable South African officer who served in North ...

The Analysis of the Pre-Emption Right under the Contract of Sale in the Regulation of New Civil Code

Directory of Open Access Journals (Sweden)

Mirela Costache

2011-05-01

Full Text Available In this paper we will keep under review the specificity of the reported pre-emption right to the sale contract, according to the article 1730-1740 of the New Civil Code. With the entry into force of the new future regulation, the pre-emption right will acquire a separate status, being currently known that the legal status of the right under the review is diverse; there are many legal provisions which provide this right in various areas, being excedentary to the sale contract, such as culture, privatization, franchising, intellectual property. According to the analysis of the future legal deposition, it shows that pre-emption right may have as a source both the law and the contract, in this case it is referred to the legal and conventional right of pre-emption. We note also that, in light of the new regulations, the mechanism for exercising the right of pre-emption is similar to the one applicable to the right of preference. Objectives: The purpose of this paper is to focus on the usefulness of this new legislative measure designed to establish a proper legal support specific to the holder of this right in the conclusion of a contract in relation to third parties. Approach: This topic emphasizes the use of the following methods: observation, comparison and interpretation of laws.

Relationship between Security and Human Rights in Counter-Terrorism: A Case of Introducing Body Scanners in Civil Aviation

Directory of Open Access Journals (Sweden)

Prezelj Iztok

2015-12-01

Full Text Available Changes in security environment after the end of Cold War and 9/11 have strongly affected our security concepts and paradigms. In the field of counter-terrorism, a serious conceptual and practical debate on the relationship between security and human rights and freedoms has begun. The goal of this paper is to reflect on this complex relationship at the conceptual level and introduce the empirical debate on this relationship in the field of civil aviation (case of introducing body scanners. The paper’s results show that the concept of human security usefully integrates the care for human rights and security of individuals. The debate on the potential introduction of body scanners on the European airports was actually a debate on the ways of providing individual human security on the airports with simultaneous concern for other human rights. The output of this debate was a compromise: body scanners can be used at the discretion of individual airports and member states, but are not an obligatory measure on all European airports.

42 CFR 488.444 - Civil money penalties: Settlement of penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Settlement of penalties. 488.444 Section 488.444 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.444 Civil money penalties...

Legal regulation of civil servants in Russia and Germany receiving gifts

OpenAIRE

ZIMNEVA SVETLANA; CHUMAKOVA ANNA

2015-01-01

The article deals with the conflict between the provisions of the Criminal Code of the Russian Federation, where the minimum amount of the bribe is not defined, and the provision of the Federal Law ‘On State Civil Service of the Russian Federation,’ which, on the one hand, contains an absolute ban on civil servants receiving gifts and other types of remuneration, while, on the other hand, Art. 575 of the Civil Code of the Russian Federation admits a possibility for civil servants to receive g...

Global Standards of Market Civilization

DEFF Research Database (Denmark)

Global Standards of Market Civilization brings together leading scholars, representing a range of political views, to investigate how global 'standards of market civilization' have emerged, their justification, and their political, economic and social impact. Key chapters show how as the modern...... thought, as well as its historical application part II presents original case studies that demonstrate the emergence of such standards and explore the diffusion of liberal capitalist ideas through the global political economy and the consequences for development and governance; the International Monetary...... Fund's capacity to formulate a global standard of civilization in its reform programs; and problems in the development of the global trade, including the issue of intellectual property rights. This book will be of strong interest to students and scholars in wide range of fields relating to the study...

The Recognition and Enforcement of Foreign Judgements in Civil Cases in the Context of Practice of European Court of Human Rights

Directory of Open Access Journals (Sweden)

Тетяна Андріївна Цувіна

2017-09-01

Full Text Available The article addresses recognition and enforcement of foreign judgements in civil cases in the context of the practice of European Court of Human Rights. The conclusion is made, that European Court of Human Rights analyzes institute of recognition and enforcement of foreign judgements through such procedural rights as right to a fair trial (art. 6 ECHR and right to an effective remedy (art. 13 ECHR as long as such substantive conventional rights as right to protection pf property (art. 1 of the First Protocol to ECHR and right to respect for private and family life (art. 8 ECHR. It is considered that the main article through which this institute should be analyzed is art. 6 ECHR containing procedural guaranties of fair trial. According to the art. 13 ECHR the effective remedies of protection of the right to a fair trial in reasonable time should be provided at national level. Moreover reforms of this sphere of judicial practice should be done in accordance with art. 8 ECHR and art. 1 of the First Protocol to ECHR which provide specific substantive rights. All of the above mentioned aspects are analyzed in detail.

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

Science.gov (United States)

Pomeranz, Jennifer L

2018-01-01

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

Civil Remedies Division Administrative Law Judge Decisions

Data.gov (United States)

U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

The Human Right to Peace

Directory of Open Access Journals (Sweden)

Carlos Villán Durán

2014-10-01

Full Text Available The international codification of the human right to peace was brought to the United Nations by civil society organizations. The draft declaration submitted to the States has a holistic nature, is very rooted in the international human rights law, and considers peace as the absence of all forms of violence (Santiago Declaration on the Human Right to Peace of 10 December 2010. A working group appointed by the UN Human Rights Council should achieve a new and consensual text to bridge the existing gap between developed and developing States in this field, the former being more supportive of the thesis maintained by civil society.

Is health a labour, citizenship or human right? Mexican seasonal agricultural workers in Leamington, Canada.

Science.gov (United States)

Barnes, Nielan

2013-07-01

Post-North American Free Trade Agreement (NAFTA) trade liberalisation combined with post-9/11 border securitisation means North America increasingly relies on pools of temporary foreign labour, particularly in the agricultural and service sectors. Despite being temporary, these workers often spend most of their years on foreign soil, living and working in isolated rural communities, far from their own families and communities. Migrants' mental and physical health suffers due to hazardous and stressful working conditions, sub-standard housing, lack of social support and limited access to health and social welfare services. Assuming access to health is a basic human right, who is responsible for the health of temporary foreign migrant workers? Is it the nation-state? or the Employers and/or unions? or Civil society? Research and practice show that a combined multisector approach is best; however, such initiatives are often uneven due to questions of sovereignty and citizenship rights. Community-based organisations (CBOs) have emerged to advocate for and serve migrants' social and welfare needs; analysis of CBO projects reveals an uneven application of rights to migrants. Using a comparative case study from Canada, this project contributes to understanding how civil-society helps to activate different types of health care rights for migrants, and to create an informed policy that provides migrant workers with access to a wider range of human and health rights.

42 CFR 488.434 - Civil money penalties: Notice of penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Notice of penalty. 488.434 Section 488.434 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.434 Civil money penalties...

POLITICAL FACTORS OF NSTITUTIONAL TRANSFORMATION OF RUSSIAN PUBLIC SERVICE

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G. A. Borshevskiy

2018-01-01

Full Text Available We define the civil service as a political and administrative institution established to meet the needs in the professional performance of political decisions and providing the daily contact between the society and the political power. The definition of civil service in the Russian legislation is not fit the features of public institution, that is why the institutionalization of the civil service in post-Soviet Russia face difficulties.We see ways to overcome this contradiction, which include the improvement of legislation and implementation to the strategic documents the goals, objectives and performance criteria of civil service institution-building. This goals and objectives should orientate the civil servants to ensure economic growth and improving the quality of citizen’s life.The architecture of the civil service institution was offered, including the legal, institutional and human components. We identified the institutional characteristics and location of this institution in the environment of society.The algorithm of civil service institutional change was clarified, which includes elements such as institutional selection, the definition of institutional norms and institutional effects.The requirements for the assessment of institutional effectiveness were formulated. We proved the necessity to describe the driving forces of civil service development not only by external influences, but also its internal environment.The comparison of this set of statistics with indicators of internal development of the civil service allows concluding about the correlation between the civil service performance on different stages of its institutional transformation and attainment the priorities of the economy and society.

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

42 CFR 3.408 - Factors considered in determining the amount of a civil money penalty.

Science.gov (United States)

2010-10-01

... civil money penalty. 3.408 Section 3.408 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL PROVISIONS PATIENT SAFETY ORGANIZATIONS AND PATIENT SAFETY WORK PRODUCT Enforcement Program § 3.408 Factors considered in determining the amount of a civil money penalty. In...

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

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Janku Martin

2015-12-01

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

Features of calculation of reasonable time of the trial in civil cases in the context of the practice of the European court of human rights

Directory of Open Access Journals (Sweden)

Т. Цувіна

2015-11-01

Full Text Available Problem setting. European Convention of Human Rights (ECHR guarantees right to a fair trial within a reasonable time for everyone (par. 1 art. 6 ECHR. Reasonable time of the trial is an element of the right to a fair trial. One of the main directions for development of civil procedure in Ukraine is the implementation of international standards of fair trial, in particular standards of reasonable time of the trial. Recent research and publications analyses. Foreign and Ukrainian scientists such as Komarov V. V., Neshataeva T. M., Sakara N. U. and others in their works paid attention to different aspects of problems connected with the right to a fair trial within a reasonable time, but a comprehensive study devoted to a features of calculation of reasonable time of the trial taking into account the practice of the ECHR on this issue wasn’t conducted. Paper objective. Main objective of the article is to study decisions of the ECHR concerning the interpretation of Par. 1, Art. 6 ECHR and analyze features of calculation of reasonable time of the trial to make recommendations on implementation of such national level. Paper main body. As a rule, according to a practice of ECHR reasonable time of civil proceedings begins on the date on which the case is referred to a judicial authority. Thus ECHR can take as the starting point the date of a preliminary application to an administrative authority, especially when this is a prerequisite for commencement of proceedings. The end of reasonable time of the trial connected with the moment when the court decision become final or its execution. Conclusions of the research. Calculation of reasonable time of the trial in civil cases in circumstances when an application to the court was preceded by a seeking for protection from the authorities and public servants of executive power has features. In such situations a calculation of reasonable time of the trial doesn’t begin from the moment of seeking for

The rights and responsibilities of citizenship for service users: some terms and conditions apply.

Science.gov (United States)

Hamer, H P; Finlayson, M

2015-11-01

What is known about the subject? Citizenship is an important yet largely overlooked concept within psychiatric and mental health nursing practice Many service users are subject to legally mandated restrictions that place conditions on their rights and responsibilities as citizens. What this paper adds to existing knowledge? Even though service users have legal status as citizens, they continue to experience many conditions on their rights and responsibilities. Concerns about services users' trustworthiness and doubts about their levels of insight impact on their status as full citizens. What are the implications for practice? Nurses' understandings of the conditions placed on the citizenship rights and responsibilities of service users will ensure inclusive and less restrictive care and treatment Integration of the principles of therapeutic reciprocity and procedural justice within practice will help nurses balance both the rights of services users and legal restrictions on their liberty and autonomy Service users have long been lobbying for equal participation as citizens, yet citizenship is an important and largely overlooked concept within nursing education and practice. The study explored service users' understandings of their rights and responsibilities of citizenship and the conditions placed on these. A total of 17 service users participated in semi-structured interviews. Isin's theory of the content of citizenship was used to analyze the data using a framework approach. Service users experience conditional citizenship that includes barriers to their participation and their rights and responsibilities that others in society enjoy. When the world of the service user is constructed through the language of the biomedical model, nurses may unwittingly reinforce psychiatric labels and thus perpetuate the stereotype that service users lack the competence to fully enact their rights and responsibilities. When providing care, nurses should incorporate the notion of

Librarians, Civil Liberties and Privacy.

Science.gov (United States)

Fielding, Derek

1978-01-01

A comparison of current civil liberties issues in Australia with the status of similar issues in Britain and the United States. Included are political affiliation of government employees, censorship, rights of the individual, privacy, and freedom of information. (JAB)

Probabilistic design framework for sustainable repari and rehabilitation of civil infrastructure

DEFF Research Database (Denmark)

Lepech, Michael; Geiker, Mette Rica; Stang, Henrik

2011-01-01

This paper presents a probabilistic-based framework for the design of civil infrastructure repair and rehabilitation to achieve targeted improvements in sustainability indicators. The framework consists of two types of models: (i) service life prediction models combining one or several deteriorat......This paper presents a probabilistic-based framework for the design of civil infrastructure repair and rehabilitation to achieve targeted improvements in sustainability indicators. The framework consists of two types of models: (i) service life prediction models combining one or several...

Latin American Civil-Military Relationships in a Historical Perspective

OpenAIRE

Skaar, Elin

2013-01-01

Civil-military relationships constitute a crucial element in the transition to substantive democracy all over the world. During periods of authoritarianism or civil war, the military in Latin America has historically speaking been responsible for extensive violations of human rights and humanitarian law. Since the reintroduction of democracy in the region in the 1980s and 1990s, the military has gradually been brought back under civilian rule. The balance of power between military and civil p...

Civil Society and Islamism in Iraq | CRDI - Centre de recherches ...

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

A vibrant civil society sector in some Middle Eastern states has managed over the years to fill a role traditionally held by state institutions, that of providing social services such as health care, education and housing. Islamic civil society organizations have been especially successful in this role, and in doing so have acquired ...

The HEW Review of Educational Services to New York's Minority Children

Science.gov (United States)

Gerry, Martin

1975-01-01

Testimony before a public hearing of the New York City Commission on Human Rights in May 1974 by the project director of a projected in-depth review of the delivery of educational services to over 700,000 minority children attending the New York City Public School system asserted to be the largest civil rights review of its kind in U.S. history.…

RECRUITMENT AND PROFESSIONAL TRAINING OF CIVIL SERVANTS

Directory of Open Access Journals (Sweden)

Roxana Cristina RADU

2014-06-01

Full Text Available An ever increasing feature of public office is the way in which the recruitment and training of civil servants are controlled by legislation. Civil servants are a basic component of public administration but they are also important for labor law because civil service relations have the characteristics of an employment relationship and also specific features resulting from the rules of public law. The relevant expression of the interferences between public and private law for civil servants is recruitment and training. The originality of this article lies in the multidisciplinary character, combining elements of labor law, administrative law and human resources management, character reflected in the bibliography used. Another merit of this study is that the authors correlated the provisions of various laws: Constitution, Labor Code, Law no. 161/2003 on the transparency in exercising public dignities and public functions, Government Ordinance no. 137/2000 regarding the prevention and sanction of all discrimination forms, Government Ordinance no. 129/2000 concerning adults’ professional training.

Civil disobedience, feminism and body

Directory of Open Access Journals (Sweden)

Rosalía Romero Pérez

2015-12-01

Full Text Available In this article, feminist civil disobedience is analysed as democracy’s daughter. As regards the analysis of different interpretations of natural rights, the path of the ownership of the own body is followed from Sufragism and its epoch until the global world. At the present time, the right to own your body is defended from opposite positions, such as Femen and Islamic Feminism.

Social Media for Enhancing Civil Society and Disaster Relief: Usage by Local Municipalities in Japan

Directory of Open Access Journals (Sweden)

Muneo Kaigo

2015-10-01

Full Text Available This main focus of this article is a case study that analyzes social media usage by a local municipality in Japan, and on the possibilities and problems of complementary communication channels such as social networking services for promoting civil society activities and linking civil society organizations. We examine how in the past, Japanese municipalities have been using social media and social networking services for enhancing civil society and how social networking services are a potential tool that can provide vital information and connect citizens, municipal governments and civil society. This article focuses on the first phase of the Tsukuba Civic Activities Cyber-Square [Tsukuba Shimin Katsudō no Hiroba] on Facebook Experiment in 2012 and how it functioned during and after the May 6, 2012 Tsukuba city tornado disaster for the subsequent relief and support activities during May 2012.

Global civil society: between nation states and transnational corporations

Directory of Open Access Journals (Sweden)

S. A. Kvitka

2017-06-01

Full Text Available Global civil society is the subject of the formation of a new world order and the modern humanitarian outlook, which is based on the primacy of justice and human rights. One of the actors head of global civil society is an international non-governmental organizations. But wrong to equate global civil society with the activities of these organizations only. Mostly they influence governments and their humanitarian and international politics. Meanwhile, the role of global civil and its society various institutions is much greater and significant. The article discusses the various aspects of the civil society from the position that it took place between transnational companies (TNCs and nation-states. The role of the latter is gradually reduced - economic regulation take on multinationals and public administration is a field of activity of various institutions and structures that scientists considered it as a manifestation of global civil society. In Ukraine, which is also involved in the process of globalization, global civil society is one of the main factors of its national civil society.

Civil Service Evaluation. The Evolving Role of the U.S. Office of Personnel Management. A Report concerning Significant Actions of the U.S. Office of Personnel Management

National Research Council Canada - National Science Library

Erdreich, Ben

1998-01-01

The Government's program to oversee Federal personnel systems has existed in some form since World War II when rapid expansion of the civil service necessitated the delegation of personnel authorities...

75 FR 57230 - 340B Drug Pricing Program Manufacturer Civil Monetary Penalties

Science.gov (United States)

2010-09-20

... Civil Monetary Penalties AGENCY: Health Resources and Services Administration, HHS. ACTION: Advance notice of proposed rulemaking and request for comments. SUMMARY: Section 602 of Public Law 102-585, the... of civil monetary penalties for manufacturers that knowingly and intentionally overcharge a covered...

Sexual and bodily rights as human rights in the Middle East and North Africa.

Science.gov (United States)

Ercevik Amado, Liz

2004-05-01

A regional workshop on sexual and bodily rights as human rights in the Middle East and North Africa was held in Malta in 2003, attended by 22 NGO representatives from Jordan, Egypt, Lebanon, Palestine, Tunisia, Morocco, Algeria, Turkey, Pakistan and USA. The meeting aimed to develop strategies for overcoming human rights violations in the region with reference to law and social and political practices. Session topics included sexuality and gender identity; sexuality and sexual health; sexuality and comparative penal law; sexual rights in international documents; advocacy and lobbying. Sexual rights, sexual health and education, sexual violence and adolescent sexuality were explored in depth, including taboos and emerging trends. Specific areas of concern included marital rape, early marriages, temporary marriages, sexual orientation, premarital and extramarital sexuality, honour crimes, female genital mutilation, unmarried mothers, adolescent sexuality, unwanted pregnancies and safe abortion, sexuality in education and health services. An analysis of civil codes, penal codes and personal status codes indicated a clear imperative for legal reform. Participants heard about efforts to promote the right to sexual orientation which have already been initiated in Lebanon, Turkey and Tunisia. Networking within the region and with counterparts in other regions in comparable situations and conditions was deemed essential.

The right to health of prisoners in international human rights law.

Science.gov (United States)

Lines, Rick

2008-01-01

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

Conscientious objection to military service in international human rights instruments

OpenAIRE

Kavaliauskaitė, Ernesta

2010-01-01

Current debates on conscientious objection to military service reveal a conflict between conscription and individual freedom of conscience; they question the scope of human rights and liberties as well as raise an issue of their extension. The majority of member states of UN and CoE officially recognize a right to conscientious objection. However, the flow of complaints to international human rights monitoring bodies demonstrates absence of a general consensus on the concept, origin and legal...

The role of human rights litigation in improving access to reproductive health care and achieving reductions in maternal mortality.

Science.gov (United States)

Dunn, Jennifer Templeton; Lesyna, Katherine; Zaret, Anna

2017-11-08

Improving maternal health, reducing global maternal mortality, and working toward universal access to reproductive health care are global priorities for United Nations agencies, national governments, and civil society organizations. Human rights lawyers have joined this global movement, using international law and domestic constitutions to hold nations accountable for preventable maternal death and for failing to provide access to reproductive health care services. This article discusses three decisions in which international treaty bodies find the nations of Brazil and Peru responsible for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights and also two domestic decisions alleging constitutional violations in India and Uganda. The authors analyze the impact of these decisions on access to maternal and other reproductive health services in Brazil, Peru, India, and Uganda and conclude that litigation is most effective when aligned with ongoing efforts by the public health community and civil society organizations. In filing these complaints and cases on behalf of individual women and their families, legal advocates highlight health system failures and challenge the historical structures and hierarchies that discriminate against and devalue women. These international and domestic decisions empower women and their communities and inspire nations and other stakeholders to commit to broader social, economic, and political change. Human rights litigation brings attention to existing public health campaigns and supports the development of local and global movements and coalitions to improve women's health.

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

African Journals Online (AJOL)

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

What's Ethnicity got to do with it? The Workplace Lived Experience of Ethnic Minority (IJAW) Women in the Nigerian Civil Service

OpenAIRE

Alex-Hart, Biebele

2016-01-01

This thesis examines gender and ethnic inequalities in the Nigerian civil service through the\\ud lived experience of Ijaw women and the strategies they adopt to combat perceived\\ud discrimination. A theoretical framework of structure, culture, agency, intersectionality, and\\ud social identity theory underpinned this research. Hermeneutic phenomenological\\ud methodology was adopted within which 40 in-depth semi-structures interviews were\\ud conducted. Findings indicate that for most respondent...

THE LAWYER`S OPINION IN MODERN CIVIL LAW

Directory of Open Access Journals (Sweden)

Elena Evgenyevna Dubovaya

2015-12-01

Full Text Available Purpose to define value of freedom and fight of opinions, views and lawyer’s positions in development of science of civil law.Methodology theoretical analysis, inductive and deductive methods.Results It is established that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. So, free expression of opinions is the engine of development of civil law.Practical implications introduction in educational process on disciplines of civil jurisprudence, further research of fight of opinions in civil law.Tendencies of the present stage of development of legal system are characterized by aspiration to fix in the Russian legal system of the beginning of private law, where at the head of a corner – people as a legal entity. Opinions of lawyers on various legal problems, and the attitudes towards these opinions are subject to considerable dynamics. The centuries-old history of development of the right showed that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. The modern civil law widely uses a method of comparative jurisprudence, studying experience of the civilized countries which promoted in development of the civil legislation.

The Effect of ‘Human Resource Development Professionals expertise’ on effectiveness of Management Development in the civil service of Kenya

Directory of Open Access Journals (Sweden)

Wachira F. N.

2013-07-01

The study concludes that managers had little confidence in the HRD professional’s capacity to help them develop effectively since they did not have the required skills and competences nor did they frequently use appropriate work based development strategies. The study recommends that the Government pay attention to recruitment and development of HRD professionals and the Professionals should pay attention to their personal development to enhance their capacity for facilitating management development in the civil service effectively.

MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

Science.gov (United States)

Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

2018-03-01

The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

Do public health services in Egypt help young married women exercise their reproductive rights?

Science.gov (United States)

Abdel-Tawab, Nahla; Rabie, Tamer; Boehmova, Zuzana; Hawkins, Loraine; Saher, Sally; El Shitany, Atef

2015-08-01

To assess supply and demand of family planning services from a reproductive rights perspective among young married women (YMW) in Egypt. Data sources related to family planning included structured interviews with service providers (n=216); an inventory of equipment and supplies (n=40); exit interviews with YMW (n=147); and focus group discussions (n=12) with YMW, husbands, and mothers and/or mothers in law. YMW, husbands and mothers in law were not necessarily related. Although family planning services were readily available and affordable, YMW had limited access to information and services. Shortfalls were noted regarding respect for privacy, choice of family planning method, access to fertility services, and premarital counseling. Few YMW had sufficient autonomy to make informed reproductive decisions. Effective accountability mechanisms and processes for redress were also lacking. Implementation of a rights-based approach and structural changes to family planning service delivery are recommended to empower YMW in Egypt to demand and exercise their reproductive rights. Copyright © 2015. Published by Elsevier Ireland Ltd.

Rights to ecosystem services

NARCIS (Netherlands)

Davidson, M.

2014-01-01

Ecosystem services are the benefits people obtain from ecosystems. Many of these services are provided outside the borders of the land where they are produced; this article investigates who is entitled to these non-excludable ecosystem services from two libertarian perspectives. Taking a

75 FR 39641 - Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes

Science.gov (United States)

2010-07-12

... law judge (ALJ) reverses the civil money penalty determination in whole or in part, the escrowed..., widespread harm, or resulting in a resident's death is not eligible for the civil money penalty reduction... Penalties for Nursing Homes AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Proposed...

Rural and remote speech-language pathology service inequities: An Australian human rights dilemma.

Science.gov (United States)

Jones, Debra M; McAllister, Lindy; Lyle, David M

2018-02-01

Access to healthcare is a fundamental human right for all Australians. Article 19 of the Universal Declaration of Human Rights acknowledges the right to freedom of opinion and to seek, receive and impart information and ideas. Capacities for self-expression and effective communication underpin the realisation of these fundamental human rights. For rural and remote Australian children this realisation is compromised by complex disadvantages and inequities that contribute to communication delays, inequity of access to essential speech-language pathology services and poorer later life outcomes. Localised solutions to the provision of civically engaged, accessible, acceptable and sustainable speech-language pathology services within rural and remote Australian contexts are required if we are to make substantive human rights gains. However, civically engaged and sustained healthcare can significantly challenge traditional professionalised perspectives on how best to design and implement speech-language pathology services that seek to address rural and remote communication needs and access inequities. A failure to engage these communities in the identification of childhood communication delays and solutions to address these delays, ultimately denies children, families and communities of their human rights for healthcare access, self-expression, self-dignity and meaningful inclusion within Australian society.

Same-sex marriage, civil marriage and cohabitation: the law, the ...

African Journals Online (AJOL)

Same-sex marriage, civil marriage and cohabitation: the law, the rights and responsibilities. ... Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This paper examined the law surrounding marriage rights and ...

75 FR 35093 - Civil Service Retirement System; Present Value Factors

Science.gov (United States)

2010-06-21

... present value factors to changes in demographic factors adopted by the Board of Actuaries of the Civil... actuarial assumptions and data to the Board of Actuaries, care of Gregory Kissel, Actuary, Office of... 1986, Public Law 99- 335, based on changed demographic factors adopted by the Board of Actuaries of the...

Children's Education and Mental Health in Spain during and after the Civil War: Psychiatry, Psychology and "Biological Pedagogy" at the Service of Franco's Regime

Science.gov (United States)

Gomez, Amparo; Canales, Antonio

2016-01-01

This article analyses the child psychiatry and psychology developed during the Spanish Civil War and immediate postwar period. The aim is to demonstrate that, despite the existence of a certain degree of disciplinary continuity in relation to the pre-war period, both disciplines were placed at the service of Francoism. This meant that the…

Politicization and the Replacement of Top Civil Servants in Denmark

DEFF Research Database (Denmark)

Christensen, Jørgen Grønnegård; Opstrup, Niels; Klemmensen, Robert

2014-01-01

This article of top civil servants in Danish central and local government sheds new light on politicization. A survival analysis shows that since 1970, the risk that a top civil servant will be replaced has increased. There is no evidence of politicization in central government while city managers......’ risk of replacement increases both when a new mayor, representing another party and holding an absolute majority, and when the shift of mayor takes place within the same party. We interpret these results as evidence of the adaptability of the merit civil service and political executives’ stronger...... insistence on their authority to make discretionary replacements....

42 CFR 422.756 - Procedures for imposing intermediate sanctions and civil money penalties.

Science.gov (United States)

2010-10-01

... civil money penalties. 422.756 Section 422.756 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... Sanctions § 422.756 Procedures for imposing intermediate sanctions and civil money penalties. (a) Notice of... money penalties—(1) CMS notice to OIG. If CMS determines that an MA organization has failed to comply...

42 CFR 423.756 - Procedures for imposing intermediate sanctions and civil money penalties.

Science.gov (United States)

2010-10-01

... BENEFIT Intermediate Sanctions § 423.756 Procedures for imposing intermediate sanctions and civil money... civil money penalties. 423.756 Section 423.756 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... sanctions have been imposed, CMS may require a Part D plan sponsor to market or to accept enrollments or...

The Fundamentals of Civil Disobedience in John Rawls

Directory of Open Access Journals (Sweden)

Eduardo Baldissera Carvalho Salles

2016-11-01

Full Text Available Investigating civil disobedience from a liberal perspective, the working thread through the thought of John Rawls, exposed in the work A Theory of Justice, presenting the phenomenon as a kind of political resistance as well as the theoretical framework that legitimizes as processing instrument contemporary society and guarantor of individual rights. Thus, discusses the duty to obey unjust laws defining what the justification of civil disobedience, designed to Rawls just almost just, democratic and orderly.

A Measurement of Civil Engineering Customer Satisfaction.

Science.gov (United States)

1987-09-01

and the people who consume it" (2iv-xvii). More recently, service providers have become aware of the importance of customer satisfaction, but most do... customer as both a consumer and a co-producer; that is, the customer is the recipient of the service, and, at the same time, is involved in the...base civil engineering customers are more like consumers and less like co-producers because the BCE works on facilities, not on the occupants

Civil Law Legal Assistance: Lawyers Study Guide

National Research Council Canada - National Science Library

1999-01-01

.... Some topics discussed in this volume include interviewing and client counseling, preventive law programs, estate planning, family support, family law, separation agreements, consumers laws, income tax law, and a discussion of legislation such as the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses Protection Act.

Law No.13.192 workers that execute radiological services it state included in the advantage of the laws 9.940 and 9744 to civil or militaries employers belonging to Ministry of National Defense

International Nuclear Information System (INIS)

1962-01-01

The civil and military officials that lend services in dependences of the Ministry of National Defense in the tasks of radiological services were applied in the compute to be carried out the legal norms referred to effects of their retirement [es

THE IMPLICATIONS OF THE CIVIL SOCIETY IN THE EASTERN PARTNERSHIP

Directory of Open Access Journals (Sweden)

Loredana JITARU

2017-04-01

Full Text Available The Eastern Partnership (EaP launched in 2009 as the Eastern dimension of the European Neighbourhood Policy introduced the civil society as a new strategic actor in the EU's relations with Eastern Partnership countries. The civil society‟s role is to participate in policy making, to suggest new initiatives and to promote shared values of partnership, such as: democracy, promoting better governance, state law, sustainable development, respect for human rights and for the fundamental freedoms. The paper is divided into two parts. In the first part, we analyse the role of the civil society in the EaP and we ask whether the increasing role of the civil society in the EaP will lead to the success of this project. In the second part, we analyse the perceptions and the attitudes of civil society towards European integration.

Civil Service Training in Kazakhstan: The Implementation of New Approaches

Science.gov (United States)

Suleimenova, Gulimzhan

2016-01-01

Kazakhstan is one of the few countries in Central Asia in a historically short period of time managed to take strong positions in the international arena. However, under the conditions of rapidly changing world, the country has to face challenges driven by new requirements to civil servants professional level. Therefore, the 100 Steps Government…

42 CFR 422.752 - Basis for imposing intermediate sanctions and civil money penalties.

Science.gov (United States)

2010-10-01

... money penalties. 422.752 Section 422.752 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... Sanctions § 422.752 Basis for imposing intermediate sanctions and civil money penalties. (a) All... sanctions at 422.750(a)(1) and (a)(3). (c) Civil Money Penalties. (1) CMS. In addition to, or in place of...

Addressing the Right to Self-Determination: The Okinawans’ Claims from the Group-Based Rights Perspective

OpenAIRE

Tamura, Momoka

2016-01-01

This paper discusses the Japanese society from the group-based rights perspective. International human rights law provides the rights mostly in an individualistic form. But there is also a development of the international standards of rights with group-dimensions. The right to self-determination under the common article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR) provide a collective right to...

42 CFR 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Waiver of hearing, reduction... Civil money penalties: Waiver of hearing, reduction of penalty amount. (a) Waiver of a hearing. The... the civil money penalty. (b) Reduction of penalty amount. (1) If the facility waives its right to a...

Human Rights Education in Israel: Four Types of Good Citizenship

Science.gov (United States)

Agbaria, Ayman K.; Katz-Pade, Revital

2016-01-01

This article examines the involvement of civil society organizations in human rights education (HRE) in Israel. Focussing on the educational programs of the Association for Civil Rights in Israel (ACRI), as a qualitative instrumental case study, this article examines the conceptions of good citizenship embedded in these programs. Specifically, the…

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

Science.gov (United States)

2010-07-01

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

Human rights versus legal control over women's reproductive self-determination.

Science.gov (United States)

Uberoi, Diya; de Bruyn, Maria

2013-06-14

States have a duty under international human rights law to protect people's health. Nonetheless, while some health-related policies and laws protect basic human rights, others violate fundamental rights when they criminalize, prohibit, and restrict access to necessary health services. For example, laws and regulations related to protection of life from conception, contraception, actions of pregnant women, and abortion can harm women and place women and health care providers in jeopardy of legal penalization. Given the adverse consequences of punitive and restrictive laws related to pregnancy, advocates, civil society groups, human rights groups, and government institutions must work together to promote, protect, and fulfill women's fundamental reproductive rights. Copyright © 2013 Uberoi and de Bruyn. 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.

The Obligation And Warranty To State Reasons Of Judicial Decisions Under The Paradigm Of The New Code Of Civil Procedure: A Right Of Democratic State Of Consolidation

Directory of Open Access Journals (Sweden)

Quezia Dornellas Fialho

2017-02-01

Full Text Available The constitutional state requires den to fundamental rights within the process. The duty, while the guarantee, the evidence of judicial decisions should, together with other procedural principles, lead to a new way of thinking about the process, not aiming at the speed at any cost, but the safe conduct of the fundamental rights of parties during the procedural motion. Thus, with respect to this duty-assurance, the new Code of Civil Procedure innovated by establishing requirements for the goals adequate reasoning of judgments.

Advocating for Change? How a Civil Society-led Coalition Influences the Implementation of the Forest Rights Act in India

NARCIS (Netherlands)

Barnes, Clare; van Laerhoven, Frank; Driessen, Peter P J

2016-01-01

Forest policy implementation is a political endeavor involving both state and non-state actors. We observe that civil society organizations (CSOs) often federate into civil society-led coalitions (CSCs) in order to shape forest policies in their favor. They appear to be successful in doing this

New voters, new outlook? Predispositions, social networks, and the changing politics of gay civil rights.

Science.gov (United States)

Becker, Amy B; Scheufele, Dietram A

2011-01-01

Objectives. This study examines the factors that shape public acceptance of homosexuality and support for same-sex marriage across age cohorts.Methods. We analyzed data from two national surveys. We constructed hierarchical logistic and hierarchical ordinary least squares regressions for relevant age cohorts in order to test our hypotheses and explore our research questions.Results. Our models suggest that personal contact has a greater impact on the attitudes of younger respondents, positively influencing public acceptance of homosexuality. Alternatively, religious and ideological predispositions have a greater impact on the attitudes of older individuals. When examining public support for gay marriage, we find that younger individuals have higher levels of deliberative engagement with the issue debate, while older individuals rely more heavily on their predispositions when determining issue stance. Interestingly, measures of media exposure are not significantly related to either public acceptance of homosexuality or support for same-sex marriage, suggesting that other factors may have a greater impact on public attitudes at this point in time.Conclusion. The implications of these findings are discussed in light of the emergence of a new political generation and the continuing struggle for gay civil rights.

Personnel Recruitment and Retention Strategies in Lagos State Civil ...

African Journals Online (AJOL)

Personnel Recruitment and Retention Strategies in Lagos State Civil Service of Nigeria. ... The results show that the strategy for personnel recruitment into the CS is based on mixtures of merit and political ... AJOL African Journals Online.

Applying human rights to improve access to reproductive health services.

Science.gov (United States)

Shaw, Dorothy; Cook, Rebecca J

2012-10-01

Universal access to reproductive health is a target of Millennium Development Goal (MDG) 5B, and along with MDG 5A to reduce maternal mortality by three-quarters, progress is currently too slow for most countries to achieve these targets by 2015. Critical to success are increased and sustainable numbers of skilled healthcare workers and financing of essential medicines by governments, who have made political commitments in United Nations forums to renew their efforts to reduce maternal mortality. National essential medicine lists are not reflective of medicines available free or at cost in facilities or in the community. The WHO Essential Medicines List indicates medicines required for maternal and newborn health including the full range of contraceptives and emergency contraception, but there is no consistent monitoring of implementation of national lists through procurement and supply even for basic essential drugs. Health advocates are using human rights mechanisms to ensure governments honor their legal commitments to ensure access to services essential for reproductive health. Maternal mortality is recognized as a human rights violation by the United Nations and constitutional and human rights are being used, and could be used more effectively, to improve maternity services and to ensure access to drugs essential for reproductive health. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

How Global is Global Civil Society?

Directory of Open Access Journals (Sweden)

Neera Chandhoke

2015-08-01

Full Text Available In recent times the concept of global civil society has made its appearance on national and international intellectual, as well as political agendas, in a major way. It is of some interest that two other concepts, both of which call for transcendence of national boundaries in precisely the same way as global civil society does, have also made their appearance on the scene of intellectual debates at roughly the same time: the concept of cosmopolitanism and that of transnational justice. All three concepts have dramatically expanded the notion of commitment to one’s fellow beings beyond the nation state. And all three concepts have extended critiques of policies that violate the dignity of human beings from national governments to the practices of inter-national institutions such as the World Bank, the International Monetary Fund, and the World Trade Forum. In sum the inter-related concepts of global civil society, cosmopolitanism, and transnational justice have greatly enlarged the traditional domain of political theory. And yet for any political theorist who is acutely conscious of the phenomenon of power, these concepts are not unproblematic. For the practices of global civil society may just reinforce the intellectual and the moral power of the West over the postcolonial world. This is particularly true of say global human rights organizations. This paper will attempt to raise some questions of the concept and the practices of global civil society from the perspective of the countries of the South.

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.

Art and Civil Action : Cultural Organizations in the European Civil Domain

NARCIS (Netherlands)

Gielen, Pascal; Lijster, Thijs

2017-01-01

In this article, the place of new cultural organizationsin the civil domain is analysed. The authors describe a theoretical model that they call the ‘civil chain’, describing the different phases in which civil organizations develop themselves. The civil chain delivers analytic insights into the

Homoaffectivity and Human Rights

Directory of Open Access Journals (Sweden)

Luiz Mott

2006-05-01

Full Text Available The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same sex, including the legal recognition of the civil union.

Considerations in civil commitment of individuals with substance use disorders.

Science.gov (United States)

Cavaiola, Alan A; Dolan, David

2016-01-01

Several states currently have enacted laws that allow for civil commitment for individuals diagnosed with severe substance use disorders. Civil commitment or involuntary commitment refers to the legal process by which individuals with mental illness are court-ordered into inpatient and/or outpatient treatment programs. Although initially civil commitment laws were intended for individuals with severe mental illness, these statutes have been extended to cover individuals with severe substance use disorders. Much of the recent legislation allowing for civil commitment of individuals with substance use disorders has come about in response to the heroin epidemic and is designed to provide an alternative to the unrelenting progression of opioid use disorders. Civil commitment also provides an opportunity for individuals with opioid use disorders to make informed decisions regarding ongoing or continued treatment. However, civil commitment also raises concerns regarding the potential violation of 14th Amendment rights, specifically pertaining to abuses of deprivation of liberty or freedom, which are guaranteed under the 14th Amendment to the United States Constitution. This commentary examines these issues while supporting the need for effective brief civil commitment legislation in all states.

Latin American Civil-Military Relations in a Historical Perspective: A Literature Review

OpenAIRE

Skaar, Elin; Malca, Camila Gianella

2014-01-01

Civil-military relationships constitute a crucial element in the transition to substantive democracy all over the world. During periods of authoritarianism or civil war, the military in Latin America has been responsible for extensive violations of human rights and humanitarian law. Since the reintroduction of democracy in the region in the 1980s and 1990s, the military has gradually been brought back under civilian rule. The balance of power between military and civil political actors has sh...

Exploring the effects of individual customer incivility encounters on employee incivility: the moderating roles of entity (in)civility and negative affectivity.

Science.gov (United States)

Walker, David D; van Jaarsveld, Danielle D; Skarlicki, Daniel P

2014-01-01

Incivility between customers and employees is common in many service organizations. These encounters can have negative outcomes for employees, customers, and the organization. To date, researchers have tended to study incivility as an aggregated and accumulated phenomenon (entity perspective). In the present study, we examined incivility as it occurs during a specific service encounter (event perspective) alongside the entity perspective. Using a mixed-method multilevel field study of customer service interactions, we show that individual customer incivility encounters (i.e., events) trigger employee incivility as a function of the employee's overall accumulated impression of the (in)civility in his or her customer interactions, such that the effects are more pronounced among employees who generally perceive their customer interactions to be more versus less civil. We also find that these interactive effects occur only among employees who are lower (vs. higher) in negative affectivity. Our results show that, in order to expand the understanding of customer incivility, it is important to study the incivility encounter, the social context in which negative customer interactions occur, and individual differences. PsycINFO Database Record (c) 2014 APA, all rights reserved

EVALUATION OF COMMUNITY COMMUNITY SERVICES AND MEDIATION SERVICES INFRINGEMENT OF CHILDREN'S RIGHTS IN THE COMMISSION OF INDONESIAN CHILD PROTECTION

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Naswardi Naswardi

2017-12-01

Full Text Available This study aimed to evaluate the service programs of public complaints and mediation of dispute child rights violations in the Indonesian child protection commission (KPAI . Evaluation model used was Discrepancy Evaluation Model (DEM. This study used a qualitative approach. Data collected through observation, interviews, focus groups and internal supporting data. The results showed that the sub-focus research on the Desain of the program resulted in a Skor value of three, it’s means lower inequality. This illustrates that the Desain of the program has been good. Sub focus of the program installation Skord eight, it’s means inequality are quite low and illustrates quite well the installation program. Sub focus on the process of implementing the program generates a Skor value of ten, it’s means that inequality is high enough and illustrates that the process of program implementation should be improved both from the aspect of organization, management of human resources and services. Sub focus of product produces a value of ten, it’s means that high inequality. This illustrates that the product of service complaints and dispute mediation and child rights violations in KPAI, in need of repair and upgrading. This study found some substantial weaknesses in the implementation of the program by KPAI. Limited human resources, organizational structure ineffective, limited information service system, the absence of a quality management system in service and availability of facilities, infrastructure and facilities that have not been friendly for users of the service. This is a major problem that must be corrected to improve the quality of public complaints service program of and mediation of dispute child rights violations in KPAI.

Image Right and Copyright Law in Europe: Divergences and Convergences

OpenAIRE

Tatiana Synodinou

2014-01-01

This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimo...

RELEVANT ISSUES CONCERNING THE RELOCATION OF CIVIL PROCEEDINGS UNDER THE NEW CODE OF CIVIL PROCEDURE (NCPC

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Andrei Costin GRIMBERG

2015-07-01

Full Text Available The change of the new code of civil procedure and obvious the entry of the new provisions at 15th February 2013, has been thought with the hope to accelerate the procedures related to judgement with a noticeable simplification of procedures, all designed with the aim of unifying the case law and to lower the costs generated by lawsuits , costs both borne by the State as well by citizens involved the cases in court . Thus, the implementation of the New Code of Civil Procedure, desired the compliance right to a fair trial within a optimal time and predictable by the court, by judging the trial in a speedy way , avoiding unjustified delays of the pending cases and to the new petitions introduced, by excessive and unjustified delays often. By the noticeable changes that occurred following the entry into force of the new Code of Civil Procedure, it identify and amend the provisions regarding requests for displacement, in terms of the grounds on which it may formulate the petition of displacement and the court competent to hear such an application.

Lineage of global civil engineering. Global civil engineering no keifu

Energy Technology Data Exchange (ETDEWEB)

Hashimoto, M

1994-04-15

This paper considers which way the global civil engineering should go in the future. Civil engineering has now a paradigm with a new dimension debuted as the global environmental problems are taken up specifically. Achieving the target of civil engineering requires a critical review that how the cost effect and efficiency discussions in only the dimensions of the conventional technologies and economies can be incorporated into the dimensions and measures of new fields to create the new horizons. Conceiving the relationship between civil engineered structures and environmental climate encounters the indispensable judgment criterion on how such social scientific conditions as weather, culture, religion, economy, and politics are combined to reach a judgment. The global civil engineering is desired to have the ideas and directional role to work on the ultimate assignment of environment and development called a global environmental problem analytically, comprehensively, innovatively and creatively as the civil engineering science, rather than as a mere existence of one area of the advanced civil engineering science. 5 refs., 1 tab.

Historical aspects of the nuclear right development

International Nuclear Information System (INIS)

Puig, Diva E.

1999-01-01

This paper analyses the historical aspects of the nuclear right development. It makes the evolution of the fundamental principles of nuclear right, in special, the civil responsibility for nuclear damages. (author)

Limits of civil and environmental responsibility in transport through pipelines; Limites da responsabilidade civil e ambiental no transporte por dutos

Energy Technology Data Exchange (ETDEWEB)

Leao, Andreia Carneiro [EnviroCompliance Assessoria Ambiental (Brazil); Guilherme Samico, Natalizim Luiz [Webler e Advogados Associados, Macae, RJ (Brazil)

2003-07-01

Throughout the historic evolution of the Brazilian legislation, including a brief analysis of the prevailing laws regarding the subject, this paper provides an ample vision of the civil and environmental liability in transport contracts, and, especially, in the transport of oil and gas through pipelines, discussing the present influence of environmental norms and the New Brazilian Civil Code. And what was brought to a conclusion is, if on one hand were kept the liability of the Sender (user company of the transportation service contracted with the Carrier) and Carrier (personal entity operator of the pipeline system), who respond jointly and regardless of fault for damages to third parties and the environment (extendible also to the owner of the product and to financial institutions that participate in some form in the contract), on the other hand the New Civil Code authorizes the National Petroleum Agency - ANP to rule the liabilities between the parties to the transport contract, providing greater safety to the system operators. (author)

Stasis and Bellum Civile

DEFF Research Database (Denmark)

Lange, Carsten Hjort

2017-01-01

David Armitage’s new monograph Civil Wars: A History in Ideas (2017) will undoubtedly long remain a standard reference work. It presents readers with a vision of civil war as part of the longue durée. The argument might be further strengthened, however, if a more inclusive Greco-Roman approach...... to ancient civil war is accepted. This essay focuses on stasis vs. bellum civile, the origins of the concept of civil war, the approach of later Roman writers (such as Appian and Cassius Dio) to the concepts of stasis and bellum civile, and, finally, the question of what makes a civil war a civil war....... Whatever concepts were used, the Romans were not the first to experience internal war as a civil war—that is, a war between the citizens of a polity....

Is it possible to protect constitutional rights through simple procedural law

International Nuclear Information System (INIS)

Dolde, K.P.

1982-01-01

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

Psychiatric morbidity and people's experience of and response to social problems involving rights.

Science.gov (United States)

Balmer, Nigel J; Pleasence, Pascoe; Buck, Alexy

2010-11-01

Psychiatric morbidity has been shown to be associated with the increased reporting of a range of social problems involving legal rights ('rights problems'). Using a validated measure of psychiatric morbidity, this paper explores the relationship between psychiatric morbidity and rights problems and discusses the implications for the delivery of health and legal services. New representative national survey data from the English and Welsh Civil and Social Justice Survey (CSJS) surveyed 3040 adults in 2007 to explore the relationship between GHQ-12 scores and the self reported incidence of and behaviour surrounding, rights problems. It was found that the prevalence of rights problems increased with psychiatric morbidity, as did the experience of multiple problems. It was also found the likelihood of inaction in the face of problems increased with psychiatric morbidity, while the likelihood of choosing to resolve problems without help decreased. Where advice was obtained, psychiatric morbidity was associated with a greater tendency to obtain a combination of 'legal' and 'general' support, rather than 'legal' advice alone. The results suggest that integrated and 'outreach' services are of particular importance to the effective support of those facing mental illness. © 2010 Blackwell Publishing Ltd.

Predictors of the sex offender civil commitment trial outcomes in New York State.

Science.gov (United States)

Lu, Yunmei; Freeman, Naomi J; Sandler, Jeffrey C

2015-10-01

The present study analyzed sex offender civil management (i.e., civil commitment) legal proceedings in New York State and identified factors that predict trial results. Specifically, the current study compared a sample of 38 sex offenders who were released to the community after winning their civil management trials to 183 sex offenders who lost their civil management trials. Additionally, for the 183 sex offenders who lost their civil management trials, the current study compared 146 offenders who were ordered to inpatient civil commitment to 37 offenders who were deemed fit for civil management in the community. Results of the analyses indicated that sexual criminality, sexual deviance, and criminality involving child victims increased the likelihood of offenders both losing their civil management trial and being found to be in need of inpatient care, while the presence of variables associated with nonsexual criminality increased the likelihood of offenders both winning their civil management trials and being deemed fit for management in the community. The findings of this study provide guidance for psychiatric examiners who testify in civil management legal proceedings, as well as for legal professionals specializing in civil management cases. (c) 2015 APA, all rights reserved).

Rights or Repentance

Science.gov (United States)

Minnigerode, Fred A.

1977-01-01

Early data suggest that homosexuals are becoming more aware of their civil rights and more willing to fight for them. Men and women no longer have to repent for their homosexual feelings and behavior. Presented at the 1976 American Psychological Association Convention, Washington, D.C. (Author)

The fallacy of "equal treatment" in Brazil's bill of rights for internet users A falácia da "igualdade de tratamento" na carta brasileira de direitos dos usuários da internet

Directory of Open Access Journals (Sweden)

J. Gregory Sidak

2012-12-01

Full Text Available The "Brazilian bill of rights for internet users," or "marco civil," has been under consideration at the brazilian congress since 2011. Marco civil's provisions for network neutrality have been particularly controversial. Proponents of network neutrality in Brazil advocate for the "equal treatment" of all data packets, including banning internet service providers from offering to content providers the option to purchase enhanced quality of service in the delivery of data packets. These network neutrality rules conflict with the other goals and principles of marco civil-particularly goals to promote internet access, to foster innovation, and to protect the constitutional right of freedom of speech and the free flow of information.A "carta Brasileira de direitos dos usuários da internet," ou "marco civil," tramita no congresso Brasileiro desde 2011. As disposições do marco civil relativas à neutralidade de rede são particularmente controversas. Os defensores da neutralidade de rede no Brasil advogam pela "igualdade de tratamento" de todos os pacotes de dados, inclusive proibindo que provedores de serviço de acesso à internet ofereçam aos provedores de conteúdo a opção de adquirir uma melhor qualidade de serviço na entrega de pacotes de dados. Essas disposições relativas à neutralidade de rede conflitam com outros objetivos e princípios do marco civil - especialmente os objetivos de promover o acesso à internet, promover a inovação, e garantir o direito constitucional de liberdade de expressão e informação.

Rationalization in the Nigerian Public Service: Implications for Cross ...

African Journals Online (AJOL)

This study therefore assessed the effect of rationalization in the Nigerian Public Service using Cross River State Civil service as a case study. Data generated for the study were sourced from 308 public servants from selected ministries and parastatals in the Cross River State Civil Service using structured questionnaire.

Improving the police activities in ensuring the constitutional rights and freedoms of man and citizen and interaction with civil society institutions: comprehensive measures

Directory of Open Access Journals (Sweden)

Kirichek E.V.

2014-12-01

Full Text Available Russian police reform is another important step to modernize the country and public administration system. The main purpose of ongoing reforms is to create the modern and efficient law enforcement system, to form a new image of police officer in the XXI century and to change the social role of law enforcement agencies in society. Unfortunately, the results expected by society aren’t achieved. It’s stated that the reform is only at its beginning, many decisions are still to be made and implemented. The main focus is on comprehensive measures aimed at improving the police activities in ensuring the constitutional rights and freedoms of man and citizen and interaction with civil society institutions. Some features and problems of interaction between police and civil society institutions are considered. Statistics is provided. A number of constructive conclusions concerning further progressive development of interaction of police with civil society institutions are made. Despite the significant number of papers devoted to these issues, it’s necessary to note the insufficient elaboration of problems in this area. The reason is the ongoing reforms in Russia in general and police reform in particular, the instability of the current legislation regulating these issues. A lack of a clear concept of the reform, arising from a clear understanding of the police role and functions, is evident. These and other circumstances determine the topicality and practical importance of the research, the necessity of studying the peculiarities of police activities to improve its efficiency. They also indicate the need for scientific and practical recommendations.

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

Science.gov (United States)

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

2014-01-01

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

Direitos civis dos jovens e a insegurança urbana Youth civil rights and urban insecurity

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Augusto Caccia-Bava Junior

2007-05-01

Full Text Available Este ensaio parte do reconhecimento de uma conjuntura de crise institucional, para analisar o contexto da formação dos direitos civis dos jovens e suas fragilidades ,com vista a alcançar, por meio dessa reflexão, uma exposição dos aspectos da insegurança urbana presentes na sociedade brasileira. Palavras-chave: Crise institucional. Direitos civis dos jovens. Insegurança urbana. This essay starts with the recognition of a particular political institutional crisis as a base to analyze the development of the youth civil wrights and their gaps in order to reach an exposition of the characteristics of urban insecurity that takes place in Brazilian society. Keywords: Institutional crisis; Youth civil wrigths; Urban insecurity.

Mine and land ownership in operation planning procedures. On the framing of issues of conflicting civil rights under administrative law

International Nuclear Information System (INIS)

Schmidt-Assmann, E.; Schoch, F.

1994-01-01

On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH) [de

Reality Checks: The state of civil society organizations in Ethiopia ...

African Journals Online (AJOL)

the role of donors in supporting CSOs and the responses of the government to the ... Key words: civil society organizations; regulatory frameworks; service ..... rates; prevention and control of the spread of HIV, tuberculosis, and malaria; gender.

28 CFR 104.61 - Limitation on civil actions.

Science.gov (United States)

2010-07-01

... COMPENSATION FUND OF 2001 Limitations § 104.61 Limitation on civil actions. (a) General. Section 405(c)(3)(B) of the Act provides that upon the submission of a claim under the Fund, the claimant waives the right...

From Passive Victims to Partners in Their Own Reintegration: Civil society’s role in empowering returned Thai fishermen

Directory of Open Access Journals (Sweden)

David Rousseau

2018-04-01

Full Text Available Despite the significant international attention to human trafficking in the fishing industry in Southeast Asia, victims continue to experience poor outcomes after their return to Thailand. The Labour Rights Promotion Network (LPN has assisted many returned fishermen in the difficult journey that begins after their rescue and repatriation. In this paper, we argue that the poor outcomes are the product of systemic failures in the aftercare processes, which are not sufficiently victim-centred and discourage trafficked fishermen’s participation in prosecutions. This is the case in the criminal justice system, where flaws in victim identification and evidence collection can undermine trafficked persons’ rights and make it extremely difficult for them to obtain compensation—a significant factor in their recovery and reintegration. This same cycle of disenfranchisement is pervasive in reintegration services at large in Thailand, many of which are overly paternalistic and neglect survivors’ individual needs and interests. Civil society organisations can remediate these problems by supporting the government in its efforts to strengthen prosecutions and make the criminal justice system more victim-friendly. More broadly, civil society can contribute to a victim-centred approach that places aftercare in a larger perspective—one that extends beyond the purview of the criminal justice system. This paper will examine two emerging models in post-trafficking service provision: Unconditional Cash Transfers (UCTs and volunteer social networks, which recognise victim empowerment not just as a means towards better law enforcement, but as an end in itself.

Identifying a Human Right to Access Sustainable Energy Services in International Human Rights Law (SDG 7)? (LRN Law and Sustainability Conference)

NARCIS (Netherlands)

Hesselman, Marlies

2017-01-01

This paper assessed whether a right to sustainable energy services access can be found in international human rights law, possibly in support of achieving UN Sustainable Development Goal 7. According to SDG 7.1, States are expected to strive for the implementation of "universal access to modern,

75 FR 34465 - Office for Civil Rights and Civil Liberties; Guidance to Federal Financial Assistance Recipients...

Science.gov (United States)

2010-06-17

..., language can be a barrier to accessing important benefits or services, understanding and exercising... all of the following options for providing competent interpreters in a timely manner. Competence of Interpreters. When providing oral assistance, recipients should ensure competency of the language service...

Bureaucrats as Innovators? Statistical Analysis on Innovative Capacity within the Hungarian Central Civil Service

Directory of Open Access Journals (Sweden)

Marton GELLÉN

2016-12-01

Full Text Available What makes a public administration innovative if it is strongly legalistic and profoundly bureaucratic? Are there innovators in such a setting who would be able to elaborate strategies in accordance with public demands? If yes, who are the innovators and what are they like? Are they among the leaders? The article offers an answer to these questions based on an empirical research conducted in Hungary where public administration is not only legalistic but has a strong culture of topdown domination. The current study targets the key element of innovativeness namely: managerial and cultural prerequisites of innovation within central public administration. The empirical research was carried out in the Hungarian central civil service. The article also discusses whether such an environment would have an impact on innovations. According to the fi ndings of the article, certain prerequisites of an innovative environment exist in the given strictly hierarchic, traditionally stiff setting; however, traits of innovativeness can be identifi ed in innovators who are genuine bureaucrats at the same time.

42 CFR 423.752 - Basis for imposing intermediate sanctions and civil money penalties.

Science.gov (United States)

2010-10-01

... money penalties. 423.752 Section 423.752 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES... BENEFIT Intermediate Sanctions § 423.752 Basis for imposing intermediate sanctions and civil money.... (iii) Medical social work. (iv) Administrative services. (b) Suspension of enrollment and marketing. If...

Assessment of community satisfaction index of population and civil registration office in Malang municipal

Science.gov (United States)

Hakim, A. N.

2017-06-01

The demands and needs of the community will be the quality of public services in Malang increased, so that the Government of Malang as organizers and executors of public services must meet these demands. The Municipal Government in its efforts to improve public service performance, forming the regional One Stop Operator (PPTSP) with the goal will be to simplify and improve efficiency in administrative proceedings. But the existence of the one stop service is still not optimal because of the persistence of public complaints about the performance of the one stop service. This study will discuss the performance of services in service counter of Population and Civil Registration through community satisfaction index to measure the service level and the perception of satisfaction and interest to determine which variables are less optimal and need to be improved using IPA method. The results showed that the level of service at the service counter of Population and Civil Registration quite good. Meanwhile, according the results of IPA analysis, there are two important variables for the community on the performance / quality was lacking, namely the service procedure and time.

17 Human Resource Development and the Productivity of the Civil ...

African Journals Online (AJOL)

FIRST LADY

2011-01-18

Jan 18, 2011 ... Civil Service of Cross River State, Nigeria (Pp. 17-24). Egbe ... knowledge content an employee possesses is the quality of training and retraining the ... offered useful hints that ensured standards that eventually aided the final.

Civil Society and the Democratic Experience in Kenya

African Journals Online (AJOL)

But the first chapter is somewhat lean on details while chapter 2 is theoretically thin. .... the sequel that people 'used sectors of civil society as springboards to activate political careers' (p. 115). Indeed, many opposition ..... of services to the generality of the citizens? It would also be interesting to give a comprehensive ...

The effects of workforce-shaping tools on retirement: the case of the Department of Defense civil service.

Science.gov (United States)

Asch, Beth J; Haider, Steven J; Zissimopoulos, Julie M

2009-11-01

Apriority area for the public health workforce research agenda is the study of the public health labor market and how wages and benefits affect workforce outcomes, including recruiting, retention, and retirement. This study provides an example of such a study for the Department of Defense civil service workforce. We analyze the financial incentives to retire that are specifically embedded in the retirement system and how different workforce-shaping policies would affect these incentives. The study then uses a recently estimated model of the effects of financial incentives on retirement behavior among defense civilians to predict how these workforce-shaping tools would affect retirement behavior. We find that buyouts, retention incentives, and other workforce-shaping tools have a sizable effect on predicted retirement behavior and therefore, could be useful policies to help manage retirement outflows.

Department of Civil Procedure and Formation of Its Scientific School

Directory of Open Access Journals (Sweden)

Вячеслав Васильович Комаров

2016-06-01

Full Text Available The article deals with research of the early stage of formation of scientific school of department of Civil Procedure of Yaroslav Mudryi National Law University. The achievements of the scientists of the department are analyzed, who were the intellectual founders of its scientific and pedagogical traditions. The urgent problems of civil procedure law science of that time and the scientific achievements of the department, which became cornerstones for its future development and next generations of procedural law scientists, are highlighted. The article presents the research of the subject of civil procedural law by S.Yu. Katz and L.Y. Nosko. Description of L.Y. Nosko’s works is made, in which the author examined some aspects of the method of legal regulation of civil procedure law, which at that time was innovative research direction. M.M. Vasilchenko’s research on the problem of the right to judicial protection as applied in terms of realization of the right to judicial protection by the defendant in a civil process is highlighted. Attention is drawn to the problem of theory of judicial decisions as judicial acts on implementation of the functions of justice in civil cases, particularly to T.N. Gubar’s dissertation research on this issue and to some other research works of the scientist. Yu. M. Chuikov’s position on the legal nature of a separate ruling are analyzed, which were highlighted in a monographic work of a scientist "Separate ruling in civil proceedings". In his further research, the scientist through the institute of separate ruling moves to more generalized research subject - preventive and educational activities of the court as a whole. Part of the work describes the research activities and scientific interests of A.M. Smetska, namely research on general issues on enforcement proceedings. The article also gives a brief description of the further research of the department and educational-methodical literature of the

Re-thinking civil disobedience

Directory of Open Access Journals (Sweden)

Theresa Züger

2013-11-01

Full Text Available This article points out a struggle of today’s societies with the traditional concepts of civil disobedience and stresses the need for reevaluation of the concept of civil disobedience for policy making and public discourse. Starting with a minimal definition of civil disobedience, the article introduces Hannah Arendt’s approach for a legitimisation of civil disobedience and discusses her ideas for digital actions, which are increasingly framed as digital forms of civil disobedience. Addressing WikiLeaks as an example of digital civil disobedience, the author problematises the internal secrecy of WikiLeaks and the focus on Julian Assange as a single decision-maker. Both aspects challenge Arendt’s understanding of legitimate civil disobedience. Even though traditional criteria of civil disobedience need to be revisited in the digital age, organisations or disobedience actors might themselves in their actions be well-advised to comply with the principles they fight for.

As the Child Reads: The Treatment of Minorities in Textbooks and Other Teaching Materials. Conference Report, National NEA-PR&R Conference on Civil and Human Rights in Education (Washington, D. C., February 8-10, 1967).

Science.gov (United States)

Hart, Elinor, Ed.

The conference on "The Treatment of Minorities in Textbooks and Other Teaching Materials" was held on February 8-10, 1967 in Washington, D.C. It was sponsored by the National Education Association and the Committee on Civil and Human Rights of Educators of the Commission on Professional Rights and Responsibilities. Attending the conference were…

Reproductive rights violations reported by Mexican women with HIV.

Science.gov (United States)

Kendall, Tamil

2009-01-01

Demand for reproductive health services by people with HIV is increasing, as is the urgency of protecting and promoting their reproductive rights. The reproductive rights of Mexicans with HIV are formally protected by the constitution and by health and anti-discrimination legislation, as well as by international conventions. However, the reproductive rights of women with HIV continue to be violated in public clinics and hospitals. This paper discusses three violations identified as priority problems by Mexican women with HIV, illustrating these problems with cases identified during a participatory skills building workshop. The violations cover the following rights: the right to non-discrimination, the right to adequate information and informed consent to medical procedures, and the right to choose the number and spacing of children. Physicians can either violate or promote reproductive rights. Unfortunately, in many instances Mexican physicians continue to perpetrate reproductive rights abuses against women with HIV. Collaborations between women with HIV, civil society, government, and international organizations are needed to educate and sanction health care providers and to support women with HIV in their pursuit of reproductive rights. Demanding accountability from health care practitioners and the State to guarantee reproductive rights in countries where these rights are formally protected will improve the quality of life of people with HIV and can demonstrate that rights-based approaches are compatible with and indeed, crucial for public health.

Examining Civil Servants' Decisions to Use Web 2.0 Tools for Learning, Based on the Decomposed Theory of Planned Behavior

Science.gov (United States)

Lai, Horng-Ji

2017-01-01

The purpose of this study was to investigate the decisions of civil servants to use Web 2.0 applications while engaging in online learning. The participants were 439 civil servants enrolled in asynchronous online learning programs, using an e-learning portal provided by Taiwan's Regional Civil Service Development Institute. The participants…

Health and Human Rights: New challenges for social responsiveness

Directory of Open Access Journals (Sweden)

Leslie London

2009-11-01

Full Text Available South Africa’s struggle against apartheid discrimination, including struggles in the health sector, laid the basis for a vibrant engagement of staff and students in human rights research, teaching and outreach in the Health Sciences Faculty at the University of Cape Town (UCT. This article provides a brief overview of this background context, then shows how this engagement has continued with new challenges emerging in the post-apartheid democratic period. Teaching at undergraduate and postgraduate levels has been complemented by a programme of ‘Training the Trainers’ in health and human rights. The programme targets teachers of health professionals at institutions in South and Southern Africa, resulting in national adoption of human rights competencies as an essential component of health professionals’ skills base. Research has also extended lessons learnt from the apartheid period into work with vulnerable groups, such as rural farm workers and the deaf, and seeks to build the capacity of marginal populations to change the conditions of their vulnerability in order to realize their rights. Partnerships with civil society organisations have been a strong thread, creating new knowledge and new ways of joint work towards realizing the right to health, including advocacy engagement in civil society movements and regional networks. Further, a focus on health professionals’ practice, in terms of dealing with potential dual loyalty conflicts and their role as gatekeepers in the health services on matters of patients’ rights, has shaped the research agenda. This article illustrates how knowledge production for the public good extends beyond notions of enhancing economic productivity for national development and provides a base for transdisciplinary and transinstitutional engagement. Additionally, non-traditional forms of knowledge networking and transfer have also been explored, including engagement with policy-makers and health managers

Human Rights in Sino-American Relations

National Research Council Canada - National Science Library

Day, Jana

2002-01-01

.... Key among these has been human rights, which both countries view differently. Whereas the United States emphasizes individual civil and political liberties, the People's Republic of China (PRC...

Civil Identity

DEFF Research Database (Denmark)

Petersen, Lars Axel

In this paper I will go through a catalogue of examples of contexts in which the term civil identity is currently used, ranging from the formal and technical process of linking a set of administrative and other events to an individual biological person by means of identity cards, fingerprints, iris...... of Israel to Luce Irigaray's Feminist agenda of elaborating gender specific civil identities. My intention is to investigate whether these different employments of 'civil identity' point towards a common, and fairly well defined object field asking questions of contemporary relevance to the philosophy...

7 CFR 3.91 - Adjusted civil monetary penalties.

Science.gov (United States)

2010-01-01

... articles not for monetary gain), $275,000 in the case of any other person for each violation, and $550,000... violation of the AHPA by an individual moving regulated articles not for monetary gain, $275,000 in the case... and a maximum of $550. (3) Food and Nutrition Service. (i) Civil penalty for hardship fine in lieu of...

Liability according to civil law regarding border-crossing nuclear damage

International Nuclear Information System (INIS)

Baer, Caroline

1987-12-01

The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

Decision of the court as a result of the occurence, change, termination and adjustment of subjective civil liability (theoretical and practical aspects

Directory of Open Access Journals (Sweden)

В. В. Надьон

2017-12-01

Full Text Available One of the main reasons for the occurence, change, termination and adjustment of subjective civil responsibility is a legal fact. Under the legal fact in theory, the specific circumstances envisaged by the rules of law are understood, with the occurrence, change and termination of legal relations. Often, subjective civil rights and responsibilities arise from obligations (contractual, non-contractual, as well as from a unilateral transaction. However, the Civil Code of Ukraine (hereinafter the Civil Code of Ukraine provided for the possibility of civil rights and responsibilities arising from acts of civil law (Part 3 of Article 11 of the Civil Code of Ukraine, as well as in cases established by acts of civil law, civil rights and responsibilities may arise from a court decision (Part 5 of Article 11 of the Civil Code of Ukraine. Concerning this provision in practical activity there are problematic issues, namely the possibility of generating court decisions of obligations Thus, the purpose of the article is to analyze the occurance, change, termination and adjustment of subjective responsibility by a court decision. Subjective responsibility  arises in a commitment (contractual or non-contractual. In case of non-fulfillment or improper performance of a subjective responsibility by the debtor, the creditor has the right to apply to the court for the protection of his violated right. In this case, the subjective responsibility that arose in a contractual obligation turns into civil liability, and with the decision of the court a new category of subjective responsibility arises, ie the category of responsibility is combined with the category of civil- legal liability. Consequently, a court decision gives rise to a new subjective responsibility, which must be performed voluntarily or by force. Consequently, in the cases of voluntary fulfillment by the obligated person of the main and additional responsibility, the category of responsibility is

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

OpenAIRE

Janku Martin

2015-01-01

In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the le...

Human Rights-Based Approaches to Mental Health: A Review of Programs.

Science.gov (United States)

Porsdam Mann, Sebastian; Bradley, Valerie J; Sahakian, Barbara J

2016-06-01

The incidence of human rights violations in mental health care across nations has been described as a "global emergency" and an "unresolved global crisis." The relationship between mental health and human rights is complex and bidirectional. Human rights violations can negatively impact mental health. Conversely, respecting human rights can improve mental health. This article reviews cases where an explicitly human rights-based approach was used in mental health care settings. Although the included studies did not exhibit a high level of methodological rigor, the qualitative information obtained was considered useful and informative for future studies. All studies reviewed suggest that human-rights based approaches can lead to clinical improvements at relatively low costs. Human rights-based approaches should be utilized for legal and moral reasons, since human rights are fundamental pillars of justice and civilization. The fact that such approaches can contribute to positive therapeutic outcomes and, potentially, cost savings, is additional reason for their implementation. However, the small sample size and lack of controlled, quantitative measures limit the strength of conclusions drawn from included studies. More objective, high quality research is needed to ascertain the true extent of benefits to service users and providers.

Groups Rights Struggles Are Mutually Beneficial

Science.gov (United States)

Buggs, John A.

1975-01-01

A report on the extent and impact of sex discrimination in America which argues that there is as much legitimacy in the fight for equal rights for women as there is for minorities and that the needs of minorities and women in the field of civil rights are complementary rather than conflicting. (EH)

“IS THE LABOUR RELATION OF THE CIVIL SERVANT AN ADMINISTRATIVE CONTRACT?”

Directory of Open Access Journals (Sweden)

LIANA-TEODORA PASCARIU

2011-04-01

Full Text Available Nowadays, public institutions have contractual employees, hired on the basis of the Labour Code, and public servants, appointed on the basis of the Civil Service Statute. If the labour relation of the public servant is not qualified as a labour contract, what is its juridical character? This paper tries to demonstrate that the civil servant develops labour relations under different circumstances, i.e. on the basis of an administrative contract.

Electronic communication in civil litigation

Directory of Open Access Journals (Sweden)

Salma Marija

2014-01-01

Full Text Available This paper looks into common European and national rules regulating electronic communication in legal matters. Such form of communication in legal matters expedites the procedure. It is also pointed out that electronic communication between the court and the parties to the proceedings, as well as third parties, is conducted through registries, regulated by special regulations, for filing written submissions of the parties and decisions of the court. Legislation regulating electronic communication is intended for litigation in commercial matters. European and national rules do not exclude the possibility of electronic communication in non-commercial litigation provided there is an express consent of the parties to such communication. Although steps towards digitalization have been taken in the Republic of Serbia, legislation regulating electronic service of documents, communication in civil litigation, is still missing. The Civil Procedure Law does not have a separate section regulating the electronic communication in legal matters. However, it cannot be said that the CPC does not set basic principles regulating this form of communication in legal matters.

Globalization, human rights, and the social determinants of health.

Science.gov (United States)

Chapman, Audrey R

2009-02-01

Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest attainable level of physical and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health.

Political Experiences and Social Imagery Regarding Reelection in Mexico, 1928-1964. The Transformation of a Civil Right into a Political Principle and Social Taboo

Directory of Open Access Journals (Sweden)

Luis Anaya Merchant

2004-10-01

Full Text Available This article reviews both the political circumstances that guided constitutional  reforms regarding  the  reelection of legislators (1933 and the  ones  that  led to the  couter-refórm (1964 but were, however, lost in historical oblivion. It is very interesting to observe the process through which a civil right (reelection transforms into a political. principle (nonreelection and then into a taboo that impregnated  social imagery well into the twentieth century.  Although restablishing  the right to reelection in itself contributes only  fragmentarily to a better functioning of legislative power, it implies the possible emergence of both old and new institutional risks and costs, so in Mexico —during the twentieth century- this issue could not be discussed soberly and responsibly in all its complexities.

76 FR 15105 - Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes

Science.gov (United States)

2011-03-18

... Services 42 CFR Part 488 [CMS-2435-F] Medicare and Medicaid Programs; Civil Money Penalties for Nursing... incentives for quality improvement, and to remove uncertainty for nursing homes, we proposed to set the... Vol. 76 Friday, No. 53 March 18, 2011 Part III Department of Health and Human Services Centers for...

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.

Civil law

NARCIS (Netherlands)

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

2014-01-01

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

Policing plutonium: the civil liberties fallout

International Nuclear Information System (INIS)

Ayres, R.W.

1975-01-01

The most significant social cost of plutonium may be the legal problem of adjusting public safety with individual civil liberties. Safeguards to keep plutonium from criminals and terrorists will require a sacrifice of personal liberties and basic changes in the legal framework. Individuals will be denied many of the rights of privacy, expression, and association they have taken for granted. There will be a division between people associated with the nuclear industry and those outside it. Protective measures could result in a general feeling of suspicion, persecution, and distrust. If an incident should occur, the public would be caught between the perpetrators and the government, with search and seizure conditions similar to a civil war. Significant reduction of energy consumption should be imposed and all other sources of energy fully exploited or proven unworkable before undertaking a program with such consequences

Registration of civil status: formal link between family and succession intestate

Directory of Open Access Journals (Sweden)

Malena Proenza-Reyes

2017-01-01

Full Text Available The work presented to assess the main issues of the registration procedure in the field of civil status to inheritance effects, regard certificates issued by the Civil Registry official proof of family status as the main requirement to have place intestate succession; advertising of the facts and acts which constitute the formal link between this family and inheritance law on registration insufficient treatment, generates the violation of subjective rights that can be a starter. Supported the present methods of social research and analysis-synthesis and analysis of content, make important results in the national context from the characteristics presented Cuban society today and especially the Registers of Civil Status in the country.

Segregation, civil rights, and health disparities: the legacy of African American physicians and organized medicine, 1910-1968.

Science.gov (United States)

Washington, Harriet A; Baker, Robert B; Olakanmi, Ololade; Savitt, Todd L; Jacobs, Elizabeth A; Hoover, Eddie; Wynia, Matthew K; Blanchard, Janice; Boulware, L Ebony; Braddock, Clarence; Corbie-Smith, Giselle; Crawley, LaVera; LaVeist, Thomas A; Maxey, Randall; Mills, Charles; Moseley, Kathryn L; Williams, David R

2009-06-01

Between 1910 and 1968, the National Medical Association (NMA) repeatedly clashed with the American Medical Association (AMA) over the latter organization's racial bars to membership and other health policy issues. The NMA, founded in 1895 as a nonexclusionary medical society to provide a voice for disenfranchised black physicians and patients, struggled in its early years, during which AMA leadership took scant notice of it. But skirmishes ensued over such actions as stigmatizing racial labels in the AMA's American Medical Directory, which, beginning in 1906, listed all U.S. physicians but designated African Americans with the notation col. The NMA also repeatedly asked the AMA to take action against overt racial bars on blacks' membership in its constituent state and county societies. During the civil rights era, African American physicians received no AMA support in seeking legal remedies to hospital segregation. And the NMA and AMA found themselves opposed on other policy issues, including Medicaid and Medicare. These differences eventually catalyzed a series of direct confrontations. The 1965 AMA meeting in New York City, for example, was protested by about 200 NMA-led picketers. The NMA's quest for racial equality in medicine was supported by some other medical organizations, such as the Medical Committee for Human Rights. In 1966, the AMA House voted to amend the AMA Constitution and Bylaws, giving its Judicial Council (now the Council on Ethical and Judicial Affairs) the authority to investigate allegations of discrimination. This paved the way for a subsequent era of increasing cooperation and understanding.

Reconceptualizing Civil Regulation

DEFF Research Database (Denmark)

Galang, Roberto Martin; Castello, Itziar

2011-01-01

This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility litera....... Finally, we argue that, in Asia, governments act as a structuration mechanism which challenges the current understanding of CSR.......This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility...... and environmental standards; but also that local, small and medium companies play a key role in the development of Asian civil regulation. We call this second finding the “CSR importation trap”. Our findings are supported by evidence on the limitations in the interchangeable properties of business and governments...

European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems- a comparative review from a human and civil rights perspective.

Science.gov (United States)

Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

2015-08-28

Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights. Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted. There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems. The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems

The Impact of Creating Civil Unions for Same-Sex Couples on Delaware’s Budget

OpenAIRE

Herman, Jody L.; Konnoth, Craig J.; Badgett, M.V. Lee

2011-01-01

This report analyzes the impact on Delaware’s state budget of introducing civil union rights for same-sex couples. It estimates that a law recognizing civil unions between same-sex partners will cost the State $1.18 million over the three years following the measure, or only $390,000 per year. The costs and benefits accrued will change every year, as the number of same-sex couples entering civil unions each year will change. The State will see savings in expenditures on state means-tested pub...

Appropriate levels of service

CSIR Research Space (South Africa)

Wall, K

2010-02-01

Full Text Available The term "services", as used in this article, broadly refers to infrastructure (in particular, civil and electrical engineering infrastructure), and also the infrastructure elements such as schools, clinics and halls. The term "basic services...

The Civil Liability of Accountants: a study focusing the new Brazilian civil code of 2002 from the perspective of professional ethics

Directory of Open Access Journals (Sweden)

Ketlyn da Silva Pasquali

2016-09-01

Full Text Available One of the trends in the development of accountancy is the alignment of accounting principles, ethics and civil liability. In this context, this study analyzes the perception of accountants with respect to professional ethics and liability in view of the new Brazilian civil code adopted in 2002. To examine professional ethics, we investigated the perception of accountants as to civil liability, the hypotheses of incidence, and preventive measures for protecting rights and interests in light of the new civil code, using a descriptive and quantitative approach.  Data was collected by means of a questionnaire applied to a sample of 52 accountants belonging to the Accountants Union of Cascavel and Region.  Comparisons were made of the responses using graphical analysis and consensus analysis.  On the basis of the results obtained, we can conclude that the accountants  attribute importance to the use of ethics in their professional practice and that there is very strong consensus on the obligation to carry out the accounting profession zealously and with technical expertise. With regard to the degree of knowledge concerning civil responsibility and liability in the execution of their activities, we observed that these professionals know the penalties for malicious and intentional unethical acts in the exercise of the profession. Future research could explore self-assessment for further investigation with the purpose of developing a sense of individual responsibility and critical spirit.

Civil partnerships five years on.

Science.gov (United States)

Ross, Helen; Gask, Karen; Berrington, Ann

2011-01-01

The Civil Partnership Act 2004, which came into force in December 2005 allowing same-sex couples in the UK to register their relationship for the first time, celebrated its fifth anniversary in December 2010. This article examines civil partnership in England and Wales, five years on from its introduction. The characteristics of those forming civil partnerships between 2005 and 2010 including age, sex and previous marital/civil partnership status are examined. These are then compared with the characteristics of those marrying over the same period. Further comparisons are also made between civil partnership dissolutions and divorce. The article presents estimates of the number of people currently in civil partnerships and children of civil partners. Finally the article examines attitudes towards same-sex and civil partner couples both in the UK and in other countries across Europe.

Sociedad civil y educación de la conciencia moral

Directory of Open Access Journals (Sweden)

José Manuel TOURIÑÁN LÓPEZ

2009-11-01

Full Text Available RESUMEN: El sentido de lo social se ha enriquecido en nuestros días debido al carácter transnacional de las acciones globales. Ya no hablamos simplemente de derechos sociales que requieren la subsidiación del Estado con unos medios que no pertenecen a ningún individuo en particular; hablamos de derechos que reclaman la cooperación positiva de los Estados y la sociedad civil, más allá de las fronteras territoriales. Esto modifica el carácter de territorialidad del Estado y el sentido del compromiso de la sociedad civil.Este nuevo desafío tiene que asumir las consecuencias de entender la transnacionalidad y la glocalización como condiciones inherentes de los derechos de tercera generación y esto exige replantear los problemas en la sociedad civil desde una ética que asume la realidad del otro y está elaborada a partir de la singularidad de las situaciones y la universalidad de los valores.ABSTRACT: The meaning of «social» has been enriched nowadays due to the cross-cultural nature of global actions. We do not now simply refer to social rights under the State supervision with means that do not belong to any concrete individual. We talk about rights that require the positive co-operation of States and civil society, co-operation which surpass countries' boundaries. Indeed, this modifies the state belonging sense and the civil society's commitments.This new challenge has to be able to manage the consequences of seeing both cross-culturalism and glocalism as inherent conditions of the third generation rights, and all of that requires rethinking the problems within civil society from an ethic scheme that understands «the other» and that is also based on the singularity of each situation and the universalisation of (human values.SOMMAIRE: Le sens de ce qui est social c'est enrichi dans nos jours, étant donné le caractère transnational des actions globales. Nous ne parlons pas simplement de droits sociaux qui requièrent l

Three Tier-Level Architecture Data Warehouse Design of Civil Servant Data in Minahasa Regency

Science.gov (United States)

Tangkawarow, I. R. H. T.; Runtuwene, J. P. A.; Sangkop, F. I.; Ngantung, L. V. F.

2018-02-01

Minahasa Regency is one of the regencies in North Sulawesi Province. In running the government in Minahasa Regency, a Regent is assisted by more than 6000 people Civil Servants (PNS) scattered in 60 SKPD. Badan Kepegawaian Diklat Daerah (BKDD) of Minahasa Regency is SKPD that performs data processing of all civil servants and is responsible for arranging and formatting civil servants. In the process of arranging and determining the formation of civil servants, many obstacles faced by BKDD. One of the obstacles is the unavailability of accurate data about the amount of educational background of civil servants based on rank/class, age, length of service, department, and so forth. The way to overcome the availability of data quickly and accurately is to do Business analytical. This process can be done by designing the data warehouse first. The design of data warehouse will be done by dividing it into three tiers of level.

Identifying structural barriers to an effective HIV response: using the National Composite Policy Index data to evaluate the human rights, legal and policy environment

Science.gov (United States)

Gruskin, Sofia; Ferguson, Laura; Alfven, Tobias; Rugg, Deborah; Peersman, Greet

2013-01-01

Introduction Attention to the negative effects of structural barriers on HIV efforts is increasing. Reviewing national legal and policy environments with attention to the international human rights commitments of states is a means of assessing and providing focus for addressing these barriers to effective HIV responses. Methods Law and policy data from the 171 countries reporting under the Declaration of Commitment from the 2001 United Nations General Assembly Special Session on HIV/AIDS were analyzed to assess attention to human rights in national legal and policy environments as relevant to the health and rights of key populations such as people who inject drugs, men who have sex with men and sex workers. Results Seventy-eight governments and civil society in 106 countries report the existence of laws and policies which present obstacles to accessing HIV services for key populations. Laws and policies which positively affect access to HIV-related services, in and of themselves constituting structural interventions, were also reported. The dissonance between laws and how this impacts the availability and use of HIV-related services deserve greater attention. Conclusions Recognition of the harms inherent in laws that constitute structural barriers to effective HIV responses and the potential positive role that a supportive legal environment can play suggests the need for legal reform to ensure an enabling regulatory framework within which HIV services can be effectively delivered and used by the populations who need them. Moving beyond laws and policies, further efforts are required to determine how to capture information on the range of structural barriers. Teasing apart the impact of different barriers, as well as the structural interventions put in place to address them, remains complicated. Capturing the impact of policy and legal interventions can ultimately support governments and civil society to ensure the human rights of key populations are protected in

Civility and Academic Freedom: Who Defines the Former (and How) May Imperil Rights to the Latter

Science.gov (United States)

McDonald, Theodore W.; Stockton, James D.; Landrum, R. Eric

2018-01-01

An alarming occurrence in academia involves the discipline of faculty, under the guise of violating civility or collegiality codes, for engaging in what should be protected academic free speech. This often occurs when unprincipled and/or corporate-minded administrators seek to punish or dissuade faculty from challenging or questioning their…

39 CFR 230.13 - Why are restrictions on Office of Inspector General employees in civil proceedings necessary?

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Why are restrictions on Office of Inspector General employees in civil proceedings necessary? 230.13 Section 230.13 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION OFFICE OF INSPECTOR GENERAL Rules Governing Compliance...

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

Directory of Open Access Journals (Sweden)

Kati Nieminen

2015-12-01

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

'It's Made a Huge Difference': Recognition, Rights and the Personal Significance of Civil Partnership

OpenAIRE

Beccy Shipman; Carol Smart

2007-01-01

In this paper we map briefly some of the arguments around the meaning and significance of the introduction of Civil Partnership in England and Wales, and in this way show how contested these meanings are with some groups profoundly against this legal reform and others supporting it, but for a mixture of reasons. We then turn to our empirical data based on interviews with same-sex couples to explore the extent to which these arguments and issues are part of the everyday decision making process...

Senior Officer Course Manual. Military Justice and Civil Law

Science.gov (United States)

1996-12-01

that a LT in the Operations Department has been selling AMWAY products to military and civil service personnel as well as actively recruiting others...effects of sexual harassment on productivity and readiness, including increased absenteeism, greater personnel turnover, lower morale, decreased... productivity and readiness. These include costs associated with increased Enclosure (3) absenteeism, greater personnel turnover, lower morale

Constitutional foundations of the property rights of citizens and organizations for real estate

Directory of Open Access Journals (Sweden)

Zarina Kamilevna Kondratenko

2015-09-01

Full Text Available Objective to develop a comprehensive scientific conception of the constitutional foundations of the property rights of citizens and organizations for real estate. Methods general and specific scientific methods including formal logical methods hypothesis analysis synthesis deduction induction. The special methods included historical legaltechnical interdisciplinary comparativelegal systemic and other methods of scientific cognition. Results first the Constitution of the Russian Federation does not contain detailed regulation of property relations as they are regulated by the branches of Civil law. Therefore as certain property disputes affect substantial property interests of physical and juridical persons which are not under the protection of property rights in the traditional sense there is a need for a broad interpretation of the relevant provisions of the Russian Constitution. However the mixing of proprietary and contractual rights in this case does not occur. Second the Russian Civil Code reproducing and specifying the constitutional provisions as principles of private law form a direct normative basis of the whole civil law. However the constitutional law attributes a broader meaning to the notions of property and property right than the traditional civil law. Third the possible limitations of the Federal law of the rights of ownership use and disposition of property as well as freedom of entrepreneurship and freedom of contract must meet the requirements of justice to be adequate proportionate be of general and abstract character be not retroactive and not affect the essence of constitutional rights i.e. not limit the scope and application of the substantive content of the relevant constitutional norms.The possibility of such limitations and their nature must be determinedby the need to protect the significant values ndash the foundations of the constitutional system morality health rights and lawful interests of other persons provision

Communication Capacity Research in the Majority World: Supporting the human right to communication specialist services.

Science.gov (United States)

Hopf, Suzanne C

2018-02-01

Receipt of accessible and appropriate specialist services and resources by all people with communication and/or swallowing disability is a human right; however, it is a right rarely achieved in either Minority or Majority World contexts. This paper considers communication specialists' efforts to provide sustainable services for people with communication difficulties living in Majority World countries. The commentary draws on human rights literature, particularly Article 19 of the Universal Declaration of Human Rights and the Communication Capacity Research program that includes: (1) gathering knowledge from policy and literature; (2) gathering knowledge from the community; (3) understanding speech, language and literacy use and proficiency; and (4) developing culturally and linguistically appropriate resources and assessments. To inform the development of resources and assessments that could be used by speech-language pathologists as well as other communication specialists in Fiji, the Communication Capacity Research program involved collection and analysis of data from multiple sources including 144 community members, 75 school students and their families, and 25 teachers. The Communication Capacity Research program may be applicable for achieving the development of evidence-based, culturally and linguistically sustainable SLP services in similar contexts.

Citizenship in civil society?

NARCIS (Netherlands)

Ossewaarde, Marinus R.R.

2007-01-01

This article seeks to provide a conceptual framework to complement and guide the empirical analysis of civil society. The core argument is that civil society must be understood, not as a category of (post)industrialized society, but as one of individualized society. Civil society is characterized by

Canadian Civil Justice: Relief in Small and Simple Matters in an Age of Efficiency

NARCIS (Netherlands)

J. Silver (Jonathan); T.C.W. Farrow (Trevor)

2015-01-01

textabstractCanada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in

Reality Checks: The state of civil society organizations in Ethiopia ...

African Journals Online (AJOL)

Reality Checks: The state of civil society organizations in Ethiopia. ... limit the space for CSOs working on human rights and governance and it is legitimate and ... This paper contains contextualized arguments based on empirical data as reality ...

Civil engineering support for the traffic monitoring program : final report, January 2010.

Science.gov (United States)

2010-01-01

This project was aimed at providing various civil engineering support services for the telemetered traffic monitoring sites operated by the Statistics Office of the Florida Department of Transportation. This was a companion project to the one that pr...

Rethinking Some Cultural Practices that Affect the Rights of Women ...

African Journals Online (AJOL)

Human Rights have been identified as encompassing and embracing the rights of all humans which are entitled to. These rights, amongst others, include civil and political rights such as the right to life and liberty, dignity, equality before the law and freedom of expression. Others are those of the right to work, the right to ...

The Legal Rights of Pregnant Students and Pregnant Employees.

Science.gov (United States)

Evers, Irving C.

This speech presents an analysis of court cases dealing with the rights of pregnant students and pregnant employees. The discussion of these rights, such as the right to maternity leave, focuses around the Civil Rights Act of 1964 and its implications for equal employment opportunity. The court cases discussed consider the application of the equal…

6 CFR 13.17 - Rights of parties.

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Rights of parties. 13.17 Section 13.17 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.17 Rights of parties. Except as otherwise limited by this part, all parties may: (a) Be accompanied...

Understanding the Limitations to the Right to Strike in Essential and Public Services in the SADC Region

Directory of Open Access Journals (Sweden)

Rochelle le Roux

2016-05-01

Full Text Available The nature of the limitations to the right to strike in essential and public services in the nine sub-regional countries of Southern Africa – South Africa, Botswana, Lesotho, Namibia, Swaziland, Malawi, Mozambique, Zambia and Zimbabwe – is examined in this contribution. While all of these countries share common influences and face common challenges, there appears to be a vast disparity in the approaches taken to the right to strike in public and essential services in the region. A brief overview of the demographics and labour markets in the countries under discussion is sketched, the salient features of the ILO's approach to strike in essential and public services is highlighted, and a broad overview of the contrasting and disparate approaches to essential and public services in the region is provided. The focus is, however, on the legislative approach taken to essential service employees in South Africa. It is concluded that – with the exception of South Africa and Namibia – the limitations to the right to strike of public sector employees exceed those endorsed by international conventions, and the broad definition of essential services generally relied upon effectively

Civil Law Glossary.

Science.gov (United States)

Update on Law-Related Education, 1997

1997-01-01

Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

World tendences of civil aviation development and the enlargement of the Lithuanian civil aviation

Directory of Open Access Journals (Sweden)

J. Butkevičius

2006-06-01

Full Text Available The article deals with global trends in civil aviation, such as: liberalisation of aviation market, globalisation of airlines, privatisation of airlines and invasion of low cost airlines into the market. Also the influence of these trends on the Lithuanian civil aviation activities has been defined. The Lithuanian civil aviation activities have been analysed: activities of international airports, passenger and cargo carriers, passenger routes and passenger flows, transportation market and airplane fleet. The problems of the Lithuanian civil aviation activities have been identified and suggestions for the development of the Lithuanian civil aviation activities have been proposed.

28 CFR 2.10 - Date service of sentence commences.

Science.gov (United States)

2010-07-01

... imposed. (b) The imposition of a sentence of imprisonment for civil contempt shall interrupt the running of any sentence of imprisonment being served at the time the sentence of civil contempt is imposed... civil contempt is lifted. (c) Service of the sentence of a committed youth offender or person committed...

Civil Society Advocacy for Construction of Education Legislation in Brazil: Education Diplomacy in a National Network

Science.gov (United States)

Cara, Daniel; Pellanda, Andressa

2018-01-01

Advocacy efforts often contribute to broader Education Diplomacy goals. The Brazilian Campaign for the Right to Education coordinated an effort among diverse civil society stakeholders to ensure their voice was included in developing Brazil's National Education Plan (NEP). As a result of their advocacy strategy, civil society participated in…

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

Directory of Open Access Journals (Sweden)

Howard Chitimira

2016-12-01

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

Human rights "naming & shaming" and civil war violence

NARCIS (Netherlands)

Ruggeri, A.; Burgoon, B.

2012-01-01

The aim of this PEPS Letter is to clarify the effects of human rights "Naming and Shaming" by international actors, such as IOs, NGOs and the international media, on the intensity of violence in domestic conflict. The note carries out, evaluates and proposes empirical strategies to study such

Creating a cultural analysis tool for the implementation of Ontario's civil mental health laws.

Science.gov (United States)

Dhand, Ruby

2016-01-01

Ethno-racial people with mental health disabilities experience multiple inequities and differential outcomes when interacting with Ontario's civil mental health laws. Given the increasing multi-racial population in Ontario, there is a need to develop mechanisms to address these intersecting issues. Other countries that have created evaluative tools for mental health legislation include the United Kingdom and Australia. Australia's Rights Analysis Tool, the United Kingdom's Race Equality Impact Assessment, the Scottish Recovery Tool, and the World Health Organization's Mental Health and Human Rights checklist are examples of evaluative tools developed for mental health legislation. Such a tool does not exist in Canada, let alone in Ontario specifically. Thus, this study developed a Cultural Analysis Tool (CAT) consisting of specific and meaningful thematic questions that can be used by practitioners when addressing issues of culture and equity for ethno-racial people with mental health disabilities interacting with Ontario's civil mental health laws. It is hoped that the CAT, and the research underlying its development, will enable practitioners to critically question whether cultural and intersecting concerns are being appropriately addressed within an ethno-racial client's case and, furthermore, how equitable outcomes can be achieved. This article describes and analyzes the methodology, research and qualitative data used to develop the CAT. It then presents and examines the CAT itself. The qualitative data was drawn from thirty-five semi-structured interviews with seven members of each of the following groups: (1) ethno-racial people with mental health disabilities including in-patients and ex-patients, (2) lawyers who practice in the area of mental health law, (3) health care professionals including psychiatrists, nurses and social workers, (4) service providers such as front-line case workers at mental health agencies and (5) adjudicators, government advisors

5 CFR 890.903 - Covered services.

Science.gov (United States)

2010-01-01

... Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM Limit on Inpatient Hospital Charges, Physician Charges, and FEHB Benefit... inpatient hospital services apply to inpatient hospital services which are: (1) Covered under both Medicare...

49 CFR Appendix B to Part 241 - Schedule of Civil Penalties 1

Science.gov (United States)

2010-10-01

... for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000... the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined designation cited in the civil penalty demand letter. [67 FR 75960, Dec. 10, 2002...

Why atomic energy affects Civil Law

International Nuclear Information System (INIS)

Knieper, R.

1980-01-01

Based on the decision of July 20, 1979 by the Amtsgericht Stuttgart, which dismissed the complaint filed by the Technische Werke der Stadt Stuttgart (public utility) against electricity boycotters as being unfounded for the time being, the author states that a political function is due to Civil Law. The concrete question is whether political considerations have surpassed the limits of laws and interpretations bound by the basic rights. The relationship between a customer depending on power supply and the supply monopolist exceeds contractual relationship by far since it is a social relationship: it is inescapably embraced by the customer's dependence on power supply and by the customer being subject to research work. Atomic energy is being introduced into law of contract by means of dogmatic crutches - breach of additional obligation under a contract. However, in Civil Law, there are a great number of such means enabling solutions to be corrected which seem to be inadequate. (HSCH) [de

Parental Authority in the Regulation of the Civil Code in Quebec

OpenAIRE

Gavrilescu, Alin-Gheorghe

2009-01-01

The article analysis the institution of the parental authority, as it is regulated by the stipulations of the Civil Code in Quebec. After a short introduction, there are presented the parental rights and obligations regarding the minor’s person, the way of exerting and accomplishing them, the parental rights and obligations regarding the minor’s goods, the way of exerting and accomplishing them, the decline from the parental rights, and also the parental rights and obligations in case of adop...

The role of civil society in health care reforms: an arena for hegemonic struggles.

Science.gov (United States)

Filc, Dani

2014-12-01

The present paper argues that current mainstream understandings of civil society as ontologically different from the state and essentially positive (either normative or functionally) are problematic in order to understand the development of health care reforms. The paper proposes to ground an explanation of the role of civil society in health care reforms in a Gramscian understanding of civil society as analytically different from the state, and as an arena for hegemonic struggles. The study of health care reform in Israel serves as a case study for this claim. Copyright © 2014 Elsevier Ltd. All rights reserved.

Civil War and Inoperativity

DEFF Research Database (Denmark)

Flohr, Mikkel

2017-01-01

This article analyses the penultimate publication in Giorgio Agambens Homo Sacer-series Stasis: Civil War as a Political Paradigm. It compares and contrasts the paradigm of civil war with the preceding paradigm of the exception, and identifies a significant displacement in the relationship between...... civil war and the sovereign state, in spite of Agamben’s insistence on their continuity. Agamben’s decoupling of civil war and the sovereign state facilitates novel political possibilities that unfortunately remain underdeveloped in the book. The article proceeds to develop Agamben’s brief intimations...... of inoperativity towards a concept of destituent power drawing on his other writings. It makes the argument for thinking civil war and inoperativity – stasis and stasis – together to derive a concept of destituent power as a form of revolution against the sovereign state, which does not constitute a new sovereign...

Significance of Operating Environment in Condition Monitoring of Large Civil Structures

Directory of Open Access Journals (Sweden)

Sreenivas Alampalli

1999-01-01

Full Text Available Success of remote long-term condition monitoring of large civil structures and developing calibrated analytical models for damage detection, depend significantly on establishing accurate baseline signatures and their sensitivity. Most studies reported in the literature concentrated on the effect of structural damage on modal parameters without emphasis on reliability of modal parameters. Thus, a field bridge structure was studied for the significance of operating conditions in relation to baseline signatures. Results indicate that in practice, civil structures should be monitored for at least one full cycle of in-service environmental changes before establishing baselines for condition monitoring or calibrating finite-element models. Boundary conditions deserve special attention.

Société civile et islamisme en Iraq et au Maroc | CRDI - Centre de ...

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

Par son dynamisme, la société civile du Maroc s'est approprié avec les années un rôle traditionnellement dévolu aux institutions de l'État, soit offrir des services sociaux dans les secteurs de la santé, de l'éducation et du logement. Particulièrement efficaces à ce chapitre, les organismes islamiques de la société civile ont su ...

22 CFR 208.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil judgment. 208.920 Section 208.920 Foreign...) Definitions § 208.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

34 CFR 85.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Civil judgment. 85.920 Section 85.920 Education Office...) Definitions § 85.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

2 CFR 180.915 - Civil judgment.

Science.gov (United States)

2010-01-01

... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Civil judgment. 180.915 Section 180.915... § 180.915 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

22 CFR 1006.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1006.920 Section 1006.920...) Definitions § 1006.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

22 CFR 1508.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1508.920 Section 1508.920...) Definitions § 1508.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

REVISION PERMISSIABILITY IN CIVIL PROCEDURE IN REPUBLIC OF MACEDONIA

Directory of Open Access Journals (Sweden)

Marina Gligorova

2015-04-01

Full Text Available The revision as an extraordinary legal remedy is one more legal instrument for litigant in the effort to achieve protection of the rights or to defend against ungrounded claims of the other party. Litigants may declare revision of the litigation process due to substantive violations of the provisions of Civil Procedure and incorrect application of substantive law. Declaring revision because of a substantive violation of the provisions of Civil Procedure is limited. The purpose of this research paper is to investigate the most common reasons for filing revision of the litigation process in the period from June 2011 to June in 2012. The research includes what kind of reasons are often repeated, and the volume, or the number of reviews submitted to the Supreme Court of the Republic of Macedonia. As general hypothesis is that most of the adopted revisions are due to substantial violations of the provisions of civil procedure. Two-thirds of the stated revisions in front of the Supreme Court of Republic of Macedonia were rejected as unfounded and only one third of the submitted revisions from June 2011 to June 2012 were grounded. Since accepted revisions 59% due to incorrect application of substantive law, and 41% due to substantial violations of the provisions of Civil Procedure.

21 CFR 1404.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Civil judgment. 1404.920 Section 1404.920 Food and...) Definitions § 1404.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

Revenue Sharing and its Impact on Civil Rights

Science.gov (United States)

McGraw, Marvin A.

1975-01-01

A discussion by the Assistant to the Director, Office of Revenue Sharing, U.S. Treasury Department, of the four part approach of that agency to extending the ability of the federal government to combat discrimination in the state and local sector; human rights workers should focus on the monetary and economic impact these funds have on the…

The supply chain of civil construction industries for support the nuclear power plant construction in Indonesia

International Nuclear Information System (INIS)

Dharu Dewi; Sriyana; Moch-Djoko Birmano; Sahala Lumbanraja; Nurlaila

2013-01-01

The use of domestic products for electricity infrastructure has been set out in the Ministerial Decree number: 54/M-IND/PER/3/2012, but the infrastructure of nuclear power plants (NPP) construction has not been included. Therefore, the potential of the local industries needs to be mapped it especially supply chain of civil construction industries to estimate the capability of the local component level (DCL) at the nuclear power plant project in Indonesia. NPP is a high-technology so that if NPP will be constructed, it is necessary to involve the national capability as media technology transfer, especially for EPC (Engineering, Procurement and Construction) services. Civil construction (civil part) play role is very large, about 21%. Therefore it is necessary in particular the role of the national civil construction industry to increase the capability of local content. Preparation of Civil construction infrastructure are depend on the supply chain of raw materials. The aim of the research was to map the supply chain of the civil construction industries. Methodology this study is a survey of national industries, literature review, and searching web site. The result study is a map of civil construction industries with raw material supply chain. (author)

Post Civil War African American History: Brief Periods of Triumph, and Then Despair.

Science.gov (United States)

Graff, Gilda

2016-01-01

During Reconstruction, which is often called the most progressive period in American history, African Americans made great strides. By 1868 African American men constituted a majority of registered voters in South Carolina and Mississippi, and by 1870 eighty-five percent of Mississippi's black jurors could read and write. However, Reconstruction was followed by approximately one hundred years of Jim Crow laws, lynching, disenfranchisement, sharecropping, unequal educational resources, terrorism, racial caricatures, and convict leasing. The Civil Rights Revolution finally ended that period of despair, but the era of mass incarceration can be understood as a reaction to the Civil Rights Movement. This article attempts to understand the persistence of racism in the United States from slavery's end until the present.

Extra-curricular methods for improving the quality of the staff training in the university of civil engineering (psychological content

Directory of Open Access Journals (Sweden)

Magera Tatiana

2017-01-01

Full Text Available High technologies in architecture and construction change the world around. Professional trainings for the creators of the artificial environment (engineers and architects have an effect on people’s life but practically they don’t take into account the human nature of the final user and his own psychological features. In this article there are presented the results of the psychological services in the University of civil engineering from 2006 to 2017 as extra-curricular methods for the general competences formation and development. There are also described the methods of works and their specifics, some difficulties and perspectives. There are explained the reasons for psychological service at the university of civil engineering. There are also taken into account the global risks and dangers affecting the study content of civil engineering.

Legalisation of Civil Wars

DEFF Research Database (Denmark)

Buhl, Kenneth Øhlenschlæger

2009-01-01

This article is concerned with the legal challenges of regulating civil wars in international humanitarian law. Civil war is not a term used in international law; it falls however, withing the context of the legal term 'armed conflicts not of an international character', although the shorter 'non......-international armed conflict' is used here. Civil wars are usually limited to the territory of a state. Considering that international law is generally concerned with the legal relations between states – being a legal system based on the system of states with states as its subjects – the main question is how civil...... wars as internal conflicts have become subject to international humanitarian law....

Tradición, modernidad y sociedad civil en la costa de Yucatán Tradición, modernidad y sociedad civil en la costa de Yucatán

Directory of Open Access Journals (Sweden)

Citlalli Cantú Gutiérrez

2012-02-01

Full Text Available It describes the organizational processes of civil society on the coast of Yucatan. His players built their associations, came into conflict and collapsed their organizational structures. Weanalyze the causes of the recent past and shaping processes of associative structures of civil society. In the cases presented showed that the erosion of the ancestral forms of organization and influence of the individual patterns represent endogenous and exogenous historical causes that increase the entropy of the organizational processes of local civil society. Wediscuss the peaceful non-profit and organizational behavior defined by law, act limiting the right of rebellion and restoring the power. Yes organized civil society bows to government funding processes, becomes bureaucratized and mimics mechanisms, corruption can occurprocesses that collapses.Se describen procesos de organización de la sociedad civil en la costa de Yucatán, donde sus actores construyeron asociaciones civiles, entraron en conflicto y colapsaron sus estructuras organizativas. Se analizan las causas últimas y recientes de los procesos de conformación de estructuras asociativas de la sociedad civil. En los casos presentados se observó que la erosión de las formas ancestrales de organización y la influencia de los patrones individualistas representan causas históricas endógenas y exógenas que incrementan la entropía de los procesos de organización de la sociedad civil local. Se discute el carácter no lucrativo y pacífico del comportamiento organizacional definido en la ley; acto que limita el derecho a la rebelión y la recuperación del poder. Sí la sociedad civil organizada se pliega a los procesos gubernamentales de financiamiento, se burocratiza e imita mecanismos, pueden presentarse procesos de corrupción que la colapsa.

6 CFR 13.44 - Right to administrative offset.

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Right to administrative offset. 13.44 Section 13.44 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.44 Right to administrative offset. The amount of any penalty or assessment that has become...

Surgical outcomes of a civil war in a neighbouring country.

Science.gov (United States)

Akkucuk, Seckin; Aydogan, A; Yetim, I; Ugur, M; Oruc, C; Kilic, E; Paltaci, I; Kaplan, A; Temiz, M

2016-08-01

The civil war in Syria began on 15 March 2011, and many of the injured were treated in the neighbouring country of Turkey. This study reports the surgical outcomes of this war, in a tertiary centre in Turkey. 159 patients with civilian war injuries in Syria who were admitted to the General Surgery Department in the Research and Training Hospital of the Medical School of Mustafa Kemal University, Hatay, Turkey, between 2011 and 2012 were analysed regarding the age, sex, injury type, history of previous surgery for the injury, types of abdominal injuries (solid or luminal organ), the status of isolated abdominal injuries or multiple injuries, mortality, length of hospital stay and injury severity scoring. The median age of the patients was 30.05 (18-66 years) years. Most of the injuries were gunshot wounds (99 of 116 patients, 85.3%). Primary and previously operated patients were transferred to our clinic in a median time of 6.28±4.44 h and 58.11±44.08 h, respectively. Most of the patients had intestinal injuries; although a limited number of patients with colorectal injuries were treated with primary repair, stoma was the major surgical option due to the gross peritoneal contamination secondary to prolonged transport time. Two women and 21 men died. The major cause of death was multiorgan failure secondary to sepsis (18 patients). In the case of civil war in the bordering countries, it is recommended that precautions are taken, such as transformation of nearby civilian hospitals into military ones and employment of experienced trauma surgeons in these hospitals to provide effective medical care. Damage control procedures can avoid fatalities especially before the lethal triad of physiological demise occurs. Rapid transport of the wounded to the nearest medical centre is the key point in countries neighbouring a civil war. 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/

INADMISSIBLE EVIDENCE IN CIVIL PROCEDURE

Directory of Open Access Journals (Sweden)

Mihajlo Dika

2016-01-01

Full Text Available This paper examines the exclusion of specific means of evidence as instruments for determining the object of evidence, as well as the taking of evidence in the framework of the Croatian civil procedure law. The introduction lays the grounds for classifying and qualifying exclusion of evidence (general, special; absolute, relative; removable, irremovable; direct, indirect, after which greater attention is paid to the so called absolute and relative type; exclusionary evidence of the direct relative type pertaining to the establishing of facts, and evidence dismissals. With regard to the indirect relative type, the paper examines exclusionary evidence concerning the object of evidence. The remainder of the paper focuses on illegally obtained evidence, while outlining the constitutional, statutory, judicature and doctrinaire premises of bearing for such evidence. Subsequently, the question of evidence obtained in violation of the Constitutional guarantee of respect and legal protection of private and family life, dignity, reputation and honour, as well as evidence obtained by breach of the Constitutional guarantee of freedom and secrecy of correspondence and all other forms of communication, and in violation of the right to safety and privacy of personal data, are discussed too. In addition, the paper analyses the institutions of preclusion of evidence and the so called informative evidence. Concluding, the author points to a lacking regulation of inadmissible evidence within the Croatian civil procedure law, underlining the need to determine de lege ferenda legal requirements with a view to operationalizing inadmissible evidence within the Croatian civil procedure law.

Space civil engineering - A new discipline

Science.gov (United States)

Sadeh, Willy Z.; Criswell, Marvin E.

1991-01-01

Space Civil Engineering is an emerging engineering discipline that focuses on extending and expanding the Civil Engineering know-how and practice to the development and maintenance of infrastructure on celestial bodies. Space Civil Engineering is presently being developed as a new discipline within the Department of Civil Engineering at Colorado State University under a recently established NASA Space Grant College Program. Academic programs geared toward creating Space Civil Engineering Options at both undergraduate and graduate levels are being formulated. Basic ideas and concepts of the curriculum in the Space Civil Engineering Option at both undergraduate and graduate levels are presented. The role of Space Civil Engineering in the Space Program is discussed.

NGO Management Case Study: Civitas Foundation for Civil Society

Directory of Open Access Journals (Sweden)

Ramona BERE

2000-06-01

Full Text Available As idealistic as it may sound, the truth is that NGOs act to make the world a better place. They often do that by taking action in areas where the government fails to succeed or does not do a very good job. In this context I would like to present a very special NGO: CIVITAS Foundation for Civil Society, evaluating its governance and services.

B 150 civil engineering futures

DEFF Research Database (Denmark)

Foreword B150 –Civil Engineering Futures consists of interviews made, articles written, and projects presented in connection with the 150th anniversary celebrations of the study of civil engineering in Denmark. Instead of a historical retrospect, it was decided to look into the future. What...... challenges will the next 150 years bring civil engineers? Researchers and lecturers at DTU’s Department of Civil Engineering (known as DTU Byg) suggested possible events, and we also consulted civil engineers and their business partners in the building industry. In this way, a programme was put together...... theme in twentieth century architecture. Together, civil engineer Peter Rice and architect Ian Ritchie created a paradigm shift with their revolutionary ideas for glass facades supported by cables. Glued and bolted constructions made entirely of glass are now a reality in small-scale projects, yet...

Shrinking the Civil-Military Divide: A Military Perspective

Science.gov (United States)

2015-04-13

behavior and rights, the values of the military are different and unique. Senior military officers highlight the importance of understanding the...Examples include on-base housing, shopping , schools, children’s sports leagues, and community and social events such as concerts, comedy shows, and movies... mall , a sporting event, or the movies provides a simple, 16 Skelton, “The Civil-Military Gap

Civil society and the Health and Social Care Act in England and Wales: theory and praxis for the twenty-first century.

Science.gov (United States)

Scambler, Graham; Scambler, Sasha; Speed, Ewen

2014-12-01

In this paper we revisit the notion of civil society in the light of recent attempts to privatize health care in England via the passing of the Health and Social Care Act of 2013. This legislation promises a re-commodification of the National Health Service (NHS) in England. The Bill was bitterly contested during its passage through parliament, most vigorously in 2011. Much of the opposition occurred at a time of widespread, global rebellion, most notably in the 'Arab uprisings' and through the 'occupy movement'. Despite a plethora of protests, we argue, a non-porous boundary between what we call the 'protest sector' of civil society and the wider public sphere of the lifeworld has become apparent in England. A good deal of collective action, whether campaign-focused (like opposition to the Health and Social Care Bill) or more generalized (like rejections of corporate greed), has so far proved ineffective, at least in the short-term; no crisis of legitimation is apparent. We highlight a new 'class/command dynamic', leading to oligarchic rule, in the present era of financial capitalism. We use this health care case-study to re-examine the notion of civil society and its changing properties in what Castells calls a 'networked society'. The contribution ends with a discussion of the role of the sociologist re-civil society and the advocacy of both 'action' and 'foresight sociologies'. Copyright © 2014 Elsevier Ltd. All rights reserved.

Property rights, institutional regime shifts and the provision of freshwater ecosystem services on the Pongola River floodplain, South Africa

Directory of Open Access Journals (Sweden)

Bimo Abraham Nkhata

2017-03-01

Full Text Available This paper proposes a property rights perspective to interpret institutional regime shifts in the provision of freshwater ecosystem services. Institutional regime shifts are conceived as persistent changes in the structure and function of a system. Property rights are viewed as an important component of institutional regimes. The paper draws on a case study of flow regulation on the Pongolo Floodplain in South Africa to illustrate the central role of property rights in mediating institutional regime shifts. The case study illustrates that there are many combinations of property rights that underpin institutional regime shifts in the provision of freshwater ecosystem services. It provides useful insights into the consequences of failing to recognize, establish and enforce bundles of rights. A major thrust of the case study is that the nature and context of property rights are important in determining the long-term provision of these services. By examining the configurations of property rights that have governed the Pongola River floodplain over the years, the paper demonstrates the importance of explicitly defining and categorizing the range of rights.

Kingdom, church and civil society: A theological paradigm for civil ...

African Journals Online (AJOL)

This article deals with the role that churches can and should play in civil society to develop societal morally. The central-theoretical argument is that the biblical notion of the kingdom of God can, when it is systematically and theologically developed, offer an acceptable foundation for the civil action of churches. In light of this ...

Stakeholder perspectives of wood-pasture ecosystem services

DEFF Research Database (Denmark)

Garrido, Pablo; Elbakidze, Marine; Angelstam, Per

2017-01-01

respondents showed more appreciation for regulating and supporting services, which included biodiversity conservation and climate regulation. Private and public sector respondents appreciated provisioning services more, whereas the civil sector mentioned supporting and regulating services more. For instance......, water regulation was only mentioned by civil and public sector respondents, while genetic resource preservation was only expressed by the private sector. All sectors noted cultural services as key ES. We discuss most mentioned ES by respondents, the co-production nature of ES in wood-pastures, as well...... to describe stakeholders' appreciation of ES from dehesa landscapes in northern Extremadura, Spain. A total of 45 ES were mentioned, and compared among different sectors and levels of governance. At the local level, people appreciated especially provisioning and cultural services. In contrast, regional level...

33 CFR 1.07-70 - Right to appeal.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Right to appeal. 1.07-70 Section 1.07-70 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY GENERAL GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-70 Right to appeal. (a) Any appeal from...

B 150 civil engineering futures

DEFF Research Database (Denmark)

specific climatic challenge or clean the air. With nanotechnology, the artificial and the natural move closer together; this is the perspective for civil engineer Chris McCarthy’s work all over the world. And what is new is not just the way the construction materials are put together; they also require......Foreword B150 –Civil Engineering Futures consists of interviews made, articles written, and projects presented in connection with the 150th anniversary celebrations of the study of civil engineering in Denmark. Instead of a historical retrospect, it was decided to look into the future. What...... challenges will the next 150 years bring civil engineers? Researchers and lecturers at DTU’s Department of Civil Engineering (known as DTU Byg) suggested possible events, and we also consulted civil engineers and their business partners in the building industry. In this way, a programme was put together...

Civil War

OpenAIRE

Christopher Blattman; Edward Miguel

2010-01-01

Most nations have experienced an internal armed conflict since 1960. The past decade has witnessed an explosion of research into the causes and consequences of civil wars, belatedly bringing the topic into the economics mainstream. This article critically reviews this interdisciplinary literature and charts productive paths forward. Formal theory has focused on a central puzzle: why do civil wars occur at all when, given the high costs of war, groups have every incentive to reach an agreement...

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...

Students: Preparing the Next Generation of Students for the Civil Society.

Science.gov (United States)

Rifkin, Jeremy

1996-01-01

Suggests that changes in employment brought on by the information age will force a reevaluation of the nature of education. Argues that the nonprofit civil sector, or the "Third Sector," will become crucial in providing employment. Proposes that community college service-learning programs will be crucial to future job-training efforts. (MAB)

Desobediencia civil: la autoridad de la reflexión vs la autoridad civil

Directory of Open Access Journals (Sweden)

Maria José Urteaga Rodríguez

2016-06-01

Full Text Available ¿Puede la desobediencia civil justificarse moralmente? Este trabajo intenta dar una respuesta afirmativa a esta pregunta. Para dar cuenta de por qué la desobediencia civil es moralmente justificable, primero se describen algunos rasgos esenciales de la desobediencia civil. Después se explica la manera en la que tensión entre el poder civil y el poder del individuo –tensión que se asume como la fuente de la desobediencia civil–, bajo la consideración de algunos pasajes de la Fundamentación metafísica de las costumbres, resulta sólo aparente. Una vez disuelta la tensión se defiende que las fuentes normativas individuales y sociales no sólo no se contraponen, sino que su complementariedad es necesaria para justificar la desobediencia civil. Aunque suene paradójico: sólo se puede abrir espacio a la desobediencia a partir de resaltar la importancia de la obediencia y de la ley.

Civil engineering work

International Nuclear Information System (INIS)

Cousyn, Rene; Goubin, Jean.

1977-01-01

Although it does not require a specifically new technicality, the Civil Engineering site of a nuclear power plant is a complex work. Considering as an example the power plant currently in construction at Tricastin, the authors describe the main Civil Engineering work and task organization applied to carry it out [fr

7 CFR 3017.920 - Civil judgment.