Dissertationen zum Thema „Droit fondamental de l’enfant“
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Ben, Othman Nadia. „La recherche d’un droit fondamental de l’enfant à la filiation : approche comparée“. Electronic Thesis or Diss., Paris 8, 2022. http://www.theses.fr/2022PA080083.
Der volle Inhalt der QuelleIs there a fundamental right of the child to filiation? This question has been asked to the French administration and the French judge with regard to both French and foreign children (in particular from the Maghreb), for whom the establishment of a filiation link has proven to be difficult or impossible. Even today, the traditional conceptions of filiation in France and in the Maghreb are sometimes an obstacle to the recognition of a fundamental right of the child to filiation. These traditional conceptions are perceptible through the formulation and/or interpretation of both national provisions of positive law and international instruments with a universal vocation. .../...This thesis aims to demonstrate that it is possible to guarantee a fundamental right of the child to filiation, in France as in the Maghreb, by searching in the laws and instruments in force - national as well as international - but also in the jurisprudence, the constitutive elements of such right. .../...In France, the recent debates on the filiation of children born under X, resulting from surrogacy, or from AMP, show that in spite of the recent scientific progresses, it remains difficult for certain categories of children to assert their right to filiation. That is all the more true because international instruments do not sufficiently guarantee the fundamental nature of the right to filiation. In the case of Algeria and Tunisia, there are indisputable textual sources pleading in favor of the recognition of a fundamental right to filiation of the child. In Moroccan law, although the family code expressly prohibits the establishment of natural paternal filiation, it seems that this problem can be circumvented through the procedure of recognition. .../...The study of these different legal systems also shows that, beyond their differences, there are convergences that should be better considered when deciding upon certain matters with a transnational dimension. The sources of Muslim law, on which the family law legislation of the Maghreb countries is based, do not contradict our analysis and reveal to what extent the existing political and jurisprudential interpretations to deny the child the right to filiation are more based on moral conservatism than on the existence of prohibitive sacred norms. This comparative work shows that guaranteeing the child's right to parentage requires a paradigm shift in both the drafting and interpretation of parentage laws
Duvignau, Jérôme. „Le droit fondamental au séjour des étrangers“. Pau, 2010. http://www.theses.fr/2010PAUU2016.
Der volle Inhalt der QuelleAt first glance, the mention of a fundamental right of residence in favor of foreigners may appear surprising, as it would completely go against both the rigor of national policy on immigration and against the solutions based on current rights that deny the existence of such a right and that subsume the issue of foreigner residency to a logic of national sovereignty. Nevertheless, there are, among a foreigner's fundamental rights, certain rights that can be opposed to the implementation of police measures and that can, moreover, result in a guarantee for a foreigner's residency by simple virtue of the protection of the right in question. In exercising their fundamental rights, foreigners are given the ability to enter the immigration territory or even to remain there, depite the enactment of a deportation measure. The fundamental right to reside, revealded in this manner, is however never entirely autonomous. Instead, it results from a mediation mechanism, given that it only exists through the application of other fundamental rights. It is nonetheless necessary to note that the impact of a foreigner's fundamental rights on their residency will not lead to the full assimilation of the foreigner as a member of the national community. The fundamental rights system for foreigners remais in continual confrontation with the logic of national sovereignty, and this logic is quick to reappear and to constrain the residency of non-nationals. In the end, only a restricted number of foreigners are able to take advantage of the right to reside. And when their residency is legitimate, the foreigners have no guarantee of receiving a valid residency card. In other words, no right to regularize residency is automatically associated with the right to remain in the immigration territory. The logic of the rights most certainly constrains the public powers' freedom of action, although in no way does it make this freedom disappear
Stephan, Jérôme. „L'identité de la personne humaine : droit fondamental“. Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0400.
Der volle Inhalt der QuelleOne of today’s debates which can no longer be ignored and which has been on everyone’s lips for several years is the concept of identity. It is at the heart of numerous and diverse problematics. Beyond its polysemous paradox, identity is a well-known notion in humanities, whereas in law its outlines are still unclear. What does the legal notion of identity integrate? Can the right to which it is linked be a fundamental one? Identity is not only a set of elements that allows the state to make a distinction between two persons. The official state identification procedures, like civil status and identity documents, have to face current themes and particularly security ones. But identity, after being a long-time state monopoly, is becoming more and more often a way to claim. Indeed, identity, versatile and evolving, is freeing itself from the state regulatory framework so that the individual can express himself and enhance its individualization. Today, identity is not only the answer to « who am I? » but also to « who do I want to be? » Identity claim is part of a personal approach of multiple recognitions such as sex, gender, name, religion and origin. In fact, there is no identity crisis. On the contrary, identity is actually changing. The only crisis it would face would be, as theorized by psychologist Erik Erikson, due to adolescence. Therefore, identity would face a transition before adulthood that would ensure full legal status recognition. The right of identity is being complemented by the emerging right to identity. Even if it is still fragmented, it tends to be recognized as a real fundamental right inherent to human person
Juncu-Moraru, Corina. „Le droit au respect du secret de la personne, droit fondamental ?“ Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32025.
Der volle Inhalt der QuelleIs there a right to secrecy and, if so, should this right be classified as a fundamental right? Indeed, should one not notice, beyond the protection of privacy, the gradually emerging elements of a fundamental right, inseparable from the very notion of natural person, an area representing the secrecy of a human person without which his/her unique individual consciousness, as well as his/her opinions and choices could not express themselves in action? In addition to the transparency requirements, designated in recent decades as the foundation of democratic societies, the urgent need to abide by a secrecy domain proper to the human person becomes more imposing each day, obligation most often accompanied by legal sanctions and gradually developing into a right. This necessary secrecy, a counterpart of the freedom of expression, ultimately acts as another guarantor of a pluralist democracy. The explosion of technical means of investigation requires rethinking the relationship already established between secrecy and information. The individual must be protected against indiscreet and unjustified intrusions in the substance of his person by a right to secrecy, essential to his/her self-determination. Only the right to secrecy provides him/her with the legal background enabling him/her to determine his/her own profound values and build his/her own identity. The place secrecy occupies in each individual’s life and in society as a whole, leads one to wonder about the meaning of this concept, the legal nature of the right to secrecy, and the modalities of his/her protection under the positive law. The first part of this thesis seeks therefore to bring to light the protection of the secrecy by constitutional and European judges, as well as its characteristics as a fundamental right. The second part of this study is devoted to the analysis and synthesis of all normative acts that ensure the preservation of various aspects of the right to secrecy. These texts, often criminally sanctioned, are common in French law, though, with no one actually attempting to fully comprehend them so far. Their scope confirms that, while a fundamental right, the right to secrecy can never be absolute
Guilbert, Jonas. „Essai sur le concept de l'abus de droit fondamental“. Electronic Thesis or Diss., Toulouse 1, 2021. https://publications.ut-capitole.fr/id/eprint/44668.
Der volle Inhalt der QuelleCertainly, the discomfort caused by the expression “abuse of a fundamental right” is the driving force behind this research: how can one abuse a right, which is even more fundamental? In spite of the ambiguity of this expression, the abuse of rights is a positive notion in terms of fundamental rights. Envisaged in many international and regional declarations of human rights, it is particularly used by the ECHR. However, if we want to resolve certain paradoxes objectively attached to the notion, it is necessary to work on theoretical clarification: what can the subject of law really abuse in law? What does it really mean to have a right? And further, what does it mean to have a fundamental right? Based on the work of the philosopher and semiotician C.S. Peirce, as highlighted today by C. Tiercelin, this research starts from a strong ontological commitment: the necessary distinction in law between words, concepts, and things (essentially social facts). From this fundamental clarification, it will be easily seen that the expression “abuse of right” is in reality an abuse of language. However, the concept referred to by this expression has a certain usefulness andpersistent within the legal discourse. From a strictly normative point of view, the concept acts as an anti individualist iclimitation on the use of rights. By stigmatizing legally unacceptable uses, it can not only protect fundamentality as a system, but also prove to be, against all odds, the most faithful instrument to the liberalism constitutive of human rights, as a pragmatic remedy to overly general and abstract restrictions of rights. In any case, the normative work of the concept of abuse of right deconstructs the ideological representations of the legal system, which make people believe that any individual claim constitutes, without any methodical and dogmatic investigation, the exercise of a fundamental right. From a strictly cognitive point of view this time, the concept of abuse of rights can constitute a particularly fertile prism for the study of the phenomenon of fundamentality, because it invites us to delve into the heart of the process of meaning of rights from the point of view of the use made of them by the subjects of law. Thus, the meaning of fundamentality is considered beyond texts and statements, i.e. beyond language, in order to apprehend, in the light of the concept that is the subject of this research, the legally significant scope of the individual action itself: when valid use is a sign of the alleged right. The study of this significant “bottom-up” process may reveal a horizon of new knowledge about fundamental rights, and even about a legal and realistic conception of democracy
Debaets, Émilie. „Le droit à la protection des données personnelles : recherche sur un droit fondamental“. Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010326.
Der volle Inhalt der QuelleThe digital revolution is ambivalent. On the one hand, it empowers the State to strengthen its ability to fulfil its responsibilities and the individuals to exercise some of their rights, yet on the other hand, it enables the capturing and storing of an increasing part of day to day personal life. In order to address the increased surveillance of individuals, proposals are regularly put forward to incorporate, at the very highest judicial level, a human right to personal data protection, as the existence of such a right would improve the protection afforded to individuals. This thesis undertakes a descriptive, explanatory and evaluative analysis of the human right to personal data protection. In order to examine the making of such a right by the French constitutional court, the European Court of Human Rights and the Court of Justice of the European Union, this study sets out first to reveal its foundations. The right to data protection is then clearly identified and distinguished from other human rights such as the right to privacy. In order to measure the extent of such a right, the study then focusses on analysing the restrictions to which it may be subject when in conflict with other equally protected individual rights or with collective constraints of general interest. The enhancement of the protection afforded to the individual is therefore not as straightforward as it may initially seem. Such enhancement could however arise from the restructuring of the normative process which this human right to data protection implies
Cohen, Patrice. „Le droit à l'information : un droit fondamental vecteur de dérives éthiques en odontologie ?“ Paris 8, 2007. http://www.theses.fr/2007PA082845.
Der volle Inhalt der QuelleIn France, for about twenty years, the field of the medical responsibility seems to us strongly linked to allowance. The right to medical information, the indisputable preliminary basis in the liberation of the consent is transformed to accompany, this evolution of the substantive law, legislative as case law. More or less, it became a real legal way which contributes to make more difficult of all health obligations practitioners. After analising the specificities and the differences of every stage of information, we will show that, if we can't lean on ethical basis, the risk of deviation exists in odontology. We will discover that the processes have been triggered of and succeeded. Either, consciously and in controling the marketing technics, the professionals of odontology, will counter-instrumentalise the medical information in a purely economic objective, either more unconsciously, the odontologists, reassured by many epidemiological studies directed in public health will change their daily practice towards a normalisation of all their gestures and their communication to finish with a health care completely normalised to respect the new rules of society of the "cheerful totalitarianism"
Mougombili, Clément. „La liberté de circulation : justifications philosophiques d'un droit humain fondamental“. Electronic Thesis or Diss., Rennes 1, 2022. http://www.theses.fr/2022REN1S123.
Der volle Inhalt der QuelleThe dissertation provides a philosophical analysis of freedom of movement as a fundamental human right. Enshrined in the Universal Declaration of Human Rights, the right to "leave any country, including one's own" is hardly recognized as being fundamental, including by liberal democracies. When its importance is recognized, it is often justified by specific interests – for example, economic or demographic – that migration should serve. The idea defended here is that freedom of movement has an intrinsic value, that is, independent of the specific interests that it can serve. The argument has two parts. In the first part, we mobilize the history of political ideas to show why freedom of movement was thought of as a natural right. For three centuries, various philosophers – from Francisco de Vitoria to Immanuel Kant, via Hugo Grotius and John Locke – have drawn on theology and law to analyze the importance of the right to come and go. Why the value of free movement is less advocated in our times? The second part of the thesis is dedicated to the contemporary criticisms of the human right to free movement. While arguments based on sovereignty or on national culture are often mobilized against migration, the socio-economic argument is sometimes used in favor of free movement. Yet, if freedom is conditioned on its economic value, its fundamental character is discarded. Here, we argue that the value of freedom of movement is independent of the specific actions through which it is exercised
Garin, Aurore. „Le droit d'accès aux documents : en quête d'un nouveau droit fondamental dans l'Union européenne“. Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020051.
Der volle Inhalt der QuelleThe principle of transparency is a multifaceted notion. The most salient of its components is the right of access to documents. This right can be compared to the principles of open government and good administration, with which it is closely related. Historically, the roots of access to documents lie in the constitutional traditions common to the Member States. The regulations implemented over time within the EU, which were designed to grant access to the documents held by the institutions, were all modelled on existing national standards. Atypically, the development of the right of access is built around a peculiar phenomenon: while this right made its debut on the legal stage through the principle of transparency, it gradually became a subjective self-standing right. As the right of access to documents becomes an autonomous concept it has a further effect; the right of access to documents henceforth becomes part of the attributes of the citizen of the European Union. This leads to a narrow interpretation of the exceptions to the rights of access, conforming to the rule “the greatest access possible to documents”. The access to documents generates rights and obligations; the beneficiaries (“creditors”) have been numerous, but at the same time there has been an increase in the number of actors subject to the right of access (“debtors”). We are progressing to a new fundamental right
Dumas, Romain. „Vers le droit fondamental des affaires : essai sur la fondamentalisation des sources du droit des affaires“. Limoges, 2005. http://www.unilim.fr/theses/2005/droit/2005limo0506/notice.htm.
Der volle Inhalt der QuelleThe fondamental rights, in particular devoted in the european convention on human rights, and developped by the european judges, exert from now a growing influence on the french private law, including the business law. The fundamentalisation of the business law deserves the attention and can be considered as the conciliation between the fundamental rights and the guiding principals and particularism of the matter. This conciliatory requirement must thus constitute a leitmotiv, as well in the installation of a fundamental law businesses must be impelled by the internal judge of businesses, source of right nearest of the concerns to justiciables resulting from the economic world. The perenniality of this action will be then ensured by the legislature. This common work must support the specificities of the economic operators and of their environment. The study considers then the concrete implementation of the fundamental law businesses. From the vertical point of view, the official regulating bodies and judges will be compelled with a general obligation of respect of the fundamental rights of the economic operators which could be the subject of limitations with the respect of certain conditions. The judge will be also led to solve the conflicts between the various devoted fundamental rights. In the horizontal plane the relations too liberticides between the operators themselves, of contractual of competing origin, will have to be fought thanks to techniques allowing the restauration of the "fundamentality" and the taking into account of the economic interest of the victims of prejudices
Rubel, Nathalie. „Sexe et laïcité : l'égalité sexuelle comme critère fondamental de laïcité du droit“. Phd thesis, Université Charles de Gaulle - Lille III, 2009. http://tel.archives-ouvertes.fr/tel-01025498.
Der volle Inhalt der QuelleMeindl, Franz-Xaver Thomas. „La notion de droit fondamental dans les jurisprudences et doctrines constitutionnelles française et allemande“. Montpellier 1, 2001. http://www.theses.fr/2001MON10021.
Der volle Inhalt der QuelleMeindl, Thomas. „La notion de droit fondamental dans les jurisprudences et doctrines constitutionnelles françaises et allemandes /“. Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb38981354p.
Der volle Inhalt der QuelleHounsa, Mahougnon Prudence. „Les actes juridiques privés exécutoires : droit français/droit OHADA“. Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100196/document.
Der volle Inhalt der QuelleThe private legal acts are writs of execution for which the fundamental act on which is affixed the enforceable formula is a private legal act. It is the case of notarial acts, agreements approved by a judge, enforceable reports(fines) of conciliation, by report(fine) of nonpayment of an unpaid check made enforceable by the bailiff. The law Macron adds to this family of writ of execution the agreements approved by a bailiff for the small claims(debts).The procedure of establishment of these writs of execution takes place without any jurisdictional control. From then on, it is about to know if the conditions of establishment and implementation of the enforceable private legal acts are satisfactory in the look, on one hand the criteria of definition and effects of the writ of execution and on the other hand the requirement of the respect for the fundamental rights so procedural as substantial? If not, there is a legal and/or case law remedy in this insufficiency? Is this one where necessary, satisfactory?
Nene, Bi Arsène Désiré. „L’effectivité des droits de l’enfant en côte d'Ivoire : entre normes internationales et réalités locales“. Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3034.
Der volle Inhalt der QuelleThe effectiveness of children’s rights in Ivory Coast is subject to a constant and fragile tension between the international standards that proclaim these rights and guarantee them and the local realities that are those of a developing country. In addition, for more than ten years, Ivory Coast has faced serious problems of political and social instability because of an armed crisis that has destabilized protection regimes in all areas where they previously existed. Could the situation of the protection of the rights of the child, mainly from international origin and placed under international control, escape this context? The thesis shows that the integration into Ivorian national law of international standards of protection through a wide participation of Ivory Coast in most instruments protecting both human rights in general and the rights of the child in particular, just as the national translation of these rights according to constitutional requirements into important legislation could give a sense of effectiveness. However, this feeling is fake. The effectiveness of these rights, when challenged by the realities of the country, falls under the weight of manifestations of violations as diverse as unacceptable. This is why measures for improved effectiveness are recommended. Their implementation could guarantee a better future for all children in Ivory Coast
Bagal, Monique. „La protection des indications géographiques dans un contexte global : essai sur un droit fondamental“. Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3077.
Der volle Inhalt der QuelleSince two decades, the international protection of geographical indications is characterized by a “blockage” in the negotiations at the World Trade Organization opposing the countries favorable to the protection of geographical indications to countries more skeptical in this regard. Deriving from a compromise between the European conception of the protection of GIs and the American one, the minimum standards of TRIPS have revealed the different legal options in this field and have resulted in a passionate debate over the appropriate role of the State. History shows that the advocacy for, or indictment against one or the other way of protecting GIs focuses essentially on the philosophy of protection in one or the other territories. As a reminder, the European Union “culture” is to protect industries far too exposed to competition while the American “culture” is to preserve economic freedom of operators and to grant monopoly on a geographical name only where such name has been tested on the market and is recognized by the “public” as having a geographical anchorage. Equally compelling, neither of these philosophies has allowed reaching the most acceptable balance for GI regime. This work seeks to transcend them. It bets that everything has not been tried yet, at least from a legal perspective. In order to find a common solution and a way forward to multilateral protection of geographical indications, the paper relies on the culture of “human rights”, not really with a view to “moralize” the field of study but more to deduct practical answers deriving from the international human rights law. As a matter of fact, article 15.1 c) of the Convention on Economic, Social and Cultural Rights provides that “The States Parties to the present Covenant recognize the right of everyone […] to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”. The activation of this article could allow approaching geographical indications operators, not only as beneficiaries of certain rights but also as beneficiaries of public policies. By virtue of article 15.1 c), there shall be a right to benefit from the GI protection (“right-liberty”) but also, a right to claim certain public policies (“right-debt”) in this regard. Beyond this seemingly strict framework for GIs, the reference to international human rights law proves to beneficial to the necessary balance between the rights of GI operators and the rights of the public. Incidentally, this balance is inclusive of multiple issues which is essential to the legitimacy of the multilateral regime of protection of GIs
Bernardi, Marie-Josée. „L’impact de l’article 24(2) d) de la Convention Relative aux Droits de l’Enfant sur le droit au meilleur état de santé possible pour l’enfant à naître au Canada ou Une approche unitaire des besoins sanitaires de la femme et du foetus“. Mémoire, Université de Sherbrooke, 1993. http://hdl.handle.net/11143/10662.
Der volle Inhalt der QuelleMagli, Mia. „Giustizia penale e protezione dei minori nell’Unione europea“. Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA005/document.
Der volle Inhalt der QuelleToday children’s rights occupy an increasingly prominent place on the EU legal and policy agenda. The promotion and protection of the rights of the child is now an objective of the EU as set out in Article 3.3 of the Treaty on European Union. The rights of the child are also enshrined in the article 24 of the Charter of Fundamental Rights of the European Union. The EU has now many legislative documents and non-legislative acts related to children’s rights or that may have the potential to impact on children’s life. This Phd thesis analyzes the nature, scope and value of EU measures in relation to children in two main areas : child protection and juvenile criminal justice. It investigates if there is an added value of children’s rights at EU level and it also makes some suggestions to improve the promotion and protection of children’s rights in the EU
Al giorno d’oggi, i diritti dei minori occupano uno spazio sempre più importante nell’agenda giuridica e politica dell’Unione europea. Attualmente, infatti, la promozione dei diritti dei minori rappresenta un obiettivo dell’Unione, consacrato nell’articolo 3, par. 3, del Trattato sull’Unione europea. I diritti fondamentali dei minori sono poi sanciti esplicitamente nell’articolo 24 della Carta dei diritti fondamentali dell’UE. Oggi, l’Unione europea può disporre di numerosi strumenti normativi (e non) dedicati espressamente ai diritti dei fanciulli e tanti altri possono avere delle ripercussioni indirette sulla loro vita. La presente ricerca analizza, pertanto, la natura, la portata e il valore delle misure intraprese dall’UE in due settori principali : la protezione dei minori e la giustizia penale. Lo scopo della tesi è esaminare in che termini si possa parlare di un valore aggiunto della promozione dei diritti dei minori a livello UE, rispetto alle normative già in vigore a livello nazionale e internazionale. A partire da tale analisi, essa cerca di proporre nuove soluzioni per migliorare la promozione e la protezione dei diritti dei minori nell’Unione europea
Meddour, Sabrina. „L’enfant et la liberté religieuse à la lumière du droit international, européen et français“. Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30102.
Der volle Inhalt der QuelleThe right to freedom of thought, conscience and religion expressly granted to the child under article 14 of the Convention on the Rights of the Child adopted in 1989 raises many questions. Regarding his particular dependence and vulnerability, the exercise of this liberty by the child appears particularly weaken. Children’s rights are indeed threatened from all quarters, so much by public authority as by their family or by third parties, if not by the child himself. Parents, while being his first protectors and first “spiritual guides”, can also represent the first obstacle to the full exercise of the child’s freedom of religion, therefore raising a conflict between parental and children’s rights. It is to be noticed that the State establishes itselfs as the protector of the child whenever parents endanger him even in the name of religious beliefs. The judge might also intervene within family conflicts resulting from religious disagreements. Ensuring public order as well, the State will in some cases subject child’s and parents’ freedom of religion to limitations deemed necessary in regard to the primacy of a particular social interest such as the protection of secularism. It seems therefore essential to consider the question of the child’s religious freedom within the family sphere as well as, to a larger extent, within society, while questioning the effectivity of the right of the child to religious freedom. As for any subject relating to children’s rights, the search for balance between freedom and protection is engaged on a difficult path as evidenced by this study on the right of the child to religious freedom
Alraman, Mansur Kamis. „Mise en oeuvre de la Convention internationale relative aux droits de l'enfant en droit international et en droit libyen“. Thesis, Clermont-Ferrand 1, 2011. http://www.theses.fr/2011CLF10363.
Der volle Inhalt der QuelleThe International Convention on the Child’s Rights, ratified by almost all the countriesin the world, including Libya in 1991, has established the children’s legal rights as subjectof law, both at the national and international levels.This convention built up a system of human rights devoted to the child where hebecame a rightsholder from his birth. It also provided him with the full array of civil,political, cultural, social and economic rights of all children. The implementation of theserights is met with several limitations and obstacles.The immaturity of the child does not permit him to dispose of them before he receivesthe necessary protection and education, all this being prerequisites for the future use of hisrights. International mechanisms are not effective enough. The control functions of theCRC and UNICEF are too often inadequate and their improvement is a challenge for amore concrete and real principle generated by the CRC.Besides, at a state level one can notice a discrepancy between commitments and whatreally happens on the field. This contradiction raises difficulties for the practical realizationof the measures of this Convention, which must find their solution in effective internationalcooperation.The implementation of the CRC in Libya’s legal system has still some drawbacks. Thesocio-Cultural restrictions lead to several conflicts between international standards and theIslamic Law. Although some measures were taken to improve the situation, too manydifficulties remain that prevent the children from our country from being treated with thesame fairness and equality as those from other countries
Pfeiff, Silvia. „La portabilité du statut personnel dans l'espace européen: De l’émergence d’un droit fondamental à l’élaboration d’une méthode de la reconnaissance“. Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/229680.
Der volle Inhalt der QuelleDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Abena, Guy. „L'intérêt de l’enfant dans le droit de la filiation : les problèmes posés par les procréations médicalement assistées“. Grenoble 2, 2005. http://www.theses.fr/2005GRE21007.
Der volle Inhalt der QuelleTobón, Berrio Luz Estela. „Les droits de l’enfant face aux punitions corporelles dans la famille“. Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100157.
Der volle Inhalt der QuelleThe research aimed to characterize corporal punishment as an educational phenomenon in tension with the rights of the children, from the social representations of ordinary parents. The study included parents from bi-parental families, excluding the population in economic risk, living in Colombia. The approach involved a multidisciplinary perspective -family education, theory of social representations and legal consciousness studies (LCS)-. The gathering of data is performed with two instruments: the associations networks and semi-structured interviews. The first one allows to reach the construction of the semantic context of the representation. The prototypical analysis of networks made with the EVOC 2003 software led to the exploration of the representational structure. Five objects of representation were examined for the characterization of their content and structure: Punishments-rewards, Children’s rights, Parental authority, Family education, Boys-girls. This approach searched for a deep understanding of the phenomenon of corporal punishment from the point of view of the actors. The treatment of the interviews by the Atlas.ti software was made using conceptualizing categories. This analysis allowed deepening the knowledge of representational elements and their link with stories of everyday life from the parents. The obtained narratives exposed the participants' reconstruction of the discourses emerging from tradition, the legal field, and the learned field; which would be integrated to the social thought network. The examination of the reformulation of the legal discourse and the social representation of children’s rights opens the way to understanding the construction of special legality by the parents on a daily basis
La investigación tuvo por objetivo caracterizar el castigo físico en tanto fenómeno educativo en tensión con los derechos de los niños desde las representaciones sociales de los padres ordinarios. El estudio se desarrolló en Colombia con madres y padres de familias biparentales. Éste se inscribe en una perspectiva multidisciplinaria - educación familiar, teoría de las representaciones sociales y estudios de la consciencia del derecho -. La recolección de los datos se realizó a través de dos instrumentos: las redes de asociaciones y las entrevistas semi-estructuradas. El primero permite alcanzar la construcción del contexto semántico de la representación. El análisis prototípico de las redes con el software EVOC 2003 conduce a explorar la estructura representacional. Cinco objetos de representaciones fueron examinados para la caracterización de su contenido y estructura: Castigos- premios, Derechos de los niños, Autoridad de los padres y madres, Educación en la familia, Niños-niñas. Esta aproximación busca la comprensión del castigo físico desde la perspectiva de los actores. El tratamiento de las entrevistas en el software Atlas.ti se realizó con la ayuda de categorías conceptualisantes. Dicho análisis permite acceder al conocimiento de los elementos representacionales y su relación con las narrativas acerca del cotidiano de los padres. Los relatos recogidos exponen la reconstrucción realizada por los participantes de los discursos emergentes de la tradición, el campo jurídico y de origen experto, los cuales estarían integrados en la red de pensamiento social. El examen de la reformulación del discurso jurídico y la representación social de los derechos de los niños abre la vía a la comprensión de la legalidad particular construida por los padres en el cotidiano
Gualco, Elena. „La non-discrimination en raison de l’âge en tant que principe et droit fondamental dans l’ordre juridique de l’Union européenne“. Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100087.
Der volle Inhalt der QuelleThis thesis focuses on the development of the issue of age discrimination in the EU context and in the Court of Justice leading cases. On the one side, the paper underlines the weaknesses of this specific ground of discrimination due to three main elements: i) the variability and universal impact of the “age factor”; ii) the existence of some provisions (such as art. 6, Council Directive 2000/78/EC) which seem to be unable in ensuring a complete protection in this field; iii) the role of age as an intrinsic criteria of labour market legislation, meaning that, in some circumstances, differences in treatment may be justified under legitimate aims. On the other side, the analysis of recent ECJ case law addresses other reflections concerning, first of all, the horizontal direct effect given to non-discrimination on ground of age as a general principle of EU law; then, the role and the importance of the European Charter of Fundamental Rights and its provisions on age discrimination; furthermore, the necessity to balance the protection of this fundamental right with Member States discretion concerning employment policies
Chambardon, Nicolas. „L'identité numérique de la personne humaine : contribution à l'étude du droit fondamental à la protection des données à caractères personnel“. Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2072.
Der volle Inhalt der QuelleFrench law approaches personal data and the person they are related to as separated objects. This special status would be justified by the transformation resulting from the data processing. However, by defining personal data as "information relating to an identified or identifiable natural person, directly or indirectly", the law of 6 January 1978 suggests that they are in fact connected to each other. Therefore, those data are to be understood as identifying elements. Following the interdependence of subjective and objective elements, they are components of identity. They form the person’s digital identity, which is increasingly solicited and gathered. The intuitive assumption of personal data as components of identity is thwarted by French positive law, within which the Data Protection Act marks its autonomy in comparison to Article 9 of the Civil Code – the latter being the matrix of rights related to personality. The same way, protection of personal data is distinguished from protection of privacy in the European Union’s Charter of Fundamental Rights. This increasing autonomy allows the accelerated conversion of personal data into assets. In a multitude of conventions, they are regarded as isolated elements of which processing is allowed. Yet the split between the person and their data could be avoided: protection of the autonomy of the person can ensure a connexion. The European Court of Human Rights considers data protection as part of the right to privacy, hence asserting the existence of a link between personal data and identity of the individual. Moreover, its case law regarding the protection of personal autonomy may constitute an answer to the objectification of individuals. Correlatively, the French Constitutional Court has already taken data protection as a part of personal freedom, the latter being considered in its case law as the embryo of the right to the development of personality and the protection of identity. By taking identity as the starting point of a study examining a right to data protection, it is possible to reveal the stakes of exponential gathering of personal data and ensuing profiling: the autonomy of the individual. Therefore, the latter can be protected by the concept of human person as subject of fundamental rights
Arellano, Ortiz Pablo Andrés. „Universalisme et individualisme dans le droit chilien des retraites“. Thesis, Paris 10, 2009. http://www.theses.fr/2009PA100179.
Der volle Inhalt der QuelleSince the 1980s the Chilean pension scheme has drawn the attention of social security experts. The recent reform of 2008, which extended pension coverage, forced a rethink of the analysis of the Chilean model, from a different perspective. While the protection of old age risk is still realised on the basis of a single logic model based on contributory capacity, the compliance of the right to a pension with the principle of subjective universality must now be analyzed. The two components of the Chilean system should indeed be understood in order to assess their overall ability to cover the entire Chilean population. The first component includes a non contributory mechanism provided by the State, which responds to its international and constitutional obligations of protection of its population. The second component consists of mandatory and voluntary contributory mechanisms to enable people to obtain protection against the old age risk. With its new non-contributory mechanisms, the 2008 reform enhances the protection of the fundamental right to retirement, and through the corrections of the contributory mechanisms, extends the coverage of retirement’s contributory pensions. The subjective universality must therefore be found through the analysis of all the mechanisms of the pension system in Chile. It is indeed the complementarity of these two mechanisms which confers the right to pension its universal character. The retirement system has become a coherent whole, combining Universalism and Individualism to protect the entire population
Kane, Ameth Fadel. „La protection des droits de l'enfant pendant les conflits armés en droit international“. Thesis, Université de Lorraine, 2014. http://www.theses.fr/2014LORR0122/document.
Der volle Inhalt der QuelleThe protection of children rights victim of the armed conflicts is a recent and current problem which leans on the evolution of human rights and on the transformation of the nature of the conflicts. It raises the question of the existence of a substantial international normative frame, capable of assuring protection and assistance to the child in the grip of hostilities. On this point, it seems that the international law plans a set of legal mechanisms applicable to the child, whether he is direct or indirect victim of the conflicts, or that he participates directly in the hostilities. However, the examination of these instruments shows that they are often characterized by the generality of their measures which are not still adapted to the consideration of the specificity of the child. Furthermore, they sometimes raise questions of applicability. So, if we cannot deny them any effectiveness, this one remains partial in many cases. The adoption of legal mechanisms specifically applicable to the child, as the Convention on the Rights of the Child of 1989 and its optional protocols, had moreover for object to remedy this maladjustment and to establish the exhaustiveness of the legal framework. The obstinacy of the violations makes, however, normative inadequacies become aware and impose a redefining of the objective of protection. In this context, the growing implication of the Security Council, but also the criminalization of the violations committed during the armed conflicts, define a new approach of the responsibility of the international community on the subject. This intervention allowed, indeed, to remind to States their obligations and to adopt penalties against individuals offenders. Also, the condemnations pronounced by the International Criminal Court and the Special Court for the Sierra Leone for war crimes consisting in the recruitment and in the use of children soldiers mark the end of a denial of justice. However, the action of these jurisdictions is sometimes hindered by the complexity of rules governing the international justice or the lack of cooperation of States. Thus, an international frame object of all the contradictions emerges from it, where from the relativity of the system of protection. This puts the necessity of insisting on the first responsibility which falls to States in this domain
Gusan, Ana. „L'autonomie de l'enfant en droit international“. Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0289.
Der volle Inhalt der QuelleThe concept of "child autonomy" is not fully seized by the international legal order. This is due to the vulnerable nature traditionally granted to the child and the conceptual confusion with the personal autonomy applicable for the adult. However, the 1989 Convention on the Rights of the Child is the first international instrument to counter such prejudices. We propose, in this thesis, to observe the way in which the CRC considers this unnamed object both in the preparatory work and in the practice of the Committee on the Rights of the Child. Consequently, its conventional construction, both objectivist and voluntarist, gradually brings the notion of "child autonomy" into the European legal order. This evolution, although still insufficient involves a more general reflection on the transformations undergone and to undergo by international law when it intends to deal with the concept "autonomy of the child"
Ngoy, Lumbu Rémy. „L'instauration du mécanisme de communications individuelles devant le comité des droits économiques, sociaux et culturels : une contribution à l'étude des voies et moyens additionnels pour une mise en oeuvre efficiente du pacte international relatif à ces droits“. Université catholique de Louvain, 2007. http://edoc.bib.ucl.ac.be:81/ETD-db/collection/available/BelnUcetd-08282007-143632/.
Der volle Inhalt der QuelleLaurichesse, Céline. „La grève en droit international privé“. Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD008/document.
Der volle Inhalt der QuelleThe development of the strike in the international order can appreciate richness and diversity of the collective expression of workers, it also increased competition from different national laws. The absence of a regulation reflects the difficulty of controlling the legal concept and it creates a conflict of laws and courts. The need for the adoption of rules of conflict, which determines the law and the competent court, has therefore become necessary to provide an answer to this conflict problem. The character of the fundamental right to strike, however, requires to be special protection when its value is questioned by an authority designated by the conflict rule foreign law. As such, the conventional public policy exception allows oust usefully foreign law contrary to public policy. The requirement of the presence of links relevant connecting with the legal order and a certain degree of gravity of the alleged violation of the fundamental right to strike ensures a weighted intervention public policy exception. It constitutes an effective means of protecting the right to strike while remaining a mechanism whose intervention is exceptional
Chakira, Samina. „L'évolution du statut juridique de l'enfant en droit comorien : histoire d'un pluralisme juridique à l'épreuve de la modernité“. Thesis, Perpignan, 2014. http://www.theses.fr/2014PERP1209/document.
Der volle Inhalt der QuelleRegarded for centuries as a subject devoid of any reflection, Comorian children are protected by a specific type of community protection. This is complemented by protection from the state which, inspired by the legal instruments relating to fundamental rights of the child, reinforces this community protection in a consistent manner. Comorian children grow up in a multicultural society, marked by poverty. The protection offered to these children is based on both the Comoros’ own educational traditions, and on modernity, represented by legal contributions related to settlement and ratification of international agreements. Our thesis analyzes the rights of Comorian children in a complex environment, characterized by a plurality of legal sources. Therefore, we chose two angles of approach. Firstly, we analyzed children’s rights based on the organization of the Comorian society and the markers of child protection in terms of legal sociology, history, law, anthropology, sociology, and ethnology. This also allowed us to reflect on the protection of children taking into account both formal and informal systems. Secondly, we analyzed the implementation of the CRC in a multicultural society dominated by the spoken word. We also analyzed domestic and international texts; actor’s involved in child protection, and their flaws. This study aims to have the state and civil society reflect on an optimal model for protecting children that would comply with ratified conventions, all while taking into account the realities of the country. This hypothesis led us to propose a reform of the law regarding children’s rights to achieve both legislative and judicial reform, all in accordance with international law
Koumpli, Christina. „Les données personnelles sensibles : contribution à l'évolution du droit fondamental à la protection des données personnelles : étude comparée : Union Européenne, Allemagne, France, Grèce, Royaume-Uni“. Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D003.
Der volle Inhalt der QuelleBefore the GDPR, protection of sensitive personal data consisted of a prior check by an independent authority despite limiting their free movement. This has been replaced by the obligation of the controller to prepare a privacy impact assessment. With this modification, one can assume a risk of pre-legitimization of data processing, putting the controller at an advantage. Is that compatible with the fundamental right to the protectionof personal data ? This thesis questions the content of this right and the validity of the GDPR. It is based on a comparative study from 1970s until present day between four European countries and the European Union, in which sensitive data are chosen as a meanto the analysis due to their particular protection. Research shows that in legal termsthe preventive conception is a part of the history of protection in the European Union. By limiting freedom of processing it gives meaning to protection and its only subject,the individual. Such an interpretation is compatible with National Constitutions despite their variations. However, the preventive conception of data protection is not so easily compatible with article 8 of the European Charter of Fundamental Rights. The thesis puts forward that this article contains the safeguard of a balancing, between EU liberties and individuals’ freedoms, which implicates reduced protection. It is up to the European Court of Justice to identify the essence of this right, an aim to which this thesis could contribute
Smentek, Colette. „Korczak, une vision spécifique de l’enfance : le rôle et la place de l’enfant dans la vie et l’œuvre de Korczak“. Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2054.
Der volle Inhalt der QuelleThis thesis offers observation and analysis on the topic of education in Korczak’s work. Childhood is the recurring theme in the works of this renowned doctor, poet and writer. This analysis takes into account the theme of childhood throughout the diversity of the works of this doctor educator. Janusz Korczak is mainly known as the man who refused to abandon his Jewish orphans when they were taken to the death camps of Treblinka. Why this ultimate act ? A look into his life has been necessary in order to study the educator in his whole and to extract the essence of his thought. Understanding the man throughout key moments of his life and some of his irrevocable choices which lead him to think about the children’s condition. His works include children’s books, biographical books but also some more educational. Studying them leads us to understand fully the ideas Korzack had about childhood and the values he defended such as the right for respect. Finally, the aim is to analyse Korzack’s ideas in relation to the new education and to identify its characteristics. Throughout this thesis, the objective is to understand how the theme of childhood in its pedagogic, philosophic and biographic aspects has influenced the theoric and educational choices and commitment of Korczak
Viale, Béatrice. „LE STATUT JURIDIQUE DE L'ALIMENTATION EN DROIT COMMUNAUTAIRE - DROIT DE L'ALIMENTATION“. Phd thesis, Rennes 1, 2001. http://tel.archives-ouvertes.fr/tel-00106335.
Der volle Inhalt der QuelleUne remise en cause de cette approche est manifeste depuis le déclenchement de la crise de la " Vache folle " en mars 1996. Crise de prime abord conjoncturelle, elle a eu de nombreuses implications notamment quant au mode d'appréhension de tout le secteur alimentaire, dont elle invite à revisiter le statut juridique.
Largement réorganisé, celui-ci tend à devenir le cadre d'une action cohérente grâce à la consécration de la notion de chaîne alimentaire et au développement d'instruments adaptés à la gestion des risques. De plus, la poursuite de l'objectif de sécurité alimentaire oriente désormais toute l'action communautaire fondée sur les principes de précaution et de prévention. Ces nouvelles orientations devront être pleinement articulées avec les exigences des accords multilatéraux conclus dans le cadre de l'OMC et, par ailleurs, elles confortent, peu à peu, les droits à la protection de la santé et à l'information reconnus aux consommateurs. Faudrait-il au-delà leur reconnaître un droit fondamental à la sécurité ?
Houhou, Yamina. „La Kafala en droit algérien et ses effets en droit français“. Thesis, Pau, 2014. http://www.theses.fr/2014PAUU2001/document.
Der volle Inhalt der QuelleKafala is not an Islamic law concept but a new concept of positive Law. Kafala is a complex legal concept. Its complexity is inherent to the many legal questions it raises. Kafala does not create affiliation, but confers parental authority, and a name for the makfoul (adopted child) without filiation. The transposition of the concept of kafala by the French law has generated a problem. The prohibition of adoption imposed by the Algerian law has had a negative impact on the kafala concept because it is often compared to adoption. French law has actually banned the adoption of a child raised by kafala. The makfoul , often without filiation, has no legal status in France
Balat, Nicolas. „Essai sur le droit commun“. Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020012/document.
Der volle Inhalt der QuelleThis work offers a comprehensive study on the “droit commun” (approximately translated into “general rules of law” or “ordinary law”), a fundamental concept at the core of the theory and daily practice of French law. Contrary to traditional approaches involving the impression of a changing and variable concept (civil law, general theory, Roman law, European law, principles?), “droit commun” is a technical concept referring, for a given institution, to the legal rules whose scope of application is indefinite. This study also reveals the two distinct applications of “droit commun”; “droit commun territorial” (“territorial general rules of law”) and “droit commun matériel” (“material general rules of law”). The first application, “droit commun territorial”, although lesser known, is technically and historically primal. Droit commun territorial is specifically mentioned for in article 1393 of the French civil code (regarding the matrimonial property regimes), and in a fundamental principle identified by the French Constitutional Council in 2011. The second application, “droit commun matériel”, is better known but needs an overview. In particular, the section of the French civil code which contains articles 2333 and following (on the “droit commun” of pledging of corporeal movables), refers to it. These two applications of “droit commun” are the expressions of a summa divisio. Although both applications have similarities, they remain fundamentally different. The respective applications of “droit commun” do not refer to the same rules of law: rules where territorial scope of application is unlimited versus rules where material and personal scope of application is unlimited
Tsalpatourou, Asimina. „L'effectivité du droit au logement en France“. Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D013.
Der volle Inhalt der QuelleThis thesis focuses on the effectiveness of the right to housing in French law, in the light of European and international law. The effectiveness of the right to housing has been an important issue in French law since several decades, which has strengthened its legal scope and has shown an acknowledgement of this fundamental right. The study of positive law shows that the right to housing is intended for being effective thanks to its multiple legal consecrations as well as its implementation thanks to an abundant and meticulous legal framework. However, the effectiveness of the right to housing comes up against many obstacles, linked both to the identification of its perimeter (its content and people who are entitled to this right) and its guarantors and its social nature depending on the socio-economic context and the material and legal means. The effectiveness of the right to housing is thus often compromised or reconsidered. That reveals quality and structure problems of the legal framework but also a lac k of engagement on the behalf of the state and local authorities, who limit their responsibility to strict assistance. The unique and solid legal consecration of the right to housing as a fundamental right, the respect of socio-economic developments and the responsibility of the state are necessary in order to fully assure the effectiveness of this right
Kasongo, Lukoji Ghislain. „Essai sur la construction d'un droit pénal des mineurs en R.D. Congo à la lumière du droit comparé : approches lege lata et lege feranda“. Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0278/document.
Der volle Inhalt der QuelleThe Republic democratic of Congo has inherited from Belgium a guardianship children’s system crystallized by the decree of 1950 on delinquent childhood, which was criticized for being inadequate to the Congolese societal realities. However, this text remained in force until 2009, when the country adopted a juvenal protection act (JPA). This text will have the merit of addressing almost all legal issues relating to children; but its main weakness remains the lack of clarity, coherence, and global vision. This law has indeed a legal imbroglio which emerges both at the level of primary and secondary criminalization. While its title suggests the continuity of the tutelary model, its content reveals an alignment with the Malian children’s protection act of 2002, which, on the criminal level, is influenced by the French system more oriented towards repression. While some authors continue to support an absolute criminal irresponsibility of the minor, the JPA uses some concepts which contradicts this approach. Therefore, the present study has proposed a criminal and critical reading based on a systemic, coherent and contextual approach to the juvenile offender while referring to both customary and comparative law (French and Belgian). This study demonstrates the autonomy of Congolese criminal law on minors
Montoir, Carmen. „Les principes supérieurs du droit pénal des mineurs délinquants“. Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020028/document.
Der volle Inhalt der QuelleFollowing one decade of continuous reforms of the juvenile offenders penal law and while a global recast of the matter is considered, it appears important to question the superior principles governing it. Despite its original crystallization, starting in 2002, through the original mechanism of fundamental principle recognized by Republic Law, and its protection by some international tools, the autonomy of the juvenile justice is still currently questionable. On the substantial side, juvenile justice is based on principles, recognized as superior, of answer’s adaptation to the educational and moral restoring of the juvenile and sentence mit igation, which appear nearly absolute. On the other hand discernment has not benefited from an explicit consecration of its paramount status. It is even challenged by the age arbitrary criteria despite the fact that this condition is a cardinal preliminary for penal responsibility determination. On the procedural side, notwithstanding their supra-legislative guarantee, specialized jurisdictions so as requirement for appropriate procedures, regularly inflected, seems dedicated to relativity. Constitutional Council, both matter constituent and guarantor, has been very often invited to determine unreachable limits and to protect the unalterable core. Based on this core’ identification and assessment, this work intend to demonstrate that malleability of the form principles of juvenile offender penal law allows by-pass of background principles immutability, governing this one
Rasho, Abdul Rahman. „Le processus de victimité secondaire chez l’enfant victime d’agression à caractère sexuel : double approche, victimologie clinique, psychologie judiciaire : appréhension par le discours de professionnels du parcours socio-judiciaire“. Rennes 2, 2009. https://hal.univ-rennes2.fr/tel-02083590.
Der volle Inhalt der QuelleWith the aim to study the impact of social and judicial proceedings on the child victim of sexual abuse, this research deepens and clarifies the concept of secondary victimization. Part one: delimitations of the filed and course of study: clinical victimology. Definitions, statistics, interdisciplinary typology of sexual abuse. Cognitive and emotional development of children and impact of sexual abuse on them. The difficulties faced by the abused child, vulnerability of his psych-affective and cognitive structures; need for appropriate treatment. Part two: identification and analysis made by professionals from the socio-judicial environment, major symptoms identified in children assaulted; treatment of these data by the Multiple Correspondence Analysis (MCA). Through interviews with professionals, assessment of the impact of procedures on the child, destabilizing and helpful factors. The preferred audiovisual recording as a technique limiting the proliferation of interventions. The “Outreau” case as an example of the process of secondary victimization with victimized children, analysis of discourse of professionals of the socio-judicial world (source : Le Monde)
Alphonse, Katiuscia. „L'évolution du droit pénal des mineurs délinquants en Haïti“. Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0006.
Der volle Inhalt der QuelleThe construction of the criminal law of the juvenile offenders in Haiti began with the penal code of 1826, before evolving considerably in the 20th century. The law of July 16, 1952 will mark an important first step in the treatment of the juvenile delinquency. The Act of 7 September 1961 on minors facing criminal charges, inspired by the French ordinance No. 45-174 of 2 february 1945 will then establish what can be described as a real fundamental code of juvenile law, unquestionably demonstrating the specificity of the penal law of the minors. This affirmation of a specific criminal response to juvenile delinquency, confirmed by the preliminary draft of the new penal code of 2015, characterizes the evolution of juvenile justice in Haiti. The evolution of the substantive law of the juvenile delinquent is characterized by the implementation of a specific law response. Its specificity is asserted both in terms of its implementation, through the rules of the criminal responsibility of minors, and in its very nature, marked by a compelling educational goal while maintaining in parallel a certain repressive aspect. At the level of procedural, the emergence of a specific juvenile law in Haiti translates by an adaptation of institutions, especially through the establishment of specific jurisdictions, and the development of procedures that were adapted
Amoussou, Vigny Landry. „L'ordre public sanitaire en Afrique francophone“. Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0662/document.
Der volle Inhalt der QuelleLegally, there are several concordant indications clearly highlighting the importance of public health to public order in Francophone Africa. On the basis of this finding, the concept of public sanitary order is based on sound arguments based on its existence and positioning as a dismemberment of the general or traditional definition of public order. On the other hand, the almost fusional link between public sanitary order and the fundamental right to security undermines the relevance of its action in most African states. At issue is the embryonic stage of social security in French-speaking Africa, which contrasts with police measures aimed at the protection of public health, so that protective measures (public health police) and lack of protection (The very low coverage of social security) overlap and contradict each other. Obviously, the combination of these two factors: the inoperability of the right to health and the inefficiency of public services are likely to further weaken the public health order in Francophone African states. Ultimately, in addition to its legal and regulatory justification, public sanitary order in Africa is severely lacking in human, financial, material and institutional means to make it a genuine tool for preserving public health, a component of public order
Xenou, Lamprini. „Les principes généraux du droit de l'Union européenne et la jurisprudence administrative française“. Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020078.
Der volle Inhalt der QuelleThe general principles of EU law, which are a judicial creation of the Court of Justice, play a role in French administrative case law that can be explained by the notion of functional duplication (“dédoublement fonctionnel”). On the one hand, the general principles of EU law are rules that are mandatorily applied by the national courts within the scope of EU law. On the other hand, beyond that scope, they constitute a source of inspiration for the Conseil d’Etat in creating and interpreting general principles of French administrative law. In the first case, the administrative courts are the primeguarantors of compliance with these principles. In line with the requirements of theCourt of Justice, they entirely fulfill their role as the ordinary courts applying principles of EU law. In the second case, they become one of the protagonists of the movement of principles in Europe. However, the coexistence of principles could trigger tensions,heightened by the difficulties in delineating the scope of principles of EU law, which is uncertain and rapidly expanding. That is why the thesis proposes the development of a judicial convergence policy, in which the administrative courts would more clearly affirm their concern to take inspiration from the general principles of EU law. These latter, combined with the principles stemming from the Charter of Fundamental Rights,the ECHR and the national orders, seem to give rise to a new category of material source: the common European principles. The originality of this category, which differentiates it from any other source, is that it constitutes a collective work of judges inEurope, from which they draw their inspiration to create new principles or interpret the existing ones
Tacite, Barbara. „Le tiers en famille : du parent social au beau-parent statutaire“. Thesis, Antilles, 2019. http://www.theses.fr/2019ANTI0372/document.
Der volle Inhalt der QuelleAmong third parties gravitating around a child, French Family Law has difficulty recognizing the singularity of one of them: the one (he or she) who, being in relationship with a child’s parent, provides care for the latter to a certain extent.Whether he or she is bound to a family, or is part of it, this third party commonly named “stepparent” now seems to be known by some part of the positive Law (jurisprudence and doctrine) referred to as “social parent”.One can blame French Law for not succeeding in apprehending, with autonomous rules, these relationships between the third party and the child whose parent is his concubine, having registered a civil union or spouse as a same-sex couple or opposite sex. Indeed the incursion of this third party into the mechanism of parental authority should in no way free itself from the guiding principles of Family Law: joint parenthood /co-parenting; the unavailability of the so-called authority and the upmost respect of the best interest of the child. This study is aimed at highlighting the impropriety, of lege lata, of the identification of the social parent by legal assimilation removing it, thus conceiving a sui generis status. Therefore it might occur from lege ferenda, the statutory stepparent
Sirin, Memduh Cemil. „L'administration de la protection de l'enfance en France et en Turquie“. Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D021.
Der volle Inhalt der QuelleFrance and Turkey organize differently their child protection administrations. The models applied to the child protection administration differ in their division of powers between administration and justice on the one hand and the central and decentralized State on the other. France prefers a decentralized system while Turkey opts for a centralization and deconcentration. In principle, judicial protection in France is subsidiary to administrative protection, whereas in Turkey, as a general rule, judicial decision is compulsory for ail protection measures. Although the different models are applied to it, the respective child protection administrations of the two countries share the same basic shortcomings. These are the protection of an insufficient number of children in danger and insufficient satisfaction of the needs of the children in the care of the administration. While the administrative model of child protection retains its importance, it is necessary to focus first on the constituent elements of administration that are the philosophy, legal infrastructure, institutions and policies of the administration of chi Id protection. This study analyzes the respective child protection administrations of France and Turkey by examining their conformity with the interests of the child on the basis of these constituent elements
Lima, Isabelle Carvalho de Oliveira. „Do direito fundamental à duração razoável do processo : um estudo no âmbito do direito processual civil brasileiro“. Universidade Federal de Alagoas, 2008. http://repositorio.ufal.br/handle/riufal/749.
Der volle Inhalt der QuelleO monopólio da jurisdição impõe ao Estado alguns deveres, tais como o de efetivamente responder às demandas que lhe são postas, a fim de que os jurisdicionados não sejam prejudicados pela proibição da autotutela. Por outro lado, é por meio do processo, pautado pelo princípio do devido processo legal, que se aplica o Direito, dando efetividade às normas jurídicas e realizando os ideais do Estado Democrático de Direito. Por fim, o processo tem custos financeiros e psicológicos para as partes, o que só tende a se agravar com o decurso do tempo. Para legitimar o exercício da jurisdição, realizar corretamente o Direito e efetivar a democracia sem impor sacrifícios injustificados para as partes, é preciso que o processo tenha uma duração apenas suficiente para a prática dos atos necessários. O direito à duração razoável é, pois, um direito fundamental, implícito em todo Estado Democrático de Direito. Recentemente incluído no texto da Constituição da República Federativa do Brasil, é preciso analisar seu conteúdo e abrangência, além de estudar as medidas administrativas e judiciais capazes de assegurar a prestação de um serviço jurisdicional eficiente.
Gueye, Doro. „Le préjudice écologique pur“. Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10061/document.
Der volle Inhalt der QuelleEnvironmental damage has always been taken into account from the perspective of anthropocentric damage, that is, damage that affects humans and goods. Today, driven by the ecological ethics defended by the advocates for an ecocentric design for Man's responsibility to environmental goods, most of the doctrine considers environmental damage as purely ecological damage. This concept of purely ecological damage can be defined as the wrongful consequence of damage to a common environmental heritage, a certain threshold of severity and deriving from an act attributable to man. The specificity of the nature of purely ecological damage means that its recognition and compensation are understood with difficulty in environmental responsibility law. Compensation for purely ecological damage is taken into account, at the European level, by the directive of 21 April 2004, which set up an innovative mechanism for environmental responsibility, transposed into France by the law of 01 August 2008, creating an administrative policy for the prevention of, and compensation for, damage to the environment. However, a judge sensitive to ecological damage always tries to compensate for the purely ecological damage on the common law principle of civil responsibility, the rules of which are ill-adapted to the specificity of this type of damage. Taking the environment into account as humanity's common heritage, the input of subjective and fundamental law on the environment, adapting the civil responsibility regime through implementation of a group environmental action and establishing punitive damage compensation all make it possible to go beyond the requirements of certain, direct and personal damages, and to better repair purely ecological damage through common law in civil responsibility
Leclère, Alexandra. „L'homosexualité et la constitution de la famille : situations française et européenne“. Thesis, Dijon, 2016. http://www.theses.fr/2016DIJOD003/document.
Der volle Inhalt der QuelleThe 2013-404 law of 17 May 2013 which opened up the possibility for people of the same gender to get married shows a turning point for the family rights in France. This law, sometimes described as a real tsunami, is the outcome of taking into account the homosexuals' claim for starting a family. Before 2013 the French right did not allow a homosexual couple to be a homoparental family. It did not authorize people of the same gender to get married. Moreover Assisted Reproduction is only reserved to heterosexual couples and Gestation for Others is strictly forbidden in France. This seemingly constrained consensus on the non-legal recognition of the homosexual family is reinforced by the European right, particularly the European Court of Human Rights whose precedents still show few signs of evolution. Yet, from 2008 the European Court of Human Rights gave a verdict with the 'EB against France' decision on the question of child adoption by a homosexual person ; it implements a major change and marks a break with its prior 'Fretté against France' precedent. This jurisprudential evolution of the EC of HR is part of a larger movement of national rights towards the recognition of the homosexual family. For all that,some questions have been on hold since 2013, particularly for the Assisted Reproduction and the Gestation for Others. The composition of the homosexual family has not yet reached the end
Adja, oke Berthey-Lee. „L'État laïque au défi du droit de l'enfant à l'éducation en France : approches juridiques pour la cohésion sociale face aux nouveaux phénomènes identitaires et religieux“. Thesis, Université Clermont Auvergne (2017-2020), 2018. http://www.theses.fr/2018CLFAD018.
Der volle Inhalt der QuelleAs a structuring principle for the State and public services as a whole in France, secularism is a founding principle of public law. It has always roused the interest of publicists, and the social developments it entails are so ever-changing that it is an on-going subject of study for the scientific community. As such, it is a process, a succession of facts within whose tumultuous framework the dialectics of neutrality of the State and religious freedom constantly challenge coexistence and social cohesion. In this respect, it is well known that questions linked to secularism within State-owned schools, which reflect secularism as a whole, are an ever-lasting central issue relating to social preoccupations. Namely, migratory movements following decolonisation have given way to new religious identities and radicalisms. It is therefore fitting to wonder whether the State and local authorities integrate such social particularities within the fields of freedom of religious instruction, freedom of worship, school catering and the question of wearing religious symbols within State schools. Secularism cannot be considered separately from respect for religious pluralism and for social cohesion, and as such, this study strives to analyse the secularism of State schools within the framework of one such requirement for social cohesion. Private education is first known to pertain to a field of natural expression of religions. Hence, since it has been proven that social upheaval, alongside Diocesan Catholic education and Jewish education, has led to the emergence of faith-based institutions partly characterised by fundamentalist discourse and religious orthopraxis, the State is faced with a new, complex issue. Namely, in these new faith-based institutions, the challenge the State is set is to conciliate respect for freedom of education and freedom of conscience for the children enrolled
Alexis, Marie-Ange. „Enfance en danger : critères et traitement des situations“. Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2016.
Der volle Inhalt der QuelleThe protection of children at risk remains a sensitive area. The French law system ensures to respond to the different situations that children may face, but the recently identified dysfunctions led the legislator (or lawmaker) to reorganize the system of protection. The law of March 5, 2007 on children’s protection brought many updates in response to the professionnals’ needs. However, the reform is struggling to be implemented in practice. The occasioned disappointments invite to reevaluate this system.The study of the protective plan of childhood brings to the conclusion of an obvious need for implementation. The perspective of a new reform appears necessary due to the lack of intervention criterias and inadequate treatments. This mixed satisfaction review leeds to find solutions that could be inspired from foreign systems, which, like in France, rely on a judicialized model. Gradually, the implementation of a new reform of children protection seems inevitable (or unavoidable). The improvement of the French protection plan, goes through two types of essential contributions. First, the redefinition of criterias and the improvement of measures of support should allow a substantial readjustment of children’s protection plan. Second, the complete redesign of the same plan could be achieved through a redistribution of skills and the development of a code dedicated to the protection of minors and young adults. It is only after such a reform that the children’s protection plan could be considered successful in meeting its ambitions