Bibliografías temáticas / Obligation to state reaso

Literatura académica sobre el tema "Obligation to state reaso"

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Publicado: 6 de julio de 2024

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Artículos de revistas sobre el tema "Obligation to state reaso":

Saman, Faizal. "Debatable of Indonesian Citizens' Rights and Obligations Regarding the Covid-19 Vaccination Policy". Estudiante Law Journal 4, n.º 2 (23 de febrero de 2023): 309–21. http://dx.doi.org/10.33756/eslaj.v4i2.18179.

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The purpose of this study is to examine the rights and obligations of Indonesian citizens regarding vaccination. This research uses a type of normative legal research with a statute approach. Collect data by grouping and reviewing regulations, library materials, books, and other sources related to problems in this study. The results showed that polemics that led to pros and cons related to vaccination were caused by several factors such as vaccines being new, the safety of vaccines that cannot be passed, and the sanctions imposed on those who refuse vaccines. The pro-life community considers vaccination to be an obligation and the contras think that the imposition of vaccination is in line with the right to health. There are several variables for the reason for the vaccination policy to be implemented, namely the state in a state of emergency, namely in a pandemic crisis, and subsequently related to the human obligation to respect the human rights of others (the right to the health of others). Thus, the problem of legal certainty from the implementation of vaccination is an obligation of Indonesian citizens.

Popovych, Т. "Understanding of the obligation in natural law concepts of John Locke and Jan-Jak Russo". Uzhhorod National University Herald. Series: Law 2, n.º 77 (13 de julio de 2023): 315–19. http://dx.doi.org/10.24144/2307-3322.2023.77.2.54.

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The article is devoted to the analysis of the problems of obligations in the light of the natural legal concepts of John Locke and Jan-Jak Russo. Thus, within his theory of the social contract, John Locke notes about the natural state of people, from which the law of nature follows, is obligatory for everyone. Such the obligation comes from the human nature or from the harmony between natural law and the rational human nature. The reason for the formation of a civil society is to prevent a state of war, when force, not supported by law, is used contrary to natural law. Therefore, John Locke assigns obligations to the supreme authority, to which people entrusted a part of their freedom in order to fulfill the goals of the state - to ensure peace,security and welfare of the people. Thus, John Locke mainly considers the obligation through the prism of laws - first of all natural (not to cause harm to others), and later also civil, which is established by the supreme authority. The individual in the state is entrusted with the obligation to carry out the prescriptions determined by the government, while the government is supposed to ensure peace, protect property, and justly resolve (through judicial institutions) disputes between citizens. In this way, the freedom of individuals is guaranteed by the state, because real freedom, according to the thinker, is possible only in a legal state. On the example of the concept of Jan-Jak Russo’s social contract а certain feature can be traced. It is about a significant strengthening of the collective factor over the individual one, when a union of individuals who have mutual rights and obligations in relation to each other is formed in the manner of a corresponding contract. Obligation, therefore, is not only what binds a person, subjecting him to the supreme authority, but, above all, what serves as a factor of cooperation of people in a perfect union. Based on the concept of popular sovereignty, the principles of direct democracy, which the French thinker advocated, individuals should not just fulfill certain prescriptions, but also be called to be active participants in the state-legal reality, in particular, to participate in the creation of laws. Such laws, as the personification of the expressions of the general will, can ensure justice, equality and freedom of individuals.

Koraev, K. B. "Expediency of Consolidating Conditional Fulfillment of an Obligation in the Civil Code of the Russian Federation". Lex Russica 77, n.º 3 (27 de marzo de 2024): 9–21. http://dx.doi.org/10.17803/1729-5920.2024.208.3.009-021.

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A study of the institution of conditional performance of obligations has shown that, although in the legal systems of some States obligations are called conditional, we are talking about conditional transactions. Russia is the only state that, along with «conditional transactions,» has established «conditional obligations» in the meaning of the obligation consolidated in Article 307 of the Civil Code of the Russian Federation. The experience of using this approach has shown its inconsistency, since in practice situations arise that violate the balance of interests between the parties to the contract. For this reason, the Supreme Court of the Russian Federation was forced to cancel the effect of this norm, indicating that the occurrence of an obligation should be linked not to the fact of the occurrence of a condition, but to the expected date of its occurrence. After such an interpretation, the conditionality of the fulfillment of the obligation provided for in Article 327.1 of the Civil Code of the Russian Federation ceased to be conditional. An unconditional transaction is the cause (causa) of the obligation from the moment it is made. This means that suspension is unusual for an unconditional transaction. In contrast, a transaction with a suspensive condition acquires the properties of the cause (causa) only from the moment the condition occurs. Therefore, for such a transaction, the state of suspension is normal. Among other things, the author concludes that the current legal regulation of relations for the provision of paid services with the achievement of results is carried out using the norms of Article 327.1 of the Civil Code of the Russian Federation. It is difficult to agree with this approach, since failure to achieve the result of the service will mean that one party has fulfilled its obligations under a paid contract to perform certain actions or carry out certain activities (paragraph 1 of Article 779 of the Civil Code of the Russian Federation), and the other party is exempt from paying for it.

Deacon, Daniel. "Responding to Alternatives". Michigan Law Review, n.º 122.4 (2024): 671. http://dx.doi.org/10.36644/mlr.122.4.responding.

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This Article is the first to comprehensively analyze administrative agencies’ obligation to respond to alternatives to their chosen course of action. The obligation has been around at least since the Supreme Court’s decision in Motor Vehicle Manufacturers Ass’n of the United States, Inc. v. State Farm, and it has mattered in important cases. Most recently, the Supreme Court invoked the obligation as the primary ground on which to invalidate the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program. The obligation to respond to alternatives is also frequently invoked in the lower courts and in the D.C. Circuit in particular. But courts lack a consistent framework for analyzing the obligation, providing agencies with little guidance regarding which alternatives require analysis as part of their decisionmaking process. And to the extent that the obligation allows courts a backdoor opportunity to flyspeck agencies’ policy analysis, it runs the risk of displacing agencies’ expert judgments for the courts’ own, often informed only by the parties’ briefing. This Article interrogates the obligation to respond to alternatives and proposes a more stable framework for its implementation. After rooting the obligation in agencies’ general obligation to give reasons for their actions and in the values associated with agency reason-giving, the Article turns to two questions. First, to which alternatives must agencies respond? And second, what counts as a response? In answering these questions, the Article draws on broader goals associated with administrative law, which include not only promoting the values associated with reason-giving but also respecting the need for agencies to perform their tasks effectively and within a relatively stable system of judicial review that recognizes their comparative expertise advantage over the courts. In addition, it seeks to develop a framework that fits with and helps to explain the results in most cases invoking the obligation to respond to alternatives. At the same time, the framework allows us to more clearly identify occasions where courts have reached incorrect results or been overbroad in their framing of the obligation to respond to alternatives.

Taufiqurrohman, Moch Marsa, Muhammad Toriq Fahri, Robi Kurnia Wijaya y I. Gede Putu Wiranata. "The Use of Necessitas Non Habet Legem and Wederspanningheid in Law Enforcement for Covid-19 Vaccination in Indonesia". Jurnal Penelitian Hukum De Jure 21, n.º 4 (31 de diciembre de 2021): 473. http://dx.doi.org/10.30641/dejure.2021.v21.473-488.

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The majority of scientific research in the world agrees that vaccination is a vital instrument that aims to solve the problem of the Covid-19 pandemic. In achieving this goal, the government is trying to ensure that vaccinations run as they should. Even though it is regulated in laws and regulations, the enforcement of vaccination law is not easy to implement. This article aims to examine the formulation of the legal basis that can ensure effective enforcement of vaccination law in Indonesia. By using normative legal research, this study aims to answer several problems. First, is vaccination a right or obligation for every citizen? Second, what are the legal bases that can be used to enforce the vaccination law in Indonesia? Third, what is the state’s responsibility for adverse events following vaccination in return for the vaccination obligation? This article provides a view that the principle of emergency reason does not know the law (necessitas non habet legem) can be an indicator of a shift in vaccination status which was originally only a right to become obligation. In addition, the wederspanningheid article in the Criminal Code (KUHP) regarding resistance to officers carrying out state obligations can be the legal basis for enforcing vaccination law. Furthermore, the enforcement of vaccination law must also go hand in hand with the state’s responsibility for adverse events following vaccination. Responsibilities can be in the form of vaccine testing, treatment, care, and court lawsuits if there is a default or unlawful act.

Engelhardt, H. Tristram. "MORAL OBLIGATION AFTER THE DEATH OF GOD: CRITICAL REFLECTIONS ON CONCERNS FROM IMMANUEL KANT, G. W. F. HEGEL, AND ELIZABETH ANSCOMBE". Social Philosophy and Policy 27, n.º 2 (16 de junio de 2010): 317–40. http://dx.doi.org/10.1017/s0265052509990252.

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AbstractOnce God is no longer recognized as the ground and the enforcer of morality, the character and force of morality undergoes a significant change, a point made by G.E.M. Anscombe in her observation that without God the significance of morality is changed, as the word criminal would be changed if there were no criminal law and criminal courts. There is no longer in principle a God's-eye perspective from which one can envisage setting moral pluralism aside. In addition, it becomes impossible to show that morality should always trump concerns of prudence, concerns for one's own non-moral interests and the interests of those to whom one is close. Immanuel Kant's attempt to maintain the unity of morality and the force of moral obligation by invoking the idea of God and the postulates of pure practical reason (i.e., God and immortality) are explored and assessed. Hegel's reconstruction of the status of moral obligation is also examined, given his attempt to eschew Kant's thing-in-itself, as well as Kant's at least possible transcendent God. Severed from any metaphysical anchor, morality gains a contingent content from socio-historical context and its enforcement from the state. Hegel's disengagement from a transcendent God marks a watershed in the place of God in philosophical reflections regarding the status of moral obligations on the European continent. Anscombe is vindicated. Absent the presence of God, there is an important change in the force of moral obligation.

Semeryanova, Nina, Artem Tsirin, Sergey Matulis y Ibragim Ibragim. "Problems of using certain unnamed ways to ensure fulfillment of obligations". E3S Web of Conferences 164 (2020): 11027. http://dx.doi.org/10.1051/e3sconf/202016411027.

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The relevance of the work lies in the fact that traditional ways of ensuring the fulfillment of obligations do not fully satisfy the needs of civil circulation, therefore, modern civil legislation needs more flexible legal structures. This situation encourages participants in civil turnover to search for alternative ways to ensure their property interests and is the main reason for emergence of unnamed ways to ensure fulfillment of obligations. The article defines the legal basis of such methods of ensuring fulfillment of obligations as a state (municipal) guarantee, security sale and fiduciary collateral, as well as their place in Russian legal system. Cases of application of these methods in practice are analyzed. The novelty of the study lies in assessing the current state of individual unnamed ways to ensure the fulfillment of obligations made on the basis of analysis of doctrine, legislation and law enforcement practice. Conclusions: Civil law, which offered participants of the obligation relations other ways to ensure the fulfillment of obligations, did not form sufficient criteria and provisions for their regulation. The main difficulties of law enforcers associated with unnamed ways of ensuring the fulfillment of obligations arise due to the lack of unity of opinion on their legal nature in the doctrine, which leads to the difficulty of their settlement and does not allow to occupy a proper niche in civil law. The leading research approach of the study includes such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method.

Thornton, Jennifer. "Remarks by Jennifer Thornton". Proceedings of the ASIL Annual Meeting 112 (2018): 63–65. http://dx.doi.org/10.1017/amp.2019.66.

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The United States and its TPP partners negotiated footnote 14 in the context of a larger effort to clarify the scope of key substantive obligations in the Agreement's investment chapter, with a view to better insulating legitimate public welfare measures from challenge before Investor-State Dispute Settlement (ISDS) tribunals constituted pursuant to its terms. While some TPP partners originally advocated for the inclusion of a “General Exceptions” article in the investment chapter along the lines of GATT Article XX, the TPP parties ultimately concluded that ISDS tribunals typically have accorded more deference to states when interpreting non-discrimination obligations in investment agreements than has the WTO Appellate Body when interpreting the GATT. For that reason, the TPP parties negotiated a footnote directing tribunals to consider the rationale behind a challenged measure when evaluating whether it breaches a non-discrimination obligation, thus signaling that distinctions in treatment to achieve legitimate public welfare objectives may be permissible under the chapter in certain circumstances.

Vizdoaga, Tatiana y Iulia Bria. "Presumption of innocence in the doctrinal and regulatory sources of Western Europe (XIX-XX centuries)". Journal of the National Institute of Justice, n.º 4(67) (febrero de 2024): 8–14. http://dx.doi.org/10.52277/1857-2405.2023.4(67).01.

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The supreme value in a state is man, his rights and freedoms, and the recognition, respect and defense of these rights and freedoms is the basic obligation of the state. The criminal trial represents that field of activity where the issues related to the defense of human rights and freedoms are of special relevance. For this reason, it is of particular importance to study the historical evolution of the means by which the legislator ensures the fulfillment of this constitutional obligation by the state. Medieval criminal procedure regulations regarding the presumption of guilt have been harshly criticized by scientists. However, the most important event that contributed to its emergence in most criminal procedure legislations of several states on the European continent was the Great French Revolution. Its importance was felt far beyond the borders of France, exerting an enormous influence on the political and legal system of several states.

Vernon, Richard. "States of Risk: Should Cosmopolitans Favor Their Compatriots?" Ethics & International Affairs 21, n.º 4 (2007): 451–69. http://dx.doi.org/10.1111/j.1747-7093.2007.00118.x.

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Recent cosmopolitan thinking attempts to find a place for local (including national) attachment, but all of the proposals offered have been exposed to telling critique. There are objections to the claim that local obligations are only instances of cosmopolitan duty, and to the claim that we can give a moral justification to national societies as networks of mutual benefit. This article argues that it is not mutual benefit but mutual risk that grounds compatriot preference. While exposure to coercion as such does not track national boundaries, exposure to the risks of state abuse, political choice, and social conformity provide us with a reason to take our compatriots' interests seriously. The same argument, however, displays the limits of this reasoning, and also grounds a demanding obligation to aid other societies.

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Tesis sobre el tema "Obligation to state reaso":

Thiancourt, Roberto. "Les droits finalisés dans le contrat. Contribution à l’étude de la justification en droit privé". Electronic Thesis or Diss., La Réunion, 2021. http://www.theses.fr/2021LARE0026.

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Les droits finalisés apportent un éclairage sur un phénomène qui s’accroît en droit des contrats depuis la fin du XXe siècle : assortir une prérogative juridique d’une exigence de justification de son exercice. Licencier un salarié pour une cause réelle et sérieuse, congédier un locataire pour un motif légitime et sérieux, révoquer un mandataire pour une cause reconnue en justice ou encore un dirigeant social pour un juste motif… Dans de nombreuses situations, un contractant se trouve contraint de fournir des raisons légitimes pour exercer un droit. Afin de mieux saisir ce phénomène dans ses implications pratiques, l’objectif de l’étude réside dans la proposition d’une catégorie permettant d’expliquer la convergence, de lege lata, des régimes d’exercice d’un ensemble de prérogatives : les droits finalisés dans le contrat. Les droits finalisés servent à désigner les prérogatives juridiques ne pouvant être exercées que pour certains motifs concrets déterminés par la loi, le juge ou le contrat et dont le respect est judiciairement contrôlé
The finalized rights shed light on a phenomenon that has been increasing in contract law since the end of the twentieth century: to attach a legal prerogative to a requirement of justification for its exercise. Dismiss an employee for a real and serious cause, dismiss a tenant for a legitimate and serious reason, dismiss a mandatary for a cause recognized in court or a company manager for a just reason... In many situations, a contractor is compelled to provide legitimate reasons for exercising a right. To better understand this phenomenon in its practical implications, the objective of this study lies in the proposal of a category to explain the convergence, de lege lata, of the regimes for exercising a set of prerogatives: the rights finalized in the contract. The finalized rights serve to designate the legal prerogatives that can only be exercised for certain specific reasons determined by law, the judge or the contract and whose respect is judicially controlled

Pokross, Amy Elizabeth Hargrove Eugene C. "The American community college's obligation to democracy". [Denton, Tex.] : University of North Texas, 2007. http://digital.library.unt.edu/permalink/meta-dc-5129.

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Rosler, Andres. "The authority of the state and the political obligation of the citizen in Aristotle". Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313581.

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Pokross, Amy Elizabeth. "The American Community College's Obligation to Democracy". Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc5129/.

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In this thesis, I address the dichotomy between liberal arts education and terminal vocational training in the American community college. The need is for reform in the community college in relation to philosophical instruction in order to empower citizens, support justice and create more sustainable communities. My call for reform involves a multicultural integration of philosophy into terminal/vocational programs as well as evolving the traditional liberal arts course to exist in a multicultural setting. Special attention is focused on liberating the oppressed, social and economic justice and philosophy of education.

Bastin, Lucas. "State responsibility for omissions : establishing a breach of the full protection and security obligation by omissions". Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:9e027b10-b749-4e56-a663-d58682aea06e.

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The full protection and security obligation traditionally requires a State to exercise due diligence to prevent physical damage from being inflicted on foreign investments within its territory, and to provide a means of redress for aggrieved foreign investors. Recently, tribunals have expanded this application of the obligation such that States are obliged to exercise due diligence to afford legal or regulatory protection to foreign investments. Establishing a breach of the obligation involves establishing a Stateâs responsibility for its omissions. The law of State responsibility has nuances in respect of establishing a breach of non-absolute positive obligations, such as this one. Evidence of the State's knowledge of the need to act, and of its capacity to act, provide the basis on which a breach of the obligation may be established. Causation is also an element of the proof of a breach, and is to be established by reference to an adequate counter-factual. The standard to which one must establish a breach is contested â as between an objective and subjective standard, or a hybrid â albeit an objective standard of due diligence is preferable. In this context, recent tribunals have fashioned diagnostics for determining a breach of the obligation which invoke concepts of legitimate expectations, and reasonableness and rationality. Using these diagnostics means that the objective standard of proof is satisfied when an investorâs legitimate expectations are frustrated by the conduct of the State, or when the State fails to act reasonably and in order to achieve rational public policy goals. These diagnostics offer a useful and workable development in the articulation of the standard of proof in relation to a breach of the full protection and security obligation.

Nowag, Julian. "Competition law, state aid law and free-movement law : the case of the environmental integration obligation". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:b14c7740-cac8-4084-acf8-86ff9c053e6c.

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This thesis investigates competition law, State aid law and free-movement law in their interaction with Article 11 TFEU’s obligation to integrate environmental protection requirements into all activities and policies of the Union. The Article is formulated in broad and sweeping terms which makes integrating environmental protection requirements complex and context-dependent. The challenge of integrating environmental considerations is further increased as such integration in competition, State aid and free- movement law is different from other areas of EU action. The three areas are the core provisions protecting the internal market by prohibiting certain actions of the Member States and undertakings. Unlike in other areas, the EU is therefore not in the position to develop or design the actions but has to scrutinise the measure according to pre-established parameters. To address this challenge, a novel functional approach to environmental integration is developed. The approach should facilitate a better understanding of environmental integration and in particular its application to competition law, State aid and free-movement law. An important element of this thesis equally the comparison between the three areas of law. It sheds light on conceptual issues that are not only relevant to the integration of environmental protection. The comparison advances the understanding in relation to questions such as how restrictions are defined and how the respective balancing tests are applied. The contribution of this research is therefore twofold. One the one hand, it compares how the different tests in competition, State aid and free-movement law operate, thereby offering opportunities for cross-fertilisation. On the other hand, this comparison and the improvements suggested as a result help to conceptualise environmental integration thereby paving the way for a more transparent and consistent integration of environmental protection in competition, State aid and free-movement law.

Manasse, Brilaine Lisa. "The state’s obligation to realise the socioeconomic rights of vulnerable groups: A case study of children on the Cape Flats". University of the Western Cape, 2019. http://hdl.handle.net/11394/7030.

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Magister Legum - LLM
The Cape Flats is known for poverty, gangsterism, over population and a general lack of basic necessities. What is often overlooked is where this negative perception emanates from. Generational poverty is an existent issue and has been influential in shaping the Cape Flats to what it is today. What this study aims to do, is to provide a background on a possible theory for this typecast that accompanies the areas broadly known as the Cape Flats. The study will show how the Apartheid era created a ripple effect for future generations, and how this may be the cause of these vulnerable groups of children being failed by a system which have long forgotten about them. The study demonstrates how vulnerable groups on the Cape Flats, struggling and pleading for State intervention in the delivery of basic human rights, have fallen on deaf ears. The study further reveals that the State has not fulfilled its constitutional mandate, neither has it lived up to the enabling provisions contained in international instruments which has been adopted by the South African government, and confirms that all three spheres of government have lacked in the accomplishments it set out to achieve upon the adoption of various pieces of legislation, notwithstanding the proclamation of domestic laws to help the State realise its socioeconomic rights obligations. The study was a particularly challenging task to undertake, as research topics on the issue of socioeconomic rights realisation on the Cape Flats is not a well-studied subject. The intention behind the study is to make an important contribution towards awareness of the issue under discussion, paving the way for future knowledge sharing and an open dialogue focusing on the role of the State in the realisation of socioeconomic rights of children on the Cape Flats.

Mvé, Ella Léandre. "La responsabilité de protéger et l’internationalisation des systèmes politiques". Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0331.

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Sous l’angle du droit international, la responsabilité de protéger est traditionnellement analysée dans le but de déterminer sa portée normative. L’attrait de la doctrine internationaliste pour la question de la normativité du principe et l’indifférence habituelle du droit international vis-à-vis du système politique des États ont fini par confiner les développements sous les prismes parfois trop réducteurs du droit international et des relations internationales. Cette recherche entend proposer une perspective différente en prenant le contre-pied de cette approche classique. Elle aborde la problématique de la responsabilité de protéger non plus seulement sous l’angle des intervenants tiers à l’État défaillant, mais également, et surtout sous celui de cet État lui-même et de sa population. Il s’agit donc de revisiter la façon d’appréhender la responsabilité de protéger afin de montrer que le droit international n’est plus indifférent face aux systèmes politiques des États — a fortiori en crise. En interrogeant le lien entre la responsabilité de protéger et le système politique de l’État, l’analyse aboutit irrémédiablement à la conclusion selon laquelle la responsabilité de protéger est « enchassée » dans de normes qui ne sont pas exclusivement juridiques et qu’il convient dorénavant d’analyser en réseau. L’étude propose donc désormais de la qualifier de norme de congruence dès lors qu’elle conduit à apprécier la valeur juridique d’une règle de droit en tenant compte des différentes influences contenues dans celle-ci
From the perspective of international law, the responsibility to protect is traditionally analyzed in order to determine its normative scope. The attractiveness of the internationalist doctrine for the question of the normativity of the principle and the habitual indifference of international law to the political system of States ended up confining developments to the sometimes overly simplistic prisms of international law and international relations.This research intends to propose a different perspective by taking a contrary view of this classic approach. It addresses the issue of the responsibility to protect not only the point of view of third parties to the failed state, but also, and above all, the State itself and its population. It is therefore a question of revisiting the approach of apprehending the responsibility to protect in order to show that international law is no longer indifferent to the political systems of the States - let alone in crisis.In questioning the link between the responsibility to protect and the state's political system, the analysis leads irreparably to the conclusion that the responsibility to protect is “enshrined” in norms that are not exclusively legal and that currently analyze in the network. The study therefore proposes to define it as an norme de congruence since it leads to the assessment of the legal value of a rule of law taking into account the different influences contained in it

Ankut, Priscilla Yachat. "Balancing parental responsibility and state obligation in fulfilling the socio-economic rights of children under the African Charter on the Rights and Welfare of the Child". Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/983.

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"The prevailing realities of 'severely depressed' African economies make it difficult for children to enjoy the socio-economic rights guaranteed under the Children's Charter. This study takes the view that the responsibility of parents and the obligations of the state towards children's socio-economic rights must be mutually supportive. It therefore proposes the need for balancing parental responsibility and state obligations in the struggle to ensure that the socio-economic rights of children across the continent are met, albeit, under difficult economic circumstances. ... The study is divided into five chapters. Chapter 1 has highlighted the structure of the entire discourse. Chapter 2 deals with the general perspectives of the socio-economic rights of children within the broad context of international human rights law. An overview of the normative and procedural framework of the Convention on the Rights of the Child is given. The chapter also examines the normative and procedural framework available for the protection of the child at the African regional level, the starting point of which is the African Charter on Human and Peoples' Rights and eventually narrowed down to the African Charter on the Rights and Welfare of the Child. Chapter 3 addresses the concept of parental responsibility. In particular, Africa's notion of parental responsibility is critically analyzed as a factor that makes a crucial difference to the interpretations of the underlying assumptions in the Children's Charter that the socio-economic rights of children could be met through the African communal and extended family network. Chapter 4 deals with states obligations in respect of the socio-economic rights of children. The South African jurisprudence on the rights of the child is also discussed in this chapter. The chapter also highlights the interplay between parental responsibility and state obligations in fulfilling the socio-economic rights of children. Chapter 5 consists of conclusions of the essay." -- Chapter 1.
Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

Hammer, Sara Jeanne. "The rise of liberal independence and the decline of the welfare state". Thesis, Queensland University of Technology, 2002.

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Given the increased interdependency caused by ongoing task differentiation and precarious formal employment, this thesis asks why the stigmatisation of unemployed citizens and the retraction of unemployment benefits have received such widespread support in Australia. I contend that the concepts of dependency and independence, as reflexive but mutually exclusive dual values, are increasingly used as a framework for welfare discourse. I argue that this framework has ethical ramifications for collective well-being in Australia since it discourages citizens from acknowledging their own social and economic vulnerability. Using a combination of critical theory and discursive analysis, this thesis analyses discourses relating to poverty, unemployment and social welfare. It tracks the contradictions of this value dualism through selected forms of policy and media discourse literature and will challenge the negative moral valence associated with dependency, offering possible alternatives in the areas of moral anthropology, welfare discourse and social provision in order to reverse the stigmatisation of unemployed citizens.

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Libros sobre el tema "Obligation to state reaso":

DeLue, Steven M. Political obligation in a liberal state. Albany: State University of New York Press, 1989.

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Stilz, Anna. Liberal loyalty: Freedom, obligation, and the state. Princeton: Princeton University Press, 2009.

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Auditor, Missouri State. Audit of general obligation bond sales practices: Performance audit. Jefferson City, Missouri (224 State Capitol, Jefferson City 65101): The Office, 2001.

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Commission, California Debt Advisory, ed. The Use of general obligation bonds by the State of California. Sacramento, Calif: California Debt Advisory Commission, 1987.

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Division, Georgia Department of Audits and Accounts Performance Audit Operations. Georgia State Financing and Investment Commission: Requested information on general obligation bonds. Atlanta, Georgia]: Georgia Department of Audits and Accounts, Performance Audit Operations Division, 2012.

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1954-, Comstock Gary, ed. Is there a moral obligation to save the family farm? Ames: Iowa State University Press, 1987.

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Wolfe, Alan. Whose keeper?: Social science and moral obligation. Berkeley: University of California Press, 1989.

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Dart, Norma. A sacred obligation: A history of the Idaho State Veterans' Homes in Idaho. [Idaho: Norma Dart, 2007.

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Skoble, Aeon J. Deleting the state: An argument about government. Chicago: Open Court, 2008.

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Skoble, Aeon J. Deleting the state: An argument about government. Chicago: Open Court, 2008.

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Capítulos de libros sobre el tema "Obligation to state reaso":

Sistare, Christian T. "John Brown's Duties: Obligation, Violence, and ‘Natural Duty’". En Coercion and the State, 95–112. Dordrecht: Springer Netherlands, 2008. http://dx.doi.org/10.1007/978-1-4020-6879-9_7.

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Moinipour, Shabnam. "Human Rights Promotion: An Unmet Obligation". En Human Rights, Iranian Migrants, and State Media, 131–43. London; New York, NY: Routledge, 2019. | Series: Routledge studies in media, communication, and politics: digitizing democracy: Routledge, 2019. http://dx.doi.org/10.4324/9780429400209-8.

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Tucker, Christopher. "A Moral Obligation to Obey the State". En Liberalism, 185–99. Dordrecht: Springer Netherlands, 2000. http://dx.doi.org/10.1007/978-94-015-9440-0_12.

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EZRA, OVADIA. "THE OBLIGATION OF THE STATE TOWARD INDIVIDUALS". En MORAL DILEMMAS IN REAL LIFE, 15–24. Dordrecht: Springer Netherlands, 2006. http://dx.doi.org/10.1007/1-4020-4105-5_2.

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Müller, Andreas. "Promoting Open Borders: Poland and the Visa Obligation". En Governing Mobility Beyond the State, 134–56. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137389428_7.

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Soler, Christopher. "The State Obligation to Cooperate under International Law". En The Global Prosecution of Core Crimes under International Law, 165–208. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-335-1_10.

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Wolfe, Alan. "Market, State and Society as Codes of Moral Obligation". En The Legacy of Karl Polanyi, 31–49. London: Palgrave Macmillan UK, 1991. http://dx.doi.org/10.1007/978-1-349-12166-3_2.

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Hobbes, Thomas. "The State of Nature and the Basis of Obligation". En Ideals and Ideologies, 79–85. Eleventh Edition. | New York : Routledge, 2019. | “Tenth edition, published by Routledge, 2017”—T.p. verso.: Routledge, 2019. http://dx.doi.org/10.4324/9780429286827-16.

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Pastoriza, Juan Salvador. "The Recovery Obligation and the Protection of Legitimate Expectations: The Spanish Experience". En State Aid Law and Business Taxation, 247–82. Berlin, Heidelberg: Springer Berlin Heidelberg, 2016. http://dx.doi.org/10.1007/978-3-662-53055-9_13.

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Levey, Geoffrey B. "12 Judaism And The Obligation To Die For The State". En Law, Politics, and Morality in Judaism, editado por Michael Walzer, 182–208. Princeton: Princeton University Press, 2009. http://dx.doi.org/10.1515/9781400827206.182.

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Actas de conferencias sobre el tema "Obligation to state reaso":

Clifton, Ava y Charles Gretton. "Property Directed Reachability for Planning Revisited". En 20th International Conference on Principles of Knowledge Representation and Reasoning {KR-2023}. California: International Joint Conferences on Artificial Intelligence Organization, 2023. http://dx.doi.org/10.24963/kr.2023/16.

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Property Directed Reachability (PDR) is a relatively new SAT-based search paradigm for classical AI planning. Compared to earlier SAT-based paradigms, PDR proceeds without unrolling the system transition function, and therefore without having the underlying procedure reason about potentially computationally expensive multi-step formulae. By maintaining a queue of obligations - i.e., a state at a timestep - and knowledge about what is possible at each planning step, PDR iteratively evaluates whether an obligation can be progressed by one step towards the goal. We develop and evaluate two new distributed PDR algorithms for planning, and additionally implement serial and portfolio PDR algorithms for planning. We are the first to consider distributed PDR for planning and the first to consider PDR based on incremental SAT solving in that setting. Our first new algorithm, PS-PDR, evaluates many obligations independently in parallel using a pool of incremental SAT workers. PS-PDR is unique amongst distributed PDR algorithms in centrally maintaining a single queue of obligations, enabling an efficient focused search compared to a PDR portfolio. Our second new algorithm, PD-PDR, sequences subproblems according to the compositional structure of the concrete problem at hand. Subproblems are solved independently in parallel, with a concrete plan obtained by combining subproblem plans. Our experimental evaluation exhibits strong runtime gains for both new algorithms in both satisfiable and unsatisfiable planning benchmarks.

Dobeš, Milan. "Offenders of the Crime of Social Parasitism in Czechoslovakia 1956–1990". En Mezinárodní konference doktorských studentů oboru právní historie a římského práva. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0156-2022-18.

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The offence of social parasitism was a typical institution of criminal law in socialist Czechoslovakia. Through its criminal regulation, the obligation to work (one of the characteristics of totalitarian states) was enforced. Social parasitism was committed by those who avoided proper work for a long time and who, at the same time, made a living in a way which was back in the time considered unfair or illegal. Typical perpetrators included prostitutes, property crime offenders, beggars, homeless people, gamblers or, last but not least, people who let someone else support them – typically people who had succumbed to alcohol addiction or newly adult individuals who did not enter the workforce and continued to be supported by their parents. To some extent, the communist regime used social parasitism to bully its opponents, taking advantage of the fact that the state was a de facto monopoly employer and could fire people from their jobs and refuse to employ them for no good reason.

Lipkina, Nadezhda N. "The International Legal Obligation Of Due Diligence In Cyberspace". En International Scientific and Practical Conference «State and Law in the Context of Modern Challenges. European Publisher, 2022. http://dx.doi.org/10.15405/epsbs.2022.01.63.

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Schoeffler, Fred y Joy A. Collura. "How was it Possible to do Everything Right and yet 19 Prescott Fire Department Firefighters Died in One Fell Swoop on June 30, 2013?" En 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1001577.

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On 30 June 2013, nineteen Prescott FD, Granite Mountain Hot Shots, a quasi-military Wildland Fire Crew, died on the Yarnell Hill Fire in Arizona. This tragic Arizona State Forestry (ASF) wildfire was “investigated” by a USDA US Forest Service-funded Serious Accident Investigation Team (SAIT). Their alleged "factual" report (SAIR) concluded they "found no indication of negligence, reckless actions, or violations of policy or protocol." Stated in the positive - they did everything right and yet nineteen men perished. This no blame, no-fault conclusion clearly defies logic and reason. Both USFS and BLM training publications mirror each other: "If firefighters follow the Standard Firefighting Orders and are alerted to the 18 Watch Out Situations, much of the risk of firefighting can be reduced." In 2001 and 2002, former USFS Fire Director Jerry Williams fully supported that joint assertion: “The Ten Standard Firefighting Orders must be firm rules of engagement. … They are the result of hard-learned lessons. Compromis¬ing one or more of them is a common denominator of all tragedy fires. … [where] the Fire Orders were ignored, overlooked, or otherwise compromised.” “Entrapment avoid¬ance must be our primary emphasis and our measure of professional operational success. We must embrace the rules of engagement as a way of doing business - as a professional standard. ... because we owe it to one another. The Fire Orders must become a shared obligation, where the leader’s situational awareness depends on participation by the entire crew and where the crew’s participation is tempered with respect for the leader’s responsibility ..." The SAIT states: "The 10 Standard Firefighting Orders and 18 Watch Out Situations ... [are] the foundation of training in fire suppression operations, ... but they require judgment in application. These principles, ... outline the [SAIT’s] perspective regarding the use and consideration of the 10 and 18 in [the SAIR]." This contradicts the GMHS aftermath.Additionally, other Agency video training sources have made light of this serious subject. “Visualizing The Ten and Eighteen - With Humor” (2004) Kathy Murphy; “WFSTAR: Fire Orders” (2018); and the Wildland Fire LLC - “Honor the Fallen” (2018). In this video, the Standard Fire Orders are denigrated by the USFS Apprenticeship Program Manager: “the truth is that we try to put it into these little boxes in these rules and the 10 and 18 that cannot, they’re not gonna keep us safe, that’s been proven time and time again, we can’t follow our own rule, you know, these rules whatever they are” and states they need to have “luck decision conversation[s],” concluding with “it was good … until it wasn’t.” Did these, and coaching from others, result in the third-year GMHS sole survivor McDonough’s SAIT assertion that Fire Order Ten regarding safely fighting fire, was “hillbilly” and “old”? The documented YH Fire and GMHS tragedy is inaccurate. Indeed, knowing, recognizing, and applying the 10 and 18, and mitigating any Watchout Situations are responsible for saving tens of thousands of WF lives every year! There are no documented cases revealing otherwise.

Mandala, Subianta y Isep H. Insan. "Obligation to Fulfill and Protect Human Rights Reviewed According to State Law". En Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.28-10-2023.2341680.

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Ferdous, Syed Robayet. "State Obligation to Combat Enforced Disappearance: An Empirical Analysis in Bangladesh Perspective". En International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010049400790086.

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Muzyka, Viktoriia. "ATTRIBUTION OF CYBERATTACKS COMMITTED THROUGH CYBERINFRASTRUCTURE OF A THIRD STATE AND DUE DILIGENCE OBLIGATION". En Relevant Trends of Scientific Research in the Countries of Central and Eastern Europe. Publishing House “Baltija Publishing”, 2020. http://dx.doi.org/10.30525/978-9934-26-002-5-32.

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Gridchina, Nelli y Sergey Zavyalov. "On the Issue of the Problems of Legal Obligation in the Welfare State in the Context of a Pandemic". En 2021 1st International Conference on Technology Enhanced Learning in Higher Education (TELE). IEEE, 2021. http://dx.doi.org/10.1109/tele52840.2021.9482519.

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Škorić, Sanja y Vladimir Jovanović. ""COVID PASSPORTS" - LEGAL ASPECT, POSSIBLE USE AND IMPACT ON TOURISM DEVELOPMENT". En The Sixth International Scientific Conference - TOURISM CHALLENGES AMID COVID-19, Thematic Proceedings. FACULTY OF HOTEL MANAGEMENT AND TOURISM IN VRNJAČKA BANJA UNIVERSITY OF KRAGUJEVAC, 2021. http://dx.doi.org/10.52370/tisc21484ss.

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"COVID" or immunity passports are classified as one of the reactions to the world pandemic and its suppression at the international level. Given that implications of this document, its legal nature, the manner of exercising the right to it, etc., are still not quite clear, various dilemmas may arise regarding this document. Also, how much will another bureaucratic obligation in connection with the organization of travel affect tourism, which has suffered incredible financial losses in the past year? It is very difficult to predict the direction of development of tourism and tourist services, especially not after the adoption of the basic rules that will concern "COVID" passports. There are dilemmas about this document in the legal sense, as well as in the sense of its obligation - will each state individually decide whether it is obligatory to enter in it or will it be one of the obligations of everyone at the international level?

Boguş, Angela. "Efficiency of public expenditure to ensure a decent living standard for citizens". En International Scientific Conference “30 Years of Economic Reforms in the Republic of Moldova: Economic Progress via Innovation and Competitiveness”. Academy of Economic Studies of Moldova, 2022. http://dx.doi.org/10.53486/9789975155649.37.

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The actuality of the subject. The right to a decent standard of living is a fundamental right. Social policy in ensuring the right to a decent life stems from the obligation of the state to provide adequate conditions for a decent life and refers to: regulation of the minimum wage, fight against unemployment, free primary health care, establishment of social benefits for some socially vulnerable population, who for various reasons cannot perform any work, etc. The financing of expenditures for ensuring a decent standard of living is mainly made from public budget resources, which is why the efficiency of public expenditures becomes an extremely important task, especially in the conditions of the deep economic crisis facing the Republic of Moldova. The purpose of the paper. This paper aims to analyze the living standards of the population of Moldova in terms of compliance with the constitutional rule on the obligation of the state to ensure an income, in the amount that would allow each citizen a decent living, but also the efficiency of public spending on social protection. Research methods. In this paper were used: the analytical method; synthesis method; comparative method, quantitative analysis of documents, statistical data, etc.

Informes sobre el tema "Obligation to state reaso":

Hicks, Jacqueline. Drivers of Compliance with International Human Rights Treaties. Institute of Development Studies (IDS), agosto de 2021. http://dx.doi.org/10.19088/k4d.2021.130.

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Are international human rights treaties associated with better rights performance? The appetite for a conclusive answer has driven a number of large scale quantitative studies that have broadly shown little or no effect, and sometimes even a backsliding. However, the headline conclusions belie much more complicated findings, and the research methods used are controversial. These issues undermine confidence in the findings. Comparative and individual case studies allow for more detailed information about how domestic human rights activists use international human rights laws in practice. They tend to be more positive about the effect of treaties, but they are not as systematic as the quantitative work. Some indirect measures of treaty effect show that the norms contained within them filter down into domestic constitutions, and that the process of human rights reporting at the UN may be useful if dialogue can be considered an a priori good. It is likely that states are driven to comply with human rights obligations through a combination of dynamic influences. Drivers of compliance with international law is a major, unresolved question in the research that is heavily influenced by the worldview of researchers. The two strongest findings are: Domestic context drives compliance. In particular: (1) The strength of domestic non-governmental organisations (NGOs), and links with international NGOs (INGOs), and (2) in partial and transitioning democracies where locals have a reason to use the treaties as tools to press their claims. External enforcement may help drive compliance when: (1) other states link human rights obligations in the treaties to preferential trade agreements, and (2) INGOs ‘name and shame’ human rights violations, possibly reducing inward investment flows from companies worried about their reputation. Scholars also identify intermediate effects of continued dialogue and norm socialisation from the UN’s human rights reporting processes. Interviews with diplomats involved in UN reporting say that the process is more effective when NGOs and individual governments are involved.

Gallien, Max, Umair Javed y Vanessa van den Boogaard. Between God, the People, and the State: Citizen Conceptions of Zakat. Institute of Development Studies, mayo de 2023. http://dx.doi.org/10.19088/ictd.2023.027.

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The global pool for zakat – one of the five pillars of Islam mandating an annual payment typically equivalent to 2.5 per cent of an individual’s productive wealth – is estimated to make up between USD 200 billion and 1 trillion. States have long sought to harness zakat for their own budgets – and legitimacy. To date, however, there has been no systematic empirical discussion of how citizens perceive and engage with state involvement in zakat and how they perceive state-run zakat funds. These perceptions and experiences are central to important questions of how we conceptualise fiscal transfers and the relationship between citizens and states: if it is legally treated as one, does zakat function like a tax? Do citizens engage with it differently? Does its formalisation strengthen or undermine the social norms in which it is embedded? This paper provides, to the best of our knowledge, the first comparative analysis of how citizens in Muslim-majority countries conceptualise zakat, attempting to situate it between religion, charity, and the state. We do so in the context of three lower middle-income countries (LMICs) – Morocco, Pakistan, and Egypt – representing variation in state involvement in zakat, relying on nationally representative surveys covering 5,484 respondents, of whom 2,648 reported that they had paid zakat in the preceding 12 months. Despite heterogeneity in state practice across the three countries, and in contrast to our expectations, we find commonalities in how citizens perceive zakat. Across our cases, citizens understand zakat as existing beyond the state, even where the state is involved in zakat administration and enforcement. Rather than viewing it as a legal obligation akin to taxation or merely as a charitable payment, Muslims across diverse religious and institutional contexts predominately conceive of zakat as a form of informal tax, rooted in social pressures and sanctions in the afterlife, but existing beyond the limits of state authority. This has important conceptual implications for the study of public finance, which has been predominately state-centric, while suggesting that there are clear limits to states’ ability to harness zakat payments into public finance systems. It also suggests clear limits to the ability of states to ‘harness’ zakat as a fiscal tool through centralised administration or mandated enforcement.