Dissertations / Theses on the topic 'Public's right to know'
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Bowers, Jonathan. "American and Norwegian Press' Approaches to Identification of Criminal Suspects or Arrestees: The Public's Right to Know Versus the Private Citizen's Right to Privacy, Reputation, and Presumption of Innocence." Thesis, University of Oregon, 2013. http://hdl.handle.net/1794/13428.
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This thesis examines the processes the American and Norwegian press go through when identifying (or not) private citizens who are suspected of or arrested for a crime. Four central principles are explored in detail and elaborated upon as they relate to the press and individuals in the criminal justice system: the public's right to know, the right to privacy, protection of reputation, and presumption of innocence. Three Norwegian newspaper editors and an independent consultant to the Norwegian Institute of Journalism elaborated on how identification of criminal suspects is determined in Norway. The Norwegian case study provides an alternative approach to identification. Both legal and ethics solutions are proposed as a way to help protect the privacy, reputation, and presumption of innocence of private individuals suspected of or arrested for a crime but without unconstitutionally intruding on press freedom.
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Burge, Kevin Turrini Joseph. "The Presidential Records Act of 1978 its development from the right to know and the public's demand for federal records ownership /." Auburn, Ala, 2008. http://repo.lib.auburn.edu/EtdRoot/2008/SPRING/History/Thesis/Burge_Kevin_50.pdf.
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Weiland, John, and n/a. "The Future of International Media Coverage of Military Operations." Griffith University. School of International Business and Asian Studies, 2003. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20051104.143303.
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Given the nature of modem warfare and the impact that technology has in contemporary war reporting, the primary objective of this thesis is to identify the most likely means by which the international media will cover future military operations. Initial research concentrates on the cultural and systemic ethos of the military and media professions and examines whether any differences have an adverse impact on how they operate during periods of armed conflict. A brief review of the history of war reporting is undertaken for several purposes; firstly, to discover if any differences between the professions have had a historical basis and, secondly, to ascertain whether there is any historical evidence of the media compromising military operations when covering operations during armed conflict. It was found that one of the principle reasons why the military and the meha have been traditional adversaries is that the military sees secrecy as vital for the successful conduct of its operations. The media, on the other hand, seeks complete disclosure. In what is considered to be the first of its type undertaken in Australia, a comprehensive survey was conducted to identify how each profession viewed the other. Research concentrated on the US and Australian models, examining how modern technology has made it more difficult for the dtary to control the media than in past conflicts. Research further identified that in the context of modern armed conflict, the military and the media have predominantly different and frequently competing interests. It was also found that the protection and advancement of their interests are affected by technological changes which are redefining the nature of modern warfare, and the means and capacity of the media to report it. The way the media gathers news during conflict was shown to have changed dramatically over the past ten years, particularly with its use of technology in transmitting news live from a battlefield back to a parent media organisation. The military was further seen as dramatically changing the manner in which it conducts warfare, including the introduction of initiatives aimed at neutralising the media's impact on operational security. Somewhat alarmingly, these initiatives not only minimise possible compromises of security but overall media criticism as well. Research also found that the tensions currently existing between the military and media can be resolved by both parties agreeing to a more effective way of reconciling their differences. However, it was found that any well meaning initiatives by the military and the media to work closer together during periods of conflict will be difficult to achieve if the ever-present political manipulation of news is not addressed. The thesis concludes by recommending changes to current military and media doctrine in order that future conflicts may be covered in a manner that fulfils the 'public's right to know,' while at the same time, allows the military to conduct operations without fear that security may be compromised by the subsequent media coverage.
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Weiland, John. "The Future of International Media Coverage of Military Operations." Thesis, Griffith University, 2003. http://hdl.handle.net/10072/366372.
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Given the nature of modem warfare and the impact that technology has in contemporary war reporting, the primary objective of this thesis is to identify the most likely means by which the international media will cover future military operations. Initial research concentrates on the cultural and systemic ethos of the military and media professions and examines whether any differences have an adverse impact on how they operate during periods of armed conflict. A brief review of the history of war reporting is undertaken for several purposes; firstly, to discover if any differences between the professions have had a historical basis and, secondly, to ascertain whether there is any historical evidence of the media compromising military operations when covering operations during armed conflict. It was found that one of the principle reasons why the military and the meha have been traditional adversaries is that the military sees secrecy as vital for the successful conduct of its operations. The media, on the other hand, seeks complete disclosure. In what is considered to be the first of its type undertaken in Australia, a comprehensive survey was conducted to identify how each profession viewed the other. Research concentrated on the US and Australian models, examining how modern technology has made it more difficult for the dtary to control the media than in past conflicts. Research further identified that in the context of modern armed conflict, the military and the media have predominantly different and frequently competing interests. It was also found that the protection and advancement of their interests are affected by technological changes which are redefining the nature of modern warfare, and the means and capacity of the media to report it. The way the media gathers news during conflict was shown to have changed dramatically over the past ten years, particularly with its use of technology in transmitting news live from a battlefield back to a parent media organisation. The military was further seen as dramatically changing the manner in which it conducts warfare, including the introduction of initiatives aimed at neutralising the media's impact on operational security. Somewhat alarmingly, these initiatives not only minimise possible compromises of security but overall media criticism as well. Research also found that the tensions currently existing between the military and media can be resolved by both parties agreeing to a more effective way of reconciling their differences. However, it was found that any well meaning initiatives by the military and the media to work closer together during periods of conflict will be difficult to achieve if the ever-present political manipulation of news is not addressed. The thesis concludes by recommending changes to current military and media doctrine in order that future conflicts may be covered in a manner that fulfils the 'public's right to know,' while at the same time, allows the military to conduct operations without fear that security may be compromised by the subsequent media coverage.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of International Business and Asian Studies
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Anney, David. "The Pennsylvania Right-To-Know Law as Applied by Public School Districts: A Mixed Methods Analysis." Youngstown State University / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1377699066.
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Rees, Ann. "Risk and the public right to know: case studies of psychoactive drug prescribing patterns in British Columbia /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2400.
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QUEIRÓZ, CAROLINA PENAFIEL DE. "I JUST WANT TO KNOW WHAT CAN GO RIGHT, I HAVE NO TIME TO LOSE: CHOICES AND THE USE OF HISTORY TEXTBOOKS IN PUBLIC SCHOOLS." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2012. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=21326@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCOORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
PROGRAMA DE EXCELENCIA ACADEMICA
Esta dissertação buscou analisar o processo de escolha dos livros didáticos de História e o uso que se faz deles a partir da fala dos professores de algumas escolas municipais da cidade do Rio de Janeiro. Utilizando a metodologia de entrevistas e valendo-se da bibliografia sobre saber docente, capital cultural e formas de leitura, foram entrevistados quatorze professores de diferentes regiões da cidade. Além disso, foi feito um levantamento dos livros escolhidos por todos os professores de História da rede municipal e o resultado é surpreendente: apesar de todos os livros do PNLD serem utilizados, a grande maioria dos professores escolheu apenas um, que não é muito bem avaliado pelo PNLD, o que demonstra um desacordo entre as expectativas dos avaliadores do MEC e as dos professores. Tentando entender por que isso ocorria, partimos do princípio que cada leitor se apropria de forma diferente do texto. Por isso, buscamos entender como é o processo de escolha dos livros didáticos em cada escola; quais são os critérios dos professores em suas escolhas; qual o lugar ocupado pelo livro na aula; quais problemas o professor enfrenta na utilização do livro e quais estratégias o professor constrói para a utilização deste material. Os resultados apontam que os professores consideram o PNLD uma política pública muito importante, porém, sentem muita dificuldade no uso dos livros por considerarem seu vocabulário muito distante do universo cultural dos seus alunos. Além disso, não existe um clima favorável à escolha do livro nas escolas, sendo sempre um processo muito corrido, além do guia do PNLD quase não ser uma ferramenta para as suas escolhas.
This thesis focused at analyzing the process of choosing the history books, and the use made of them up from the teachers speech of some municipal schools of the city of Rio de Janeiro. Using the methodology of interviews and drawing on the literature on teacher knowledge, cultural capital and ways of reading, there were fourteen teachers interviewed from different regions of the city. In addition, a survey was made about the the books chosen by all history teachers in the municipal schools and the result is surprising: despite all the PNLD books being used, the vast majority of teachers chose only one, which is not very highly rated by the program, which demonstrates a disagreement between the evaluators expectations of MEC and the teachers. Trying to understand why this happened, we assume that each reader appropriates the text differently. Therefore, we seek to understand how the selection process of textbooks at each school, what are the criteria of the teachers in their choices, which is the place occupied by the book in class, what problems the teacher faces in using the book and what strategies the teacher builds on the use of this material. The results show that teachers consider PNLD a very important public policy, however, find much difficulty in the use of the books for considering their vocabulary far from the cultural background of their students. Moreover, there isn’t a favorable environment to choose the book in schools, it is always a very busy process, besides the PNLD guide hardly being a tool for their choices.
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Wicker, Tom. "The Right to Know: An Unending Battle." School of Journalism, University of Arizona (Tucson, AZ), 1985. http://hdl.handle.net/10150/583027.
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The John Peter Zenger Award for Freedom of the Press and the People's Right to Know, 1984 / The Right to Know: An Unending Battle by Tom Wicker, Associate Editor, The New York Times / Carefree, Arizona, October 18, 1984
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McKay-Panos, Linda. "The public's right of effective access to information in the environmental assessment process." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ49709.pdf.
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Pande, Suchi. "The right to know, the right to live : grassroots struggle for information and work in India." Thesis, University of Sussex, 2014. http://sro.sussex.ac.uk/id/eprint/47622/.
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This study attempts to develop an understanding of the iterative and multi-scaled process involved in transforming the state from below by examining the relationship between two of the most politicised rights-based legislations in India: the Right to Information Act (RTI) and the Mahatma Gandhi National Rural Employment Guarantee Act (NREGA). Based on one and a half years of ethnographic and interview based research, and five years of working with the RTI campaign, I examine the reciprocal relationship between the rights to information and work, and the multi-scaled activism necessary to instantiate both. First, I trace different phases of the struggle for the right to information, beginning with the creation of alternative public spheres, Jan sunwais (or rural public hearings) that responded to demands for the right to work in rural Rajasthan. Second, as this demand culminated in a broad-based advocacy network, I examine the role of actors from diverse institutional arenas that succeeded in passing the national RTI legislation. I also look at how the same national network of activists introduced the public accountability mechanism of social audits, inspired by the Jan sunwai, into the new right to work law or NREGA. Finally, bringing the process full circle, I look at the ongoing efforts of the MKKS and the Suchna Evum Rozgar Adhikar Abhiyan (The Right to Information and Work Campaign) to implement the right to work on the ground in rural Rajasthan. In contrast to existing studies, I provide a more comprehensive analysis of the interdependent struggle for rights to information and work as one long iterative process to transform the state from below. I conclude with some reflections on the different vision of “transparency” and “accountability” emerging from rural grassroots struggles and what the RTI and NREGA experiences teach us about the possibilities for their realisation.
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McDonald, Susan Elizabeth. "The right to know, women, ethnicity, violence and learning about the law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape3/PQDD_0016/NQ53647.pdf.
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Bishop, Cheryl Ann Packer Cathy Lee. "Internationalizing the right to know conceptualizations of access to information in human rights law /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2009. http://dc.lib.unc.edu/u?/etd,2598.
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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2009.Title from electronic title page (viewed Oct. 5, 2009). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the School of Journalism and Mass Communication." Discipline: Journalism and Mass Communication; Department/School: Journalism and Mass Communication, School of.
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Cuillier, David. "The People’s Right to Know: Comparing Harold L. Cross’ Pre-FOIA World to Post-FOIA Today." ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD, 2016. http://hdl.handle.net/10150/621514.
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Journalists and politicians often disagree over whether the state of freedom of information is better or worse since the passage of the Freedom of Information Act in 1966. This study attempts to provide some historical context by comparing the state of access in 1953 as outlined in detail in The People's Right to Know by Harold L. Cross, the first comprehensive review of case law and statutes in the United States regarding access to public records at local, state and federal agencies. Analysis indicates that the legal right to information, particularly for police records and federal documents, is better today than it was in 1953, but challenges persist regarding compliance, enforcement and the prevalence of exemptions. Recommendations are provided for the next fifty years, including renewal of Cross' urging for a First Amendment right to know.
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Postan, Emily Rose. "Defining ourselves : narrative identity and access to personal biological information." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/25733.
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When biological information about an individual is produced in healthcare or research settings, ethical questions may arise about whether the individual herself should be able to access it. This thesis argues that the individual’s identity-related interests warrant serious attention in framing and addressing these questions. Identity interests are largely neglected in bioethical, policy and legal debates about information access – except where information about genetic parentage is concerned. Even there, the relationship between information and identity, and the interests involved, remain unclear. This thesis seeks to fill this conceptual gap and challenge this exceptionalism. It does so by developing a normative account of the roles that a wide range of information about our health, bodies and biological relationships – ‘personal bioinformation’ – can play in the construction of our self-conceptions. This account is developed in two steps. First, building on existing philosophical theories of narrative self-constitution, this thesis proposes that personal bioinformation has a critical role to play in the construction of identity narratives that remain coherent and support us in navigating our embodied experiences. Secondly, drawing on empirical literature reporting individuals’ attitudes to receiving three categories of personal bioinformation (about donor conception, genetic disease susceptibility, and neuroimaging-based psychiatric diagnoses), the thesis seeks to illustrate, demonstrate the plausibility of, and to refine this theoretically-based proposition. From these foundations, it is argued that we can have strong identity-related interests in whether and how we are able to access bioinformation about ourselves. The practical implications of this conclusion are then explored. It is argued that identity interests are not reducible to other interests (for example, in health protection) commonly weighed in information disclosure decisions. They, therefore, warrant attention in their own right. An ethical framework is developed to guide delivery of this. This framework sets out the ethical responsibilities of those who hold bioinformation about us to respond to our identity interests in information disclosure practices and policies. The framework is informed by indications from the illustrative examples that our interests engaged as much by how bioinformation is communicated as whether it is disclosed. Moreover, these interests are not uniformly engaged by all bioinformation in all circumstances and there is potential for identity detriment as well as benefit. The ethical framework highlights the opportunities for and challenges of responding to identity interests and the scope and limits of potential disclosers’ responsibilities to do so. It also makes recommendations as to the principles and characteristics of identity-supporting disclosure practices.
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Woofter, Jennifer Kay. "OPSEC v. RTK: Media Restrictions in United Nations Peacekeeping." Thesis, Virginia Tech, 2000. http://hdl.handle.net/10919/9740.
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The United Nations currently adopts media policies for peacekeeping missions on an ad-hoc basis, often relying on US or NATO rules. Some have suggested that a standardized media policy for all peacekeeping missions should be the norm. This project examines that proposition with an eye to the tension between the right to know and operational security. Looking at UN intervention in the Gulf War, Somalia, and Rwanda, the problems with such a rigid media policy appear significant. Instead, a dual-level approach is advocated, allowing broad principles of independent coverage as well as in-country negotiations to take place.Master of Arts
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Luca, Claudia. ""Wisdom lies in what we know what it means to be right." L'Antigone di Roy Williams: una proposta di traduzione." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2017. http://amslaurea.unibo.it/12726/.
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Questa tesi si pone l’obiettivo di esplorare la figura di Antigone e il grande dibattito che la concerne da secoli attraverso una proposta di traduzione dell’Antigone di Roy Williams. L’autore, inserito all’interno del black theatre britannico, utilizza nelle sue opere un linguaggio multiculturale legato alle sue origini giamaicane.
Il primo capitolo si concentra sul personaggio di Antigone e sulle grandi tematiche introdotte dall’opera sofoclea, con una particolare attenzione nei confronti degli studi di genere.
Nel secondo capitolo viene introdotto l’autore e presentata la sua produzione attraverso un’analisi del linguaggio utilizzato e dei temi trattati.
Il terzo capitolo è incentrato attorno alla teoria della traduzione per il teatro: si chiariranno quali sono i testi che partecipano al testo teatrale e quanto sia importante il concetto di performability per il traduttore.
Nell'ultimo capitolo si introduce il commento alla traduzione, nel quale vengono illustrate le principali strategie adottate e vengono giustificate le scelte specifiche.
Infine, l’appendice presenta la traduzione integrale dell’Antigone di Williams.
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Socha, Karolina. "”You know homophobia is so 2008, right? Totes passé” : En kvalitativ innehållsanalys av HBTQ-karaktärers representation i ungdomsserier på Netflix." Thesis, Linnéuniversitetet, Institutionen för medier och journalistik (MJ), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-104258.
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A well rounded representation of identities in media has proven essential for the development of peoples identities in general but certainly in the case of young LGBTQ-adults since the media often act as their first source of information and identification. The popular culture found in media today is said to strive for universal appeal and plays an important role for the identities in subordinate groups, as the LGBTQ-community. Earlier studies of the representation of LGBTQ-people in the media has discovered not only a lack of representation but also a miseducated one, revolving around one dimensional stereotypes leading to discrimination, heterosexism, homo- and transphobia. The proven results could be deemed as alarming in general but especially with the undertaking of The Sustainable Development Goal of Reduced Inequalities in mind.With the recognition of the troublesome results of previous investigations of the representation of LGBTQ-identities aswell as the comprehended importance of well rounded LGBTQ-representation, this study aims to conduct a study of the prevailing representation of LGBTQ-characters in one of the most expanded platforms for streaming services online, Netflix. With the assistance of a qualitative content analysis and the perspectives of queer theory and representation theory this study examines four LGBTQ-characters in four seperate series for teenagers on Netflix.The results presented in the completed study show that tendencies according to the earlier critics still remain, but also register potential cases of more modern and well formed LGBTQ-representations. This implies that in a considerable number of instances a representation of the different LGBTQ-identities is defined by restricted stereotypes which leaves them with a restricted character development focused on their LGBTQ-identity. There are also signs of underrepresentation as well as the making invisible of LGBTQ-subgroups and overall upkeep of the heteronorm. In few cases characters can be registered to break free from the former established representations and evolve beyond them, offering a broader complexity and over all more well rounded representation of LGBTQ-identities.
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McNeil, Francis Henry. "How does the machine work? : an examination of the policy implementation process and its application to the Massachusetts right to know law." Thesis, Massachusetts Institute of Technology, 1986. http://hdl.handle.net/1721.1/75976.
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Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning; and, (M.S.)--Massachusetts Institute of Technology, Dept. of Architecture, 1986.MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH
Bibliography: leaves 159-160.
by Francis Henry McNeil, Jr.
M.C.P.
M.S.
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Huser, Catherine Helen Anne. ""We don't know if we have a right to live" : the impact of global protection norms in the micro spaces of armed conflict." Thesis, SOAS, University of London, 2016. http://eprints.soas.ac.uk/23645/.
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Elliott, Anne A. "Rights in Conflict: Freedom of Information versus the Family Education Rights and Privacy Act." Ohio University Honors Tutorial College / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1341505659.
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Jakobsson, Emma. "How can we know anything in questions of morality? : A Critical Assessment of Rainer Forst’s Theory of Justification." Thesis, Uppsala universitet, Teologiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-351659.
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When discussing any question in which a human being has a moral claim or a moral choice to make we need to address the justification of those claims and actions. Hence one can ask the question whether we can discuss a justification of moral judgments without having any specific knowledge about any corresponding fact or if it is possible to justify a moral judgment without having that kind of knowledge. This thesis has critically assessed Rainer Forst’s justification theory in relation to moral epistemology, aiming at clarifying his position on the matter. The study shows that Forst’s position is one of a cognitivist nature with a form of rational constructivism. The thesis suggests an alternative approach to Forst’s justification theory. Forst should take on an empiricist explanation when it comes to justifying moral judgements and therefore an epistemology that is not rationalism. Therefore, I suggest a form of realism when it comes to the discussion of his ontology.
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Osmo, Carla. "Direito à verdade: origens da conceituação e suas condições teóricas de possibilidade com base em reflexões de Hannah Arendt." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-11022015-144455/.
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O direito à verdade frente a graves violações de direitos humanos foi criado recentemente e tem um significado jurídico que permanece incerto em diversos aspectos relevantes. As divergências em torno do seu conceito, que ainda está em formação, geram problemas práticos quando se busca tornar esse direito efetivo. A tese analisa a questão que está na base do debate jurídico-dogmático sobre esse direito, a saber, o significado que o termo verdade adquire ao se tornar o seu objeto. É feita uma investigação sobre a forma como este tema é abordado pelos estudos sobre justiça de transição e sobre como se deu a emergência e o desenvolvimento do direito à verdade no direito internacional dos direitos humanos, nas esferas universal e interamericana. O objetivo é, depois, buscar compreender o que, de um ponto de vista teórico, fez com que surgisse na história e no pensamento político-jurídico a necessidade de sua criação e passou a alimentar o esforço para a sua conceituação. Essa análise aponta que a verdade almejada com o direito em estudo tem outras dimensões para além da busca de informações desconhecidas sobre casos individuais de violações a direitos humanos. Como o tema da verdade, sabidamente, é de enorme extensão no campo filosófico, o presente trabalho faz uso de temas de reflexão de Hannah Arendt, que para essa temática tem tido grande repercussão inclusive em sede doutrinária, com o fim de, por meio de um desenvolvimento extensivo, examinar as diferentes dimensões do problema.The right to the truth concerning gross human rights violations was created recently, and has a legal meaning that remains uncertain in many relevant aspects. The disagreements about its concept, which is still in development, cause practical problems when one tries to make this right effective. The thesis analyses the issue that underlies the legal-dogmatic debate about this right, i.e., the meaning of the term truth when it becomes its object. An investigation is undertaken on how this theme is addressed by studies on transitional justice and also on the emergence and development of the right to the truth in international human rights law, in the universal and in the inter-American systems. The goal is then to try to understand what, from a theoretical point of view, led to the emergence in history and political-legal thought of the need for its creation, and began to feed the effort to its conceptualization. This analysis indicates that the truth sought with the right examined here has dimensions other than the search for unknown information about individual cases of human rights violations. The theme of truth being, as known, a subject of enormous extension in the philosophical field, the present study makes use of topics of reflection by Hannah Arendt, which have had a great repercussion on this subject even in legal dogmatic thought, in order to examine, through an extensive development, the different dimensions of the problem. By doing so, it is intended to shed light on the way the conceptualization of the right to the truth is being consolidated and on the difficulties it faces.
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Moustapha, Muriel. "Savoir-faire traditionnels et biodiversité." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10019.
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Les savoir-faire traditionnels ont été pendant longtemps considérés comme ayant peu d'intérêt. Leur reconnaissance internationale s'est faite à la conférence de Rio de 1992 à travers la convention sur la diversité biologique. Cette reconnaissance et la signature de l'accord sur la propriété intellectuelle de 1994 (ADPIC) ont entraîné de la part des pays du Sud (principalement) des questions auxquelles le droit et, plus particulièrement le droit de la propriété intellectuelle (DPI) ont du mal à répondre. La principale étant quel type de protection juridique apporter aux savoir-faire traditionnels et plus particulièrement à ceux liés à la biodiversité. Le DPI a non seulement du mal à cerner quels sont les droits et avantages à accorder aux détenteurs de ces savoirs, mais aussi et surtout, à cerner cette notion de savoir-faire traditionnel. Il a d'autant plus de mal à répondre aux questions soulevées par cette notion, que les débats juridiques sont le plus souvent dirigés par des intérêts économiques et politiques où s'affrontent deux conceptions très différentes de la protection juridique des savoir-faire traditionnels. Celle des Etats du Nord qui ont une conception privative du dpi, dont le but est de maîtriser ''l'utilisation scientifique et commerciale des savoirs traditionnels'' et celle des Etats du Sud qui ont une vision collective, communautaire de la protection de leurs savoirs dans le but de ''protéger l'intégrité des savoirs traditionnels''. La principale réponse apportée jusqu'à présent sur le plan international est le brevet, celui-ci semble, pourtant, peu adapté à ces savoir collectifs et ancestraux. En fait, derrière cette notion de savoir-faire traditionnel, se profile une question essentielle, celle de l'accès aux ressources génétiques et aux savoir-faire traditionnels. Ce travail a pour but d'explorer de nouvelles alternatives à la propriété intellectuelleThe traditional know-how were considered for a long time as having not much interest. Their international recognition was made at the Rio Conference of 1992, through the Convention on Biological Diversity. This recognition and the signing of the Agreement on the Aspects of Trade-Related Intellectual Property Rights of 1994 (TRIPS) have led the countries of the South mainly, to raise questions to which the law and, more particularly the law of the intellectual property (DPI) are struggling to answer. The main question is to know the nature of the legal protection given to traditional know-how and more particularly to those related to biodiversity. The DIP not only has difficulty in identifying the nature of the rights and benefits to be granted to the holders of this knowledge, but above all, in identifying this notion of traditional know-how. The DIP struggle to address the issues as legal débats are generally lead by political and economical interests where two very different conceptions of the legal protection of traditional know-how confront each other. The one of northern states that have a private and utilitarian conception. That of northern states that have a private and utilitarian conception. The aim is, with DPI, to control the scientific and commercial use of know-how. The one of southern states that have a collective or even community vision of the protection of their knowledge in order to protect the integrity - spiritual, cultural and social - of traditional knowledge. The main international answer today is the certificate. However, this one doesn’t fit well these traditional collective and ancestral know-how. In fact, behind this notion of traditional know-how, there is a key issue, that of access to genetic resources and traditional know-how. The ambition assigned to this thesis (PhD) is to explore new alternatives to intellectual property, in order to find a regime appropriate legal framework for traditional know-how
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Galusky, Wyatt. "Virtually Uninhabitable: A Critical Analysis of Digital Environmental Anti-Toxics Activism." Diss., Virginia Tech, 2004. http://hdl.handle.net/10919/28117.
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In this dissertation, I analyze online environmental anti-toxics activism. Environmental activist groups have created a presence on the World Wide Web to help empower people to become aware of and struggle against pollution. The sites that I explore (http://www.epa.gov/tri/, http://www.epa.gov/enviro/wme/, http://www.rtknet.org/, and http://www.scorecard.org/) serve as devices of this empowerment and by extension recruit people to the political goals of anti-toxics activism.
In my analysis, I focus on a series of questions germane to this context. How can/does this movement go online and utilize that presence to sway others to their cause and ideology? How then is that cause represented digitally, in the online medium? What are the reciprocal impacts of that representation on the movement itself? Most importantly, what form of activist identity is being promoted through the mediation of the online interface? That is, how are the identity of the self as activist and the related understanding of space and place altered through their translation into a digital environment? What are the parameters and limitations of digitally mediated, informed empowerment?
I undertake to critique empowerment as found through the digital translation of environmental anti-toxics activism into the virtual space of the Web. I show that particular uses of this Internet application invent (reinvent/reinforce) versions of environmental anti-toxics activism, digitized versions which must be understood in terms of their wider assumptions and implications. I break the study into three main parts. The first part lays theoretical groundwork for studying Web-based entities. The second part deals with more particular foundational elements for digital environmental anti-toxics activism, especially in terms of information. In the final section, I analyze and critique the forms of digital identity and empowerment that the websites create. I conclude that digital empowerment, defined primarily through access to expert information, actually represents an impoverished version of empowerment which may do little to aid real-world toxic struggles.Ph. D.
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Scott, Katherine Anne. "Reining in the State: Civil Society, Congress, and the Movement to Democratize the National Security State, 1970-1978." Diss., Temple University Libraries, 2009. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/38730.
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HistoryPh.D.
This dissertation explores the battle to democratize the national security state, 1970-1978. It examines the neo-progressive movement to institutionalize a new domestic policy regime, in an attempt to force government transparency, protect individual privacy from state intrusion, and create new judicial and legislative checks on domestic security operations. It proceeds chronologically, first outlining the state's overwhelming response to the domestic unrest of the 1960s. During this period, the Department of Justice developed new capacities to better predict urban unrest, growing a computerized databank that contained millions of dossiers on dissenting Americans and the Department of Defense greatly expanded existing capacities, applying cold war counterinsurgency and counterintelligence techniques developed abroad to the problems of protests and riots at home. The remainder of the dissertation examines how the state's secret response to unrest and disorder became public in the early 1970s. It traces the development of a loose coalition of reformers who challenged domestic security policy and coordinated legislative and litigative strategies to check executive power.
Temple University--Theses
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黃嘉慧. "從協調隱私權與知情權的角度探討澳門政府信息公開制度的構建 = From the perspective of coordinating the right of privacy and the right to know to explore the construction of the government information disclosure system in Macao." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953467.
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Mineikaitė, Aurelija. "Vaiko teisių apsauga Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos 8 straipsnio plotmėje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130205_085829-57151.
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1950 m. Europos Tarybos Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijoje įtvirtintas rinkinys teisių ir laisvių (teisė į gyvybę, kankinimų draudimas, teisė į teisingą teismą, teisė į privataus ir šeimos gyvenimo gerbimą ir kt.), taikomų kiekvienam, esančiam valstybės, ratifikavusios šią Konvenciją, jurisdikcijoje. Tačiau čia nėra išskiriamos vaikų, kaip specifinės socialinės grupės, reikalingos didesnės apsaugos, teisės. Visgi remiantis tuo, kad EŽTK įtvirtintos teisės taikomos „kiekvienam“, teigtina, kad jos taikomos ir vaikams.
Šiame darbe autorė siekia atskleisti, kokios teisės yra užtikrinamos vaikams EŽTK 8 straipsnio plotmėje, taip pat tam tikrus, iš šių teisių kylančius, probleminius aspektus. Siekiant šio tikslo, ypač didelis dėmesys skiriamas EŽTT jurisprudencijai, kadangi remiantis šio Teismo praktika ne tik nustatomas tam tikrų teisių turinys ir jo kaita, bet ir atskleidžiama vaiko teisių apsaugai aktuali problematika.
Pirmoje šio darbo dalyje bandoma apibrėžti, kas apskritai yra vaikystė, kodėl teisiškai svarbu nustatyti tiek aukštutinę, tiek žemutinę vaiko amžiaus ribas bei koks yra vaiko teisinis statusas. Nagrinėjama įvairi mokslinė literatūra bei įvairūs tarptautiniai ir nacionaliniai teisės aktai atskleidė, kad daugiausia problemų kyla nustatant žemutinę vaiko amžiaus ribą, kadangi šis klausimas tiesiogiai susijęs su abortų reguliavimu. Pagal kai kurių valstybių, tame tarpe ir Lietuvos, teisinį reguliavimą, matyti, kad neretai civilinėje teisėje... [toliau žr. visą tekstą]The 1950's Convention of European Council on Human Rights and Fundamental Freedoms establishes a set of rights and fundamental freedoms (the right to life, prohibition of torture, the right to a fair trial, the right to respect for private and family life etc.) applicable to everyone within the jurisdiction of the state that ratified the Convention. Children are a very specific social group, which needs greater protection. However their rights are not distinguished in the Convention. On the basis that the rights enshrined in the ECHR are applicable to „everyone“, it may be maintained that those rights can be applicable to children as well. The author of this work aims to reveal the rights that are guaranteed for children in the context of the article 8 of the ECHR. To this end, particular attention is paid to the jurisprudence of the ECtHR. According to the case law of this Court, it can not only be determined the contents and evolution of specific rights, but also relevant problematic issues for the protection of the rights of a child can be revealed. In the first part of this work the author attempts to define a childhood, to identify both the upper and lower limits of the child's age and the child's legal status. By examining different scientific literature and various international and national legislations it was revealed that most of the problems arise in determining the lower limit of the age of a child, since this issue is directly related to the regulation of... [to full text]
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Shepherd, Jacqueline. ""Hopefully if I like get the right support at college, I'll be able to like find my way and all that if you know what I mean?" : experiences of transition from special school to mainstream college for young people with autism." Thesis, University of Sussex, 2016. http://sro.sussex.ac.uk/id/eprint/61439/.
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This thesis investigates the transition of young people with autism moving from a small, protected and personalised special school environment to a large, busy mainstream college of further education in England. Whilst potentially unsettling for any young person, this transition can be particularly challenging for young people with autism given a desire for predictability and difficulty in adapting to change. This longitudinal research focused on the experience of transition from the point of view of the young people and their parents, and it contributes to the somewhat limited research on post-16 transitions for young people with autism and learning difficulties. Six young people were at the heart of my research but their parents, teachers, lecturers and careers advisers were also interviewed. A key aim of the research was to develop methods to engage and support the young people in an interview process, without influencing their responses too much or restricting their contributions. With this in mind, ‘interrupted interviews' were developed that involved both the use of collage and card sort applications on a tablet, and walking interviews around the college environment. These methods helped to personalise the interview process, to hear the individual student voices and to facilitate communication about the concerns and experiences of the participants. The research findings demonstrate that young people with autism have aspirations, interests and concerns as they progress towards adulthood; that they both seek and enjoy social interaction and that young people and parents need support during and after transition. The tensions between independence and vulnerability are explored as well as the notion of interdependence. While some of the young people in this research made reasonably smooth transitions to college, there were difficulties and challenges, and these lay almost entirely within the area of social interaction. In order for young people with autism and learning difficulties to progress both academically and socially, there needs to be a greater understanding of autism within the whole college community and proper attention given to personalising the transition process to ensure that these young learners can realise their capabilities.
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Hahn, de Bykhovetz Bérénice. "Les faits justificatifs de la diffamation." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020045.
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Les faits justificatifs de la diffamation témoignent de la difficile conciliation entre le droit à la protection de l’honneur et le droit à l’information. Le domaine de l’exception de vérité (art. 35 de la loi du 29 juillet 1881), délimité par trois exceptions en 1944, fut rapidement critiqué, en ce qu’il ne permettait pas la justification des imputations les plus utiles à la société. En outre, la sévérité des conditions de fond et de forme de la preuve de la vérité fit le plus souvent obstacle à la relaxe. En réaction, la jurisprudence créa le fait justificatif de la bonne foi, fondé sur quatre critères accessibles (but légitime, sérieux de l’enquête, prudence et mesure dans l’expression, défaut d’animosité personnelle et favorisant un droit du public à l’information de qualité. À la fin du XXème siècle, ce système fut profondément mis en cause, comme étant contraire à la jurisprudence de la CEDH relative à l’article 10 CESDH, laquelle impose une protection accrue des propos d’intérêt général ou politiques. En conséquence, le Conseil constitutionnel supprima deux des trois limites à l’exception de vérité, qui n’est plus interdite que dans domaine de la vie privée. Ce nouvel arbitrage entre les deux valeurs en conflit n’apparaît pas satisfaisant, d’autant que la preuve de la vérité est toujours entravée par des conditions drastiques. En 2008, la Cour de cassation intégra de manière radicale les critères strasbourgeois à sa jurisprudence sur la bonne foi. Elle se dirige aujourd’hui vers une formule plus équilibrée, fondée sur l’application proportionnelle des quatre critères traditionnels corrigés à la lumière des principes de la CEDH. Cependant, elle applique également les critères strasbourgeois à d’autres infractions attentatoires à la liberté d’expression, qui ne bénéficient pas de la structure d’accueil des faits justificatifs de la diffamation. Pour ces cas, au lieu de l’adoption du contrôle de proportionnalité envisagée, la création d’un fait justificatif générique fondé sur l’article 10 de la CESDH est proposée, plus respectueuse de la logique pénaleThe special justifications applicable to defamation bare witness to the difficult conciliation between the right to protect ones honor and the public’s right to information. The area of the defence of truth (art. 35 of the 29 July 1881), delineated by three exceptions in 1944, was rapidly critiqued, preventing the justification of some of the most socially useful imputations. Furthermore, the defence of truth was subjected to highly rigourous formal and substantial requirements that often prevented ones acquittal on the basis of that demonstration. In reaction, the case-law created another special justification for defamation, based on good faith, and founded on four accessible criterias (legitimate aim of the information, serious verification, moderation of tone and caution in the choice of words, lack of personal animosity) that favorise the public’s right to quality information. At the end of the 20th century, this system was profoundly questioned, as being against the case-law of the CEDH, that requires a stronger protection of freedom of speech (article 10 CESDH) in connexion with debates of general interest or political discussions. Consequently, the Constitutional council repealed two of the three limits within the defence of truth, which is now only forbidden in the area of ones private life. This new arbitration between the two conflicting values doesn’t seem satisfying, especially since the defence of truth is still impeded by drastic conditions. In 2008, the Court of cassation integrated in a radical manner the CEDH criterias to its case-law on good faith. The case-law today steers towards a more balanced formula, founded on a proportional application of the four traditional criterias corrected in the light of the principes of the CEDH. However, the Court of cassation equally applies the CEDH criterias to other detrimental offences towards the freedom of expression, that do not benefit from the structural support of the special justifications of defamation. For those offences, instead of adopting the envisioned control of proportionality, it is proposed to create a generic justification, founded on the article 10 of the CESDH, that would be more consistent with the logic of criminal law
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Tapscott, Elizabeth L. "Propaganda and persuasion in the early Scottish Reformation, c.1527-1557." Thesis, University of St Andrews, 2013. http://hdl.handle.net/10023/4115.
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The decades before the Scottish Reformation Parliament of 1560 witnessed the unprecedented use of a range of different media to disseminate the Protestant message and to shape beliefs and attitudes. By placing these works within their historical context, this thesis explores the ways in which various media – academic discourse, courtly entertainments, printed poetry, public performances, preaching and pedagogical tools – were employed by evangelical and Protestant reformers to persuade and/or educate different audiences within sixteenth-century Scottish society. The thematic approach examines not only how the reformist message was packaged, but how the movement itself and its persuasive agenda developed, revealing the ways in which it appealed to ever broader circles of Scottish society. In their efforts to bring about religious change, the reformers capitalised on a number of traditional media, while using different media to address different audiences. Hoping to initiate reform from within Church institutions, the reformers first addressed their appeals to the kingdom's educated elite. When their attempts at reasoned academic discourse met with resistance, they turned their attention to the monarch, James V, and the royal court. Reformers within the court utilised courtly entertainments intended to amuse the royal circle and to influence the young king to oversee the reformation of religion within his realm. When, following James's untimely death in 1542, the throne passed to his infant daughter, the reformers took advantage of the period of uncertainty that accompanied the minority. Through the relatively new technology of print, David Lindsay's poetry and English propaganda presented the reformist message to audiences beyond the kingdom's elite. Lindsay and other reformers also exploited the oral media of religious theatre in public spaces, while preaching was one of the most theologically significant, though under-researched, means of disseminating the reformist message. In addition to works intended to convert, the reformers also recognised the need for literature to edify the already converted. To this end, they produced pedagogical tools for use in individual and group devotions. Through the examination of these various media of persuasion, this study contributes to our understanding of the means by which reformed ideas were disseminated in Scotland, as well as the development of the reformist movement before 1560.
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Wright, Philip. "A CLASH OF TWO IMPERATIVES:THE RIGHT TO KNOW VERSUS THE NEED TO KEEP SECRET IN THE CONTEXT OF CRIMINAL LAW AND NATIONAL SECURITY MATTERS." Thesis, 2012. http://hdl.handle.net/1974/7120.
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More than ever before, two imperatives, ‘the right to know’ and ‘the need to keep secret’, find themselves in a contest for a position of primacy in the contemporary legal system. The need to keep secret is antipathetic to the right to know. The Canadian Charter of Human Rights and Freedoms has entrenched a person’s right to disclosure of both exculpatory and inculpatory material in possession of the prosecution. Moreover, the common law has placed the additional responsibility on the prosecution to inquire of third parties as to the existence and production of material relevant to the defence. Despite the entrenchment of the right to disclosure the demands by the state have steadily grown for more evidence to be withheld from defendants, parties to proceedings and the public in general. The applications for in camera or ex parte hearings are common place and frequently acceded to.
This thesis seeks to examine the clash of the two imperatives from the Canadian perspective. By using a comparative analysis of other jurisdictions throughout the thesis, it examines the various legislative instruments and common law employed in the Canadian Courts in respect of ‘ordinary’ criminal trials as well as trials of suspected terrorists, specifically, in respect of disclosure and the ability to withhold material from other parties and refrain from the obligation to disclose. The thesis includes a full analysis of disclosure options, public interest immunity, informer privilege, special advocates and other regimes, and claims of privilege in the interests of national security.
The thesis provides a number of detailed recommendations as to how Canada can better balance rights of accused against the public interest and the needs of those who enforce the law.. The recommendations call for legal reforms, some new institutions for better accountability and new internal standards for those engaged in the investigation of crimes and national security matters.Thesis (Ph.D, Law) -- Queen's University, 2012-04-25 15:01:59.292
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Motta, Bernardo H. "The Right to Know and the Fight Against Toxic Environments: The Emergency Planning and Community Right-To-Know Act Of 1986." 2009. http://trace.tennessee.edu/utk_graddiss/626.
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This dissertation investigates the historical development of the right-to-know concept in the Emergency Planning and Community Right-to-know Act (EPCRA) of 1986. It starts with the use of words during the American Revolution, words capacious or general enough to later include the modern right-to-know idea. It also traces the real emergence of the right-to-know concept during the Cold War years of the 1950s and 1960s, including the enactment of the Freedom of Information Act (FOIA) in 1966. Some of the limitations of the FOIA are discussed here, limited as it was and is by nine broad "exemptions" to the release of information by the federal Executive Branch. This study deals with an important legislative response to environmental disasters and near-disasters, with the aid of the Anti-Toxic and Environmental Justice movements of the late 20th century and ending with the enactment of EPCRA in 1986 and its effects in subsequent decades. This historical account also provides a brief analysis on how the legislation based on the right-to-know principle opened opportunities for the field of communication, especially environmental risk communication. EPCRA was the first federal law in the United States to fully embrace the right-to-know approach to public policy, also known as regulation through revelation. The right-to-know approach is based on the ideas of self-governance and public participation in the decision-making process. EPCRA has served as a model for more than 80 countries, which adopted laws based on the right-to-know principle in different levels since EPCRA‘s enactment.
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Motta, Bernardo Heisler. "The right to know and the fight against toxic environments the Emergency Planning and Community Right-to-know Act of 1986 /." 2009. http://trace.tennessee.edu/utk_graddiss/626.
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Pillay, Pregala. "Information privacy rights of the individual versus the public's right to freedom of information." Thesis, 1995. http://hdl.handle.net/10413/5072.
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LIN, HSUEH-MEI, and 林雪美. "A STUDY ON THE INSTITUTION OF COMMUNITY RIGHT-TO-KNOW IN TAIWAN－AN EXAMPLE OF PRTR RIGHT-TO-KNOW IN TAIWAN－AN EXAMPLE OF PRTR." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/08420803829731325048.
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碩士國立臺北大學
資源管理研究所碩士在職專班
91
Lack of efficient management for toxic and hazardous substances has resulted in lots of environmental incidents in Taiwan during last decades. Consequently, the threat from the toxic and hazardous wastes are pervading almost everywhere around the island. Such situation not just contaminates our environment, but also harms the health of Taiwanese. When we are anxious to know what kind of the toxic substances had been produced around our surroundings, there is already an effective law in the U.S. in place, namely “Community Right-to-Know Act” to protect all Americans from the threat of toxic and hazardous substances. In recent years, such mechanism had been adopted and promoted by U.N. and OECD to other nations. The Pollutant Release and Transfer Registers (PRTR) system- a management inventory system for monitoring the manufacturing, transport, usages, discharge and disposal of all regulated substances of companies, is proposed by OECD. The most important and unique feature of this system is that all the inventory information of regulated substances is open to the general public. It is found that such public-monitoring system proves to be a positive and useful tool for the community. The main purpose of this study is to investigate the feasibility of implementing Community Right-to-Know in Taiwan. In addition to the extended literature review for analyzing the existing implementation patterns and experiences of PRTRs in OECD countries, an in-depth interview was carried out for collecting different opinions from various stakeholders, including central and local officials, industrial representatives, environmental professionals, academic scholars, environmental groups leaders, and community residents. The results showed that the majority of stakeholders were favorable to the PRTR system to be installed in Taiwan. Finally, Some concrete suggestions for the future implementation were also proposed.
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Park, Matthew Aragorn. "The public trust doctrine : ensuring the public's natural right of (perpetual) access to common resources." Thesis, 2007. http://hdl.handle.net/1828/2344.
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In the 2004 Supreme Court of Canada case of British Columbia v. Canadian Forest Products Ltd. Justice Binnie spoke of "public rights in the environment that reside in the Crown." He then canvassed the public trust doctrine, a well developed concept in the United States, even though none of the parties argued as such. I argue that this signals a shift in Canada towards recognizing the public's right of access to common resources. A new reading of John Locke's natural law theories provides the theoretical basis for limiting property rights, for the common good. I argue the public trust doctrine, a forgotten aspect of the common law, is a fiduciary duty that the state to maintain the right of perpetual access to common resources. Understanding its historical foundations the public trust doctrine has the potential, if articulated from an ecological perspective, to provide for state supervised sustainability for future generations.
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O'Grady, Mary. "The right to know and the right not to tell: the ethics of disclosure of HIV status." Thesis, 2010. http://hdl.handle.net/10539/7995.
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MSc (Med), Bioethics and Health Law, Steve Biko Centre for Bioethics, Faculty of Health Sciences, University of the Witwatersrand, 2009Disclosure of HIV status has been considered an important public health issue for some 20 years. Yet the ethical issues surrounding the disclosure of positive HIV status have not been examined comprehensively. This report examines the ethics behind the disclosure of HIV-positive status primarily or individuals to their sex partners, and for health care practitioners to a patient’s sex partner when the patient is unwilling to disclose. Relevant rights and ethical principles are analysed, including the rights to: self-preservation; privacy and confidentiality; and the bioethical principles of respect for autonomy, beneficence, non-maleficence, and justice. Historic and contemporary individual rights that people living with HIV (PLHIV) have regarding disclosure are emphasised, especially in adverse circumstances, where ethics can support non-disclosure based on the right to selfpreservation. Rights declarations and current disclosure guidelines for health care practitioners from several international and South Africa medical organisations also are reviewed. Of key importance to disclosure decisions are the specific situations of individuals in climates rife with stigma toward, and discrimination against, PLHIV, existing more or less worldwide. The potential negative impacts of disclosure are the basis for disclosure decisions of PLHIV. Research study results show that the negative impacts of disclosure can be severe for individuals, ranging from divorce or abandonment to community ostracism and even to murder. Relevant current theories of social justice related to HIV disclosure also are discussed. A conclusion is reached that, by decreasing stigma and discrimination against PLHIV and protecting individual rights related to HIV disclosure, prevention behaviours will be practised more widely, including ‘positive prevention’ by PLHIV and higher rates of disclosure. The eventual result will be the longterm public health goal of decreased spread of HIV.
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Krein, Heather. "Information about peers what adolescents think parents have the right to know /." 2004. http://catalog.hathitrust.org/api/volumes/oclc/54484858.html.
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Thesis (M.S.)--University of Wisconsin--Madison, 2004.Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 30-33).
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Huang, Hsuan-Peng, and 黃瑄芃. "Consumer’s Right to Know & Judicial Review Standards of Food Commercial Speech." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/s8ttn6.
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碩士國立交通大學
科技法律研究所
106
Due to the recent food safety incidents, the notion of “right to know” is highly valued. Consumers demand product transparency is on the rise; hence the freedom of speech in the food industry is also subject to more restrictions. However, the question is whether the restriction of commercial speech will truly protect consumers’ right to know? According to the Judicial Yuan Interpretation No. 414 and No. 577, it can be seen that there is an inseparable relationship between commercial speech and “right to know”. Compared with the practice in Taiwan where only adopted intermediate scrutiny for commercial speech, the U.S. Courts applied different standards of judicial review for each commercial speech case; nevertheless, in recent years, the interpretation of No. 744 seems to re-examine its previous opinions that considered commercial speech a low-value speech. Therefore, it can be seen that the standard of judicial review for commercial speech may still depend on the case. In addition to discussing the relationship between commercial speech and consumer rights, this thesis provides an empirical study on the topic of “prohibits advertising and promotion of infant formula” based on the judicial practices and theory in the U.S. and Taiwan. From the empirical study’s results, when the freedom of commercial speech is excessively restricted, the rights to know will also be deprived. In conclusion, the key factor affecting the standards of judicial review is the protection on consumer's right to know.
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Ho, Hsin-Hsing, and 何新興. "The Right to Know and the Legalization of the Government Information Retrieval System." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/68394618447925073712.
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Bishop, Cheryl Ann. "Internationalizing the right to know conceptualizations of access to information in human rights law /." 2009. http://dc.lib.unc.edu/u?/etd,2598.
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Kang, Feng-Ming, and 康峯銘. "Freedom of the Press•Right to Know And Openness of Information－a Viewpoint From News Media." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/732274.
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碩士國立高雄大學
法律學系碩士班
96
Constitution exists for the purpose of maintaining the identity of humans. No doubt, the application of information will upgrade the humans’ quality of lives. However, it not only brought the convenience for humans, but also brought a lot of problems related to the law through the development of information technology. Therefore, it must to discuss from the new issue about information. To analysis the contents of information, it can be divided into the public domain and the private domain. In principle, information in public domain should be disclosure in order to let citizens to monitor and participate with public affairs. Private domain should be protected. However, informations in public domain owned by the government are also mixed with some private information. Should this section belong to the “benefits of the public” and can be given way as long as we ask for privacy in private domain? Or if there are public figures involved in the private domain, can we shrink the privacy of information? Or it is a need to discriminate between the public and the public-figures. Or can we judge the domain of protecting the privacy by simply according to the “issues of involving public”? In fact, the base of openness of information (usually mentioned about government information) legislation are based on the “right to know” to satisfy the public. As a consequence, it is a correct direction to find out the related problems in openness of information. What’s more, it is a practical approach to pursue openness of information and the range of protection. As for the “freedom of the press” and “right to know”, they are indispensable. The public gets information relayed on the spread of news media through the flow of information. That is the “freedom of the press” to satisfy and practice the “right to know” which has the protection of system and instrument. Therefore, it needs to explain the “freedom of the press”. Therefore, the goal of this essay is to discuss the freedom of the press, right to know, and legislation of openness of information. The first, it introduces the reference of the base of law and its concrete contents. Secondly, it then discusses and analyses the relevance of the right to know. What’s more, it also explains the important relationship ranged under the concept of freedom of the press, and differentiates the various and protection ranged under news media and the public. After clarifying the issues as mentioned above, we can apply this concept in openness of information and the protection for discussion in order to illustrate the clear picture of the current law system abided by the current government. And we can clarify the conflicts resulted form openness of information and protection and try to bring up some suggestions for some revisions to the law. The goal for this essay is to find the appropriate solutions to solve the plight of obtaining information and the spread for the journalist to cover the materials based on the “right to know” owned by the public.
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WANG, PIN-YI, and 王品懿. "The Protection of Customer Right to Know in Insurance Purchasing-A Case Study of Fire Insurance." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/p3j97a.
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Ashford, Nicholas. "Justice in the Global Work Life: The Right to Know, to Participate, and to Benefit in Sustainable Industrial Transformations." 2002. http://hdl.handle.net/1721.1/1589.
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HSU, YUN-JEN, and 許勻甄. "The Practice of Child’s Right to Know One’s Origins in Family Law-Focus on Legitimation after Child’s/Father’s Death." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/4j4975.
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碩士國立臺北大學
法律學系法律專業組
105
2004, J.Y. Interpretations No.587 invoked the article 7 Ι of the United Nations Convention on the Rights of the Child, to acknowledge that child’s right to know one’s origins shall be protected by the articles 22 of the Constitution. In our country, the child’s right to know one’s origins hasn’t received much attention until J.Y. Interpretations No.587 was rendered, while it has been discussed for a long time in other countries. According to the J.Y. Interpretations No.587, the family law was amended in 2007. The new family law not only gave child the right to bring an action in disavowal of paternity, but also acknowledged that legitimation can be done after father’s Death. However, because of the proviso of the article 1069 of the Civil Law, the child who is legitimized after father’s death may not inherit from his/her father. It is questionable whether this result is intentionally created by the legislator or just an omission. If there is a legislative omission, how should we amend it in the future? That is what this thesis really cares about and wants to deal with. In addition, the right to know one’s origins can also be implemented by giving child the right to request information. However, except for adopted child, in our country, we haven’t acknowledged the right for a child to request father/mother’s information without changing parent-child relationship. The importance of this kind of right is also one of the points this thesis wants to discuss. Therefore, by collecting and analyzing the information of Japan, Germany, Switzerland and European court of human rights, this thesis tries to give some suggestion for legislator to make some amendment to family law, in order to protect child's right to know one’s origins definitely.
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Crandall, Stacy M. Taylor Wendell C. Fu Yun-Xin. "An evaluation of the Texas "A Woman's Right to Know" booklet : a state mandated patient education document for induced abortion." 2008. http://proquest.umi.com.www5.sph.uth.tmc.edu:2048/pqdweb?did=1574154061&sid=1&Fmt=2&clientId=92&RQT=309&VName=PQD.
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Thesis (M.P.H.)--University of Texas Health Science Center at Houston, School of Public Health, 2008.Source: Masters Abstracts International, Volume: 47-01, page: . Adviser: Wendell C. Taylor. Includes bibliographical references.
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Yang, Shu-Ting, and 楊舒婷. "A Study of Consumer Right to Know under the WTO rules－Centralizing on the Country of Origin Labeling of the U.S." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/z7myxe.
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碩士中原大學
財經法律研究所
102
In 2009, the United States began to perform the mandatory Country of Origin Labeling measures (COOL) in order to provide consumers with accurate and sufficient information for the purpose of country of origin and impose the duty of disclosure on the retailers and suppliers. In response, Canada and Mexico accused the United States of imposing unfair and discriminatory trade restrictions, resulting in unnecessary costs and detrimental economic impacts on their respective markets in a case before the WTO Dispute Settlement Body. The author of this paper opens by examining the complaint charged by Canada and Mexico, and discusses whether the COOL Act conforms to WTO Agreements, and analyzes based on the Agreement on Technical Barriers to Trade and Agreement on the Application of Sanitary and Phytosanitary Measures. After the outbreaks of colon bacillus in California spinach, salmonella in American peanut butter, and melamine in dairy products from China, consumers are increasingly demanding respect of their right to know. Consumers consider that before they decide to buy food or products, they should have the right to know the ingredients, elements, and country of origin of the products or food, and this is the reason that the Country of Origin Labeling has been implemented by the United States. However, while consumers seek the "right to know", the new labeling laws will gradually come into conflict with international trade regulations and domestic markets. Under general circumstances, countries hoping to create prosperous and robust economies must inevitably submit to the international trade. Nevertheless, when there is a non-economic issue, such as a consumers’ right to know, is it necessary to exclude this non-economic benefit or not? Therefore, in order to resolve the differences between consumers’ rights and free trade, the author discusses the legality of the "Consumer’s Right to Know" on the nature of law and policy and whether this issue could become an independent reason under the WTO rules. On the other hand, modern economic activity is increasingly volatile and we are unable to expect that consumers could make the right judgments and choices instantly. As consumers are in a weak position because they have asymmetric information compared to the marketers, so the government must impose the obligations of product information on marketers to ensure that consumers can get the accurate and adequate information, and to achieve the purpose of protecting the consumers’ rights. Labeling, is not just a type of consumer information, but also an important part to show the "Consumer’s Right to Know". Although the labeling policies under our legal system are scattered in various regulations or labeling standards and are not standardized, they have some influence on legal compliance and security concerns. Therefore, the author studied the status of the relevant labeling policies and analyzed their legality under the WTO rules, based on the labeling regulations of the specific products and the restrictive measures on imported beef in Taiwan. Further, the author provided examples of labeling schemes from the Canadian and Australian markets in order to show how the conflict between economic interests and consumers’ rights could possibly be reconciled with the COOL Act in the United States.
48
Jiwa, Azim. "National security, security certificates, the special advocate regime and secret evidence: the right to know and respond to the evidence against you." 2014. http://hdl.handle.net/1993/23147.
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This thesis examines the use of information that is confidential, for reasons of
national security, against detainees held under the security certificate provisions of the Immigration and Refugee Protection Act, SC 2001, c 27 (IRPA), without disclosure to the detainee or the detainee’s counsel. The striking down of the predecessor legislation by the Supreme Court of Canada and Parliament’s response are reviewed, as is pertinent literature in the area. Parliament’s creation of a regime providing for the appointment of a Special Advocate to receive confidential information and represent the interests of an individual
detained under a security certificate at hearings where the detained individual and their counsel are excluded is considered. The Special Advocate regime is analyzed to
determine its adequacy in protecting the section 7 rights of a detainee under the Canadian
Charter of Rights and Freedoms. The limitations associated with the Special Advocate regime are identified, with a conclusion that the relevant provisions of IRPA, including the Special Advocate regime, are inadequate in terms of protecting the right to make full answer and defence and that, therefore, the current legislation violates the Charter.
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Tsai, Hui-Mei, and 蔡慧美. "Analysis diversified teaching strategies to import small children learning outcomes of the course Discussion - In medicine you know - right medication unit as an example." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/29mn86.
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Hu, Shen-Jhih, and 胡慎芝. "Consumers' Right to Know in the Labelling Regulations of Genetically Modified Food: A Comparative Study of the United States, the European Union, and Taiwan." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/khy66a.
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碩士國立交通大學
科技法律研究所
106
In order to regain consumer confidence eroded by the food crisis in recent years, the notion of “right to know” is incorporated into one of the legal bases of food measures pursuant to the 2014 amendment to article 4 of The Act Governing Food Safety and Sanitation. The mandatory GM food labeling becomes the first regulatory scheme to protect consumers’ informed choices. However, the legislative explanation of the context of informed choice remains unclear and vague, let alone its application in food regulations. Therefore, the context of informed choice and enforcement of mandatory GM food labeling becomes the two main issues at hand. According to the judicial practices in the federal courts in US, the context of informed choice was denied as “consumer curiosity”, but the standing doctrine is more relaxed nowadays. States can implement mandatory labeling regulation to ensure people’s informed choice based on the fact that consumers get misled or cheated if food industry does not reveal GM information. Other purposes include consumers’ demand to be informed to purchase food in accordance with their specific preferences. The US Department of Agriculture nominated as the competent authority under the recently passed GM Food Labeling Legislation reaffirms the importance mentioned above. On the other hand, compared to the EU legislations, the purpose of informed choice is to promote fair competition in food industry, provide people with a chance to know the information hidden within, and prevent from harm to internal market if otherwise. From the author’s point of view, the context of informed choice is limited to neither food safety nor consumer curiosity. Instead, the functions of informed choice is to ensure consumer interests, encourage fair competition in food industry and further the overall social welfare. Recognizing consumers’ informed choice safeguards both suppliers and demanders as well in food market.