Thèses sur le sujet « Assembly, Right of – France »
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Passmore, Kevin. « The right and the extreme right in the department of the Rhône, 1928-1939 ». Thesis, University of Warwick, 1992. http://wrap.warwick.ac.uk/81930/.
Texte intégralAl-Baldawi, Hassan. « The right to freedom of peaceful assembly in post-invasion Iraq ». Thesis, Umeå universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-184530.
Texte intégralCopsey, Nigel Scott. « The extreme right in contemporary France and Britain ». Thesis, University of Portsmouth, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.241030.
Texte intégralWemp, Brian A. (Brian Alan). « The Paris Commune and the French right : the reaction of the bourgeoisie ». Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23857.
Texte intégralGalbraith, Robert Douglas. « Legal and political thought in France c.1310-1380 ». Thesis, University of Cambridge, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.240173.
Texte intégralMziray, Cheggy Clement. « The right to peaceful assembly and demonstration in Tanzania : a comparative study with Ghana and South Africa ». Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1097.
Texte intégralThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Prof. K. Quashigah at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
Moreno, Brandon Alexander. « Images in the Rhetoric of the Far-Right in France and Germany ». Thesis, Northern Arizona University, 2019. http://pqdtopen.proquest.com/#viewpdf?dispub=13421845.
Texte intégralThe purpose of this research is to explore the shifts in the rhetoric utilized by the European Far-Right political parties in response to terror attacks. The subjects of study are the National Front and Alternative for Germany within France and Germany respectively with both states having experienced attacks by Muslim terrorists within recent years. This study was conducted through the employment of Image Theory through a content analysis, specifically through the lens of the Barbarian and Enemy Images and if they can be observed in either party’s rhetoric. This shift in rhetoric can be seen expressed by both parties as they acted and reacted through their policy platforms over the years of observation.
Tsalpatourou, Asimina. « L'effectivité du droit au logement en France ». Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D013.
Texte intégralThis thesis focuses on the effectiveness of the right to housing in French law, in the light of European and international law. The effectiveness of the right to housing has been an important issue in French law since several decades, which has strengthened its legal scope and has shown an acknowledgement of this fundamental right. The study of positive law shows that the right to housing is intended for being effective thanks to its multiple legal consecrations as well as its implementation thanks to an abundant and meticulous legal framework. However, the effectiveness of the right to housing comes up against many obstacles, linked both to the identification of its perimeter (its content and people who are entitled to this right) and its guarantors and its social nature depending on the socio-economic context and the material and legal means. The effectiveness of the right to housing is thus often compromised or reconsidered. That reveals quality and structure problems of the legal framework but also a lac k of engagement on the behalf of the state and local authorities, who limit their responsibility to strict assistance. The unique and solid legal consecration of the right to housing as a fundamental right, the respect of socio-economic developments and the responsibility of the state are necessary in order to fully assure the effectiveness of this right
Medellin, Gabriela. « The rise of the extreme right in France and Germany and the problem of immigration ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0026/MQ34207.pdf.
Texte intégralTurner, C. J. « The discourse of the extreme right in France in the inter-war years ». Thesis, University of Sussex, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.373148.
Texte intégralBeltran, Veda Elizabeth. « Xenophobia, Populism, and the Rise of the Far-Right in France and Germany ». Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1478.
Texte intégralLukacs, Adrienn. « Protection of employees' right to privacy and right to data protection on social network sites : with special regard to France and Hungary ». Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D041.
Texte intégralOnline social network sites have gained considerable importance in everyday life. Their use results in the unprecedented share of personal data : individuals from all over the globe share personal information in a quality and quantity never seen before. Employees and prospective employees are amongst users as well, which raises privacy and data protection issues specific to the context of employment. Although the “traditional” ways of employee monitoring, such as CCTV surveillance, monitoring of the use of Internet and e-mail, etc. are already regulated both at the international and at the national (French and Hungarian) level, the comprehensive regulation of social network sites with regard to the context of employment is yet to be elaborated. Social network sites have fundamentally influenced conceptions of privacy and data protection, resulting in the boundaries of work and personal life becoming increasingly blurred, both within and outside working hours. Yet, the processing of personal data obtained from social network sites increasingly raises the question of the protection of employees’ rights – particularly the protection of the right to privacy and the right to data protection. These rights must be balanced notably against the employer’s right to control and monitor, which ensue from the employer’s right to property (ensuring the equipment provided by the employer is used in accordance with the purpose of the employment relationship), the right to protect his/her economic interest (e.g. through ensuring productivity, the protection of reputation) and occupational safety and health (which confers obligations on the employer). Thus, the dissertation examines how the existing rules of labour law and of data protection law in France and in Hungary can be applied to social network sites and what the main challenge posed by them are, particularly in the phase of recruitment and during the use of social networks during and outside working hours. The main question to be answered by the dissertation is: in the light of the increasingly blurred boundaries, where should the balance be struck between the employees’ and the employer’s rights?
Az online közösségi oldalak jelentős szerepet játszanak a mindennapi életben. Használatuk során az egyének soha nem látott minőségben és mennyiségben osztják meg személyes adataikat, szerte az egész világon. A munkavállalók és a leendő munkavállalók szintén a felhasználók közé tartoznak, ami a foglalkoztatás kontextusában specifikus kérdéseket vet fel a magánélet és a személyes adatok védelme terén. Bár a munkavállalók megfigyelésének „hagyományos” módszereit, mint például a kamerás megfigyelést, az internet és az e-mail használatának megfigyelését, már mind nemzetközi, mind tagállami (francia és magyar) szinten szabályozzák, a közösségi oldalak foglalkoztatással összefüggő kimerítő szabályozása még kidolgozás alatt áll. A közösségi hálózati oldalak alapjaiban hatnak a magánéletre és a személyes adatok védelmére, aminek eredményeként a munka és magánélet határai egyre inkább elmosódnak, mind a munkaidőn belül, mind azon kívül. Ugyanakkor a közösségi oldalakról származó személyes adatok kezelése fokozottan felveti a munkavállalók jogainak védelmének kérdését – különös tekintettel a magánélet védelmére és a személyes adatok védelméhez való jogra. Ezeket a jogokat össze kell vetni különösen a munkáltató ellenőrzési és felügyeleti jogával, amely a munkáltató tulajdonhoz fűződő jogából (pl.: annak biztosítása, hogy a munkáltató által biztosított felszerelést a munkavállaló a munkaviszony céljának megfelelően használja), valamint a jogos gazdasági érdekeinek védelméből. (pl. produktivitás biztosítása, jó hírnév védelme) és a munkahelyi biztonság és egészségvédelemből (amely kötelezettségeket ró a munkáltatóra) következik. Következésképp, a disszertáció azt vizsgálja, hogy a Franciaországban és Magyarországon már létező munkajogi és adatvédelmi rendelkezések miként alkalmazhatók a közösségi oldalakra, és melyek az általuk felvetett legfőbb kihívások, különösen a munkaerőfelvétel, valamint a közösségi oldalak munkaidőben és azon kívül történő használata terén. A disszertáció által megválaszolandó fő kérdés az, hogy a fokozottan elmosódó határok fényében hol kell megtalálni az egyensúlyt a munkavállalók és a munkáltatók jogai között?
Salvini, Francesco. « Struggles for the right to the city : assembling politics on the streets of Barcelona ». Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8621.
Texte intégralFrancis, Andrew. « Design for verification : a metrology based design framework to aid 'right first time' assembly for large volume aerospace structures ». Thesis, University of Bath, 2017. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.723322.
Texte intégralGreen, Dawn Amanda. « Women and the National Assembly in France : an analysis of institutional change and substantive representation, with special reference to the 1997-2002 legislature ». Thesis, University of Stirling, 2003. http://hdl.handle.net/1893/21894.
Texte intégralArena, Joseph A. « The Little Car that Did Nothing Right : the 1972 Lordstown Assembly Strike, the Chevrolet Vega, and the Unraveling of Growth Economics ». The Ohio State University, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=osu1243359975.
Texte intégralBouroubat, Khadija. « La construction durable : étude juridique comparative / Maroc-France ». Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV136/document.
Texte intégralThis study aims to explore the possibility for Morocco as developing country and booming economy to succeed in integrating sustainable development in the construction sector in the same way as his French counterpart.The Meadows report published in 1972 announcing « the limits togrowth » was intended to encourage international community to become aware of the ecological emergency and to act.Thus, a number of international conférences were organized in order to establish a new vision for the future of humanity. It is in this international context marked by the increase conflict between environmental concerns and economic development that the concept of sustainable development was born. The construction fiel dit seems able to integrate these concerns.A sustainable building must be thought fromits conception. All the life cycle of the work has an impact on the environment.That’s whyhis development is subordinated to the adoption of a legal frame work imposing the use of environment-freindly construction materials, waste management, conservation of the quality of the water, the ground and the air and to realization of the energy performance. These rules involve new requirements which are going to change the methods and the practices and contribute to an enhanced coopération gram work or construction. It is there forevery important to shed light on liability of professionals. Sustainable construction has a cost.It’s development must be supported by rules of urban construction, by Financial incentives and by normalization and certification of buildings according to the reference tables of the high quality environmental association
Löfgren, Agnes. « Speech-language pathology intervention on stroke-induced right hemisphere brain damage : A comparison between Sweden and France ». Thesis, Uppsala universitet, Institutionen för neurovetenskap, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-277382.
Texte intégralBlatt, David. « The resurgence of the extreme-right in France : political protest and the party system in the 1980's ». Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61980.
Texte intégralChouaibi, Meriam. « Droits du patient : étude comparée entre la France et la Tunisie ». Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1055.
Texte intégralThe french legal system attaches great importance to patient rights, mainly through the law of 4 March 2002. This text was constructed to place the patient at the center of the device and assigning the rights to as a subject of law. This idea is almost absent in tunisian law. In Tunisia, legislation on the rights of patients is inadequate : the rights of patients are devoted so scattered in several legal texts. It is true that the tunisian legislature has defined certain rights for patients. However, these legislative consecrations do not allow us to confirm the idea that the patient is the center of the medical relationship, particularly because medical paternalism still finds consecration in Tunisia. The comparative study showed some convergence between the two legal systems but also important differences. Thus, for a country like Tunisia, whose health system confronts severe difficulties not only its infrastructure but also the legislative, the code of public health in general and the law of 4 March 2002 for the rights of patients, particular, can be an effective source for in-depth changes. However, if in France the Law of 4 March 2002 occupies a prominent place in the corpus of rules of health law, there is no denying that the patient's rights today facing implementation difficulties. Even if the concern of the french parliament was to maximally protect the rights of patients, some flaws still to report
Vervoort, Maxence. « L'exercice du droit de grève dans le secteur privé ». Thesis, Nice, 2015. http://www.theses.fr/2015NICE0032/document.
Texte intégralHalf way between the law and common practice , the right to strike is the result of a case law open to external influences. Far from being stuck in a theoritical and fixed ideology, the right to strike lies on dynamic grounds and on its ability to challenge the temporary and structural contexts that a company must cope with. In these conditions, how can the right to strike be legally shaped? What are the mutual permanent interactions between a case law and common practice which confers to this right its total effectiveness ? What are the legal and contextual influences that guides its daily practice ?
Rolain, Marianne. « Les limitations au droit de propriété en matière immobilière ». Thesis, Nice, 2015. http://www.theses.fr/2015NICE0037/document.
Texte intégralThe limitations of the property right, in particular out of real estate, do not cease multiplying by new laws or regulations, and even of contracts. Would this phenomenon be the proof of the degeneration of the property right such as it was elaborate in 1789 and 1804? Actually, article 17 of the Declaration of 1789 and article 544 of the Civil code always contained limitations. Furthermore, it is notable that all is a question of balance between the property right and its limitations. However, the limitations transform the property right. Indeed, it adapts to correspond to environmental or urban challenges, or to answer of the economic and social needs. In particular, the instrumentalisation of the property right creates new forms of appropriation : on the one hand, the dismemberments of its utilities constitute instrumental properties, and on the other hand its dematerialization reveals properties finalized by employing the value of the property right at specific ends. However, this adaptation does not mean that no limitation undermines the property right. To protect it the judges control the legality, the finality and especially the proportionality of the limitation in question. In the same way, they have an arsenal of sanctions. Even if this control seems reduced, the judges improved the qualification of the limitations, and they recognized the fundamental value of the property right. A manner of reconsidering the property right by its limitations thus appears to take shape
Triantafillou, George. « Golden Dawn and Front National : A Comparison of Ideological Discourse ». Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/34868.
Texte intégralKarlsson, Anton. « The Left-Right Scale : An analysis of its connection to preferences on economic issues ». Thesis, Linköpings universitet, Statsvetenskap, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-165611.
Texte intégralCarvalho, Joao. « Bringing politics back in : the impact of extreme-right parties on immigration policy in the UK, France and Italy during the 2000s ». Thesis, University of Sheffield, 2012. http://etheses.whiterose.ac.uk/2317/.
Texte intégralLorentz, Romain. « Duty v. Right : l'étendue du champ de la responsabilité civile : Etude de droit comparé (droit français et "common law") ». Paris 2, 2009. http://www.theses.fr/2009PA020004.
Texte intégralBourekhoum, Ouahab. « Le droit au logement en France et en Italie ». Phd thesis, Toulon, 2012. http://tel.archives-ouvertes.fr/tel-00879793.
Texte intégralLebon, Geoffroy. « Le droit "exclusif" de l'organisateur sportif ». Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0527.
Texte intégralThe sports organiser has, in France, a singular legal prerogative that grants him a sovereign control over the marketing of its sports events. Organized initially around a de facto monopoly, this reservation of the sporting spectacle is now fully laid down in article L. 333-1 of the sport code. However, due to the assignment of a laconic legal regime, the legal reception of the patrimonialization of the sporting fact leaves perplexing and imposes, in order to seize perfectly its meaning, to have to determine its nature. Not being satisfied either with the doctrinal qualification of sui generis law, or with the doctrinal qualification of neighboring rights legislation, the right of the sports organiser must be then regarded as a new right of intangible property. Indeed, the subjectivation of the sporting spectacle is intended to be the culmination of the transposition of the general concept of property right to the issue of the appropriation of sporting competition. In other words, article L. 333-1 of the sport code establishes an original ownership right which, beyond the incorporation of its object, directly bases its regime on what is at the heart of the singularity of competitive sports activity, namely the sporting uncertainty. Thus, beyond the specific provisions of the sport code, the sports organiser’s “exclusive” right must be directly inspired by the residual provisions of the civil code
Mammone, Andrea. « A transnational study of right-wing extremism in Italy and France with particular reference to the Movimento Sociale Italiano and the Front National ». Thesis, University of Leeds, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.491738.
Texte intégralBall, Alison Jane. « The limitations to the right to housing for the poor and disadvantaged in France : Insiders and outsiders in social housing allocation 2005-6 ». Thesis, University of Sheffield, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.489128.
Texte intégralSall, Fossar Badara. « L'étranger en situation irrégulière en France ». Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE2060.
Texte intégralImmigration is a constant phenomenon that has reached fearing proportions nowadays. Developed countries are more and more confronting it and France is not an exception. In front of this phenomenon which is now a bone of contention, France is striving for ways and means to fight against foreigners in irregular situation, hence the topicality of the issue. Even if the alien is in irregular situation is given rights the most fundamental, he benefits from is the right to health which is materialized by a set of measures State Medical Assistance (SMA), Emergency and Vital funds for health care, Permanencies for access to health care). The alien in irregular situation has also, for family matters, the right to marry, to pass a civil act of solidarity. The irregularity of his situation does not prevent him from having access to a shelter or opening an account. In terms of labour, the alien in irregular situation is excluded from the foreigners who are entitled for jobs. However, the exercise of an activity confers him rights granted by his employer and the social security. The foreigner in irregular situation is not a subject without rights but a subject with limited rights. This limitation is accentuated by constraints in effectiveness. France is fighting against foreigners in irregular situation, and generally against clandestine immigration. For this objective, a coercive apparatus is put in place with deportation as a key measure. The reaction of the French system is not only coercion because the soft approach is prioritized in some cases, meaning regularization. The European Union member countries sharing borders with France particularly, developed countries in general, are experiencing the problem of irregular aliens, even in varying degrees. With its generalization, it is becoming a European issue, hence the need of a coordination to fight efficiently against it. Externalization of the fight against irregular foreigners is in implementation. The universality of the phenomenon somehow imposes a comparative approach on some aspects, and an appreciation of the state of the art in France compared to other countries. Community and international legislations on national regulations participate in the maintenance of a balance between the respect of rights reserved for this category of foreigners through the benefit and exercise of rights by them, and the respect of legislation about immigration. In trying to achieve this balance a significant part is dedicated to jurisprudence because of the big number of litigation cases due to frequent referrals to the French court, or the European union court in order to ascertain violation - or not - of any right granted to illegal aliens, or in order to make a decision on all measures taken against them
Quenum, Cossi. « L'encadrement juridique du droit de grève : étude comparée Benin - France ». Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0650.
Texte intégralPenal offense and then contractual fault, the strike became a constitutional right in France and Benin. This consecration comes in paragraph 7 of the Preamble of the French Constitution: "the right to strike is exercised within the framework of the laws that regulate it". Article 31 of the Beninese Constitution of 11 December 1990 states: "The State recognizes and guarantees the right to strike. Any worker may defend his interests, either individually or collectively or through trade union action, as provided by law. The right to strike shall be exercised in accordance with the conditions laid down by law ". As the formulas adopted by the French and Beninese constituents were almost similar, it was the legislator who had the task of clarifying the scope of beneficiaries. In common, apart from some variable legal limitations, the right to strike is found both in the public sector and in the private sector. The Beninese and French legislators have specified the conditions under which the right to strike can be exercised and the formalities or procedures to be respected before the strike begins. The French legislature imposed guarantees on the exercise of the right to strike by opting for the principle of the suspension of the employment contract of the striking employee and the maintenance of employment if the strike takes place under certain conditions. Only the gross negligence attributable to the employee makes it possible to terminate the employment contract. The Beninese legislature has not expressly enacted the same rules, leaving the case law to protect and guarantee the exercise of this constitutional right. The powers traditionally recognized by the employer are subject to scrutiny when disciplinary proceedings are instituted against strikers or in the event of a pay deduction for strike action. Protection is only in favor of a strike based on professional demands. In order to properly exercise the right to strike, strikers must inform the employer in advance of their claim so that they can respond to it and avoid the strike if possible. The right to strike must be exercised in the permanent search for compatibility with other constitutional freedoms (property rights, freedom of enterprise, freedom of labor, etc.). There are voluntary conflict prevention and resolution procedures in both countries. The exercise of the right to strike is subject to the invocation of a superior interest such as the general interest, but also sometimes to the obligation imposed on employees to observe a minimum service or even to respond to a requisition order. The system of requisitioning strikers differs in its implementation in Benin and French law. On the other hand, the obligation to observe a long notice as well as the multiplication of preliminary remedies is part of strategies to delay or make difficult the strike. In Beninese law, as in French law, certain grounds or methods of strike are prohibited. By way of indication, the requirement to call a strike by a representative trade union in the public sector constitutes a point of divergence between Beninese and French rights. On the other hand, in both countries, the "statute" of an employee's striker does not preclude the possibility that, in the event of an abnormal exercise of the right to strike, civil or criminal liability may be exercised
YONKERS, ADAM THOMAS. « A GRAND COUNCIL : THE FORMATION OF A POLITICAL GENERATION AND THE LOWER ASSEMBLY OF THE FIRST CISALPINE REPUBLIC 1796-1799 ». Doctoral thesis, Università degli Studi di Milano, 2022. http://hdl.handle.net/2434/920434.
Texte intégralAudit, Pierre-Emmanuel. « La "naissance" des créances ». Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020060.
Texte intégralThe double-sided civil law notion of “obligation” divides into créance on the active side and debt on the passive side. It encompasses claims pursued against a wide variety of debtors, whether arising on the basis of contract, tort, or statute. Debates on the date when an obligation might arise (for example, date of contract as contrasted with time of performance or moment of breach) rest on the assumption that an obligation comes into existence at one point in time, which mechanically triggers the same legal consequences for all kinds of obligation. This thesis discusses the appropriateness of the concept which has been used in traditional French theory to characterize that moment (the naissance or “birth” of an obligation), the soundness of the method of reasoning which has led to treating this concept as the cause or explanation of the rules governing an obligation at a given date, and the validity of the idea that an obligation can be considered to come into existence at one specific moment. It then suggests another perspective, based on identifying presumptive dates for different categories of obligations, but subject always to verification of relevance for the particular issue(s) that may flow from the putative existence of the obligation
Lecame, Juliette. « Santé et droit(s) des étrangers en France ». Thesis, Normandie, 2018. http://www.theses.fr/2018NORMC039.
Texte intégralIn France there is a double movement, a permanent tension between the logic of foreigners' rights and that of human rights, which crystallizes on the health of non-nationals.Health is part of the special administrative police aiming at protecting the community from the risks induced by the arrival of sick foreigners. But there are other challenges besides the preservation of public health. The health of foreigners is used as a means of regulating migration flows and selecting individuals. However, the implementation of the so-called "chosen immigration" policy is governed by the fundamental rights gradually granted to foreigners.Health is also a right of foreigners residing in France to access the care necessary for their condition. This right is supported by the principles of equality and dignity, but also depends on their implementation by judges. The principle of equality thus leads to a categorisation of the right of access to healthcare according to the administrative situation of foreigners. This right also varies considerably and is sometimes limited to the sole benefit of vital and/or essential care. For migration but also financial considerations, judges choose to link it to the principle of dignity rather than to an autonomous right to health protection
Mabilat, Julie. « Les droits fondamentaux face au VIH-SIDA : étude comparative de l'Afrique du Sud, du Canada et de la France ». Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1028.
Texte intégralThe scientific development of HIV/AIDS cannot be told without its legal aspect. Indeed, the pandemic has raised many questions in terms of law, which led to the adoption of numerous legislations. Thus, the "serophobia", result of the powerlessness of medicine and science regarding this disease that seemed inexorable and of the fear due to the uncertainty about its origins and prophylaxis, has been followed by drastic reactions and an anathema thrown on certain populations. However, this medical scourge, that also became a social one, has permitted to fight against some injustices. Indeed, while since the nineteenth century, the response to an epidemic was very authoritarian, HIV/AIDS has changed the game and introduced a new concept of control of the latter, different from the classic design. A new perspective consisting of a more global thinking, was then introduced. From this, the respect for individual rights was no longer regarded as being contrary to public interest, but as a necessary element of public health. Therefore, after having been a Pandora's box for human rights violations, the response to HIV/AIDS has become, increasingly, a way to fight against the legal, traditional or religious national obstacles to the implementation of a legal protection equal to all. But despite this progress, some populations remain highly vulnerable to the infection. Thus, the scientific and legal story of HIV is far from over
Arbet, Maxime. « Le contrôle de l'administration sur les associations au XIXe siècle : l'exemple de l'Isère (1810-1901) ». Thesis, Grenoble, 2013. http://www.theses.fr/2013GREND010.
Texte intégralEstablished as a legal right through the law of 1901, the act of going into partnership and the act of joining together had been occurring in public circles from the 19th century on, despite the fact that these acts had been been banned by revolutionary decrees. This thesis uses as a focus the Isère Department, and analyses the French legal and administrative codes to scrutinise the real existence of a public freedom in its phase of construction. Using a theoretical framework which focuses on the French Departmental leader - the Préfet (the Prefect), this thesis will highlight the different administrative control and surveillance techniques as well as the adapatation of activity of its targeted groups. These adaptations were of a varied nature according their domain of business. To achieve this objective, this study is a legal and historical investigation on the practice of a fundamental public right before its legal acknowledgement
Yarroudh-Feurion, Louis. « Le statut de la santé des catégories vulnérables en milieu carcéral en France au regard du droit européen ». Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010260.
Texte intégralImprisonment in the eyes of penitentiary law remains the most extreme form of freedom deprivation. Theoretically imprisonment must not be detrimental to the freedom to corne and go. Nevertheless, in practise, being sentenced to confinement weighs heavily on numerous fundamental rights, the access to health being the foremost one. Moreover the protection of this right has been increased by the publishing of the European Prison Rules by the Council of Europe and the jurisprudence of the European human rights court focusing on the essential subjective rights acknowledged to the prisoners, on their detention regime, health, good order and safety of the penal establishments, the officers of the Prison Authorities, the control and inspection of prisons. In the eyes of inner laws and the European Right, all the prisoners are entitled to be medically taken care of, like any person at libertiy and the vulnerable groups to specific medical treatment. However the reality of public health in prison has enormously deteriorated : various drug addictions, poor and unbalanced diet, isolation, lack of sun and natural light, lack of hygiene and diverse nuisances. Therefore all these factors contribute to impair the prisoners' physical and mental health. More generally the undermining of exercising imprisoned people's right to health and/or health right, and more specifically, the vulnerable groups' health care rights under the same circumstances, calls for France, as a great contracting party of the European Human Rights Convention, to show serious awareness and for the European institutional requirements to be put in perspective, as regard this essential issue. Only the full respect of the European Right will enable to really acknowledge the status of patient on his/her own right, to every single one of the prisoners, with medical treatments adapted to the fragile detainees
El, Hadani Nadia. « Les débats parlementaires sur l'immigration : positions politiques et évolution thématique (1998-2016) ». Thesis, Toulouse 3, 2019. http://www.theses.fr/2019TOU30317.
Texte intégralThe National Assembly is the quintessential institution where identities and legitimacies are formed, which not only reflect the image of society but also display the image of society. The analysis of the parliamentary debates on immigration from 1998 to 2016 reveals a chronological evolution, marked by political or media events, both national and international, which reinforce the presence of such or such theme. Thus, the politicization of the immigration debate was a major turning point in the national discourse. While discourses on values first succeeded human concerns, today it is the managerial vocabulary that prevails namely: the management of asylum seekers, the control of migratory flows and international relations. Anti-immigration discourses, along with hardening and closure policies, are no longer based on ideological positions, but on principles of "realities", or supposed to be. This research intend to examine the parliamentary discourse on immigration, through a textometric analysis, using the free software IRaMuTeQ to show the evolution of themes related to immigration and draw the contours of the dominant discourse
Ochin, Cynthia. « Dignité humaine et droit de la génétique ». Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0023.
Texte intégralBioethical laws deal with genetics and biotechnology, fields where legal intervention and oversight is imperative. The current study examines the relationship between human dignity and these nascent laws. Each genetic manipulation is considered through the lens of human dignity, as a fundamental principle which must be conserved. The goal of this study is to analyse scientific accountability in regards to bioethical laws. These emergent laws authorize manipulations of the human genome only insofar as the procedures preserve human dignity. At the same time, this study attempts to demonstrate that dignity may be being used as a tool by legal concepts which find themselves subservient to science. It is thus arguably necessary to forestall a growing scientism by denouncing the appropriation of the concept, especially in regards to protecting humanity and controlling the modification of the human race. Human dignity must act as a safeguard against all forms of unethical utilisation of the human being. Nonetheless, a certain number of genetic manipulations are authorized, typically under strict and cumulative conditions. French laws provide the framework for some practices which implicate the human genome, considered both collectively and individually, for therapies which have already become routine, or which do not hinder the preservation of the patient’s dignity. Ultimately, this study adopts the perspective that the concept of human dignity is a determinant factor in the authorisation or interdiction of genetic manipulation. Implicated in both the organisation and the application of genetic laws, human dignity today appears subservient to these laws, satisfying the demands of a scientist society, under the guise of a benefit to humanity
Chapelle, Cédric. « L'expertise civile à l'épreuve des droits fondamentaux ». Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0033/document.
Texte intégralLaw is irrigated by fundamental rights in each of its branches. As a preferred instrument of civil procedure, the expertise is concerned by this phenomenon. Like for the trial, expertise and fundamental rights are intrinsic. However, the links between these two concepts can be described as complex : indeed, they suggest a collaboration and a confrontation. Thus, fundamental rights represent an ideal approach to reveal the potentials and the deficiencies of the expertise, to improve it and to participate in its renewal. The evolution of the notion of expertise as well as the expansion of fundamental rights are creating unprecedented issues that the law has to consider. Alongside the traditional judicial expertise, whose submission to the principle of fairness is no longer disputed, the trial welcomes non-judicial expertises whose regimes are still to be defined in order to comply with fundamental rights. This change in civil expertise is due to fundamental rights, whether procedural or subjective. This thesis does not only intend to put the various forms of civil expertise in opposition, it also plans to establish them as reciprocal models. This thesis also reveals the different functions of fundamental rights in the development of civil expertise. On the one hand, it is their protective role that has been put forward. This means that fundamental rights must be respected during the conduct of a measure of expertise, judicial and non-judicial. A measure of instruction can be qualified as effective only in this case. On the other hand, it is the creative function of fundamental rights that has been revealed in this study. Issues relating to the rights to judicial expertise and non-judicial expertise is the result of an extension of the philosophy of specific fundamental rights. This creative role certainly contributes to the transformations of civil expertise
Moulin, Cécile. « La recherche d'un équilibre entre le droit à l'information de la parentèle et le droit au secret du patient au gré de l'évolution de la médecine génétique ». Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0775.
Texte intégralThe recent attraction of the French authorities for the development of the genetic medicine drew our attention. The establishment of the project "France genomic 2025” tends to place the genetic medicine in the center of the medical services. However, it engenders complex ethical and legal questions. The interest of the relatives to be informed in case of a serious risk for their health have raised wide debates. The protection of the health of these third parties in the patient—physician relationship enters in conflict with the patient’s right of confidentiality. French authorities were among the first to try to create a balance between those two interests. The objective of this analysis will be to identify the difficulties met by the parliament and to propose solutions to advance the French law in its research of creation of a just balance between the rights of the patients and the allies. This joint study of the French and foreign rights will lead us to propose the creation of a new tool of balance in the service of the public health
Dubois, Jean-Etienne. « Leçon d'histoire pour une droite dans l'opposition ? : les mobilisations de droite contre le Cartel des gauches dans la France des années Vingt ». Thesis, Clermont-Ferrand 2, 2013. http://www.theses.fr/2013CLF20031/document.
Texte intégralIn the mid-twenties, France was achieving its reconstruction, both economical and political. In 1924, and for the first time since the beginning of the century, the general election took place in a context of a clear bipolarization between left and right, which had a structuring effect on French political field. The victory of the Cartel des gauches at this election appears as a political break-point, that the historiography about political life during interwar years has rather neglected since Jean-Noël Jeanneney’s studies upon Cartel des gauches in the seventies. The organizations of the right-wing learnt a few important lessons from this period when they were in the parliamentary opposition. The most important one was that the political majority coming out democratic election could be changed in the middle of the parliamentary legislature. Indeed, in July 1926, weakened by the growing divisions between radicals and socialists incapable of giving an answer to the increasing financial and monetary crisis, the cartellist majority fell definitely. Raymond Poincaré, the main opponent of the left in 1924, came back to the Council presidency, leading a new parliamentary majority of national union. When the right had been defeated again in 1932 and 1936, it remembered this precedent. Another lesson was that the various social and political mobilizations against the Cartel des gauches had played a significant role to weaken the socialist and radical majority. The community movements, such as catholic or professional ones, and the political organizations mobilized in this period, built a culture and abilities of being in political opposition, that they have reactivated later during the interwar years. This episode proved also the persistence, in political opposition, of structural divisions of the political field of the French right-wing, due to the permanence of doctrinal and strategic splits (the first ones about questions of secularism, foreign policy or parliamentary nature of institutions; the second ones about the political attitude toward the radicals, between uncompromising attitude and conciliation). These divisions, but also the nature of the political debates and the political practices which were developed during these two years, had lasted until the mid-thirties
Viktorovitch, Clément. « Parler, pour quoi faire ? : la délibération parlementaire à l’Assemblée nationale et au Sénat (2008-2012) ». Thesis, Paris, Institut d'études politiques, 2013. http://www.theses.fr/2013IEPP0068.
Texte intégralDeliberative democracy theories allow two different dialogical and rhetorical models which both give a central role to the Parliament: elaborating decisions by way of deliberative discussion and contributing to the formation of the citizens’ judgement by way of contradictory debates. This thesis explores the empirical foundations of these models. Through the argumentative analysis of public session debates and the ethnographical observation of exchanges in committees, it compares the normative ideal to the practices of the French Parliament. Deliberative discussions and contradictory debates thus reveal themselves to be an integral part of parliamentary interactions. Deliberative discussion is mainly deployed in the Sénat and in committees, even though it sometimes emerges at the Assemblée nationale and during public sessions. Its influence on legislation remains limited though not entirely insignificant. On the other hand, the hemicycle of the Assemblée nationale appears to be a prime space for contradictory debate. These results advocate for a bicameral system, which allows the educational and legislative aspects of parliamentary debates to be reconciled. They also highlight the uncertainty of public sessions: far from being restricted to the registering of governmental decisions, these sessions are frequently used to arbitrate and elaborate decisions. Finally, through the inductive analysis of the collected data, this study is the opportunity to put forward a contribution to political theory: identifying the argumentative characteristics of deliberative discussion, confirming and pointing out the virtues of contradictory debate, and clarifying the effects of an in camera environment on discussions
Esteve, Alexandre. « Le député français ». Thesis, Limoges, 2018. http://www.theses.fr/2018LIMO0026/document.
Texte intégralIn the space of sixty years, the Constitution of 4th October 1958 has undergone many legal and political changes. However, one thing has remained: streamlined parliamentarianism. Considering the changes since 1958 and the aspirations of the French people for the modernisation and the rebalancing of the institutions of the Fifth Republic, in 2008 the constituent power worked on upgrading the role of the Parliament and proposed to improve the attractiveness of the parliamentarian function. After ten years of experience, it is clear that the potential improvements have not taken place. At the same time, the democratic requirements of the French have evolved. Hence, what was acceptable yesterday may not be today. This is true for the advantages, traditional practices, individual or collective behaviours of policy makers. Consequently, it may be asked what an MP of the Fifth Republic should be, in both status and function.This study shows that the status of the MP should be strengthened, notably with regard to the resources allocated to the MP, as well as rights and guarantees to allow greater mobility between the mandate and the professional activity of the elected representative, and to improve the representativeness of the MP through the opening up of the Assembly to a new audience. Also, the institutional system within which parliamentary work is performed must be more flexible to return the MP to his/her role as a legislator and overseer of government action. Finally, constituency work must not be neglected because it allows the MP to better carry out his/her legislative and overseeing missions
Beckerich-Davilma, Stéphanie. « Constitution et assemblée régionales : Étude comparée des expériences française, italienne et espagnole ». Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0098.
Texte intégralWithin the French, Italian and Spanish Constitutions, the direct references to laws regulating regional assemblies are rare, yet determining. Regional autonomy in any of the three countries entails the existence of an assembly, having a representative nature and a deliberative character, regardless of whether the national state of the given country exists in a decentralized or regional form. The nature and internal rules of the regional assemblies are conditioned by the extent to which they are recognized in the constitutions of their respective countries. This comparative study examines the laws governing the regional assemblies, through the prism of constitutional law, and shows that their normative sources are structured by the Constitutions. Different principles of parliamentary law protect the assemblies' structural and functional autonomy, and serve as guarantees for the constitutional exigencies they are submitted to, no matter the value of the normative sources. The constitutions prescribe the minimum threshold for the level of harmonization between parliamentary and regional assembly laws. Yet, a regional assembly cannot be equated with the parliament of a unitary state, and as a consequence, the transposition of laws does not target the inherent principles of each assembly’s particular nature. Hence, there is also a maximum threshold of harmonization that cannot be exceeded. Further, regional assembly law may deviate from parliamentary law and take an innovative form in order to secure the assemblies' functions through the accommodation of their specificities.To give regional assemblies the means to exercise their functions, either through the application of rules governed by parliamentary law or by the creation of particular rules at the regional level, is to guarantee the regions' autonomy as defined by the Constitutions
Devard, Jérôme. « Parenté et Pouvoir(s) dans la matière de France et le roman de Renart : approche socio-juridique de la représentation familiale aux XIIe-XIIIe siècles ». Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT5004.
Texte intégralIn spite of the contributions of the legal anthropology, the study of the standard through the medieval narrative sources is even nowadays in the embryonic state. The historians of the law remain attached, very logically, to the study of the formalized and coercive standard, whereas the historians of the social facts remain cautious as for the informative capacity of the literary sources. Wishing to overtake this cultural cleavage, this thesis renews the sources of the legal analysis, by resorting to the medieval fictions of the XIIe-XIIIe century. The normative processes studied in the fault the prism of the kinship in the Matière de France and Le Roman de Renart reveal a coherent representation of the social organization, leaning at the same time on the secular realities of the judicial system. of the XIIe-XIIIe centuries, but also on the poetic anastylose of practices and standards inherited from Merovingian and Carolingian times. The fictional normative system thus bases on the contemporary standards, on the imperfect memory of the previous standards, but also on the plurality of values and codified behavior. So, the medieval fictions are not only " judicial machines ", but also many " normative machines ", which include not only the recognized standard or the accepted ruler, in other words the "juridicité" of the previous and contemporary judicial practice in the XIIe-XIIIe centuries, as well as its representations or reconstructions, but also a system of moral and behavioral references. Besides, ff the texts, both matrix sources of normativity are unmistakably the submission and the kinship, the legal rules which ensue from it, appear very often as being auxiliary of will: their respect or their mistrust depends at the same time on interests, on aspiration and on postures of an individual, but also on fictional constraints which narratives determine between them
Gobert, Perle. « La genèse de la propriété industrielle en France ». Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0136/document.
Texte intégral: The right of the industrial property seems like a recent right in the French legal landscape, but this assumption is wrong. Its presence was confirmed as of the beginning of the artistic and artisanal practices during the Antiquity. The awakening of its existence and its utility wi-thin the company however was intensified at the XVIIIth century, in particular at the time of the French revolution of 1789, during the moment of its legal construction and its recognition.The right of the industrial property, starting from the revolutionary events became the chal-lenge of an intellectual development as well as a legal development. Many debates on behalf of the creators and inventors show rage regarding the political institutions, so that this right is acknowledged and standardized. The result of these intellectual combats, thanks to the mul-tiple reflections of the doctrines and jurisprudence transforms the patent right into a normative right falling under legal scheduling.Next to this legislative organization, the right of the industrial property is also the subject of many interrogations as for the political and economic circumstances, which allowed it's blos-soming. The right of the industrial property modulated according to the whole set of laws; ju-risprudences; the doctrines; politics and economics, tries to give him stable legal structures. He affirms himself as a protean right, whose national range relating to the inventors and the creators in the recognition of their right, takes an international dimension, trying to organize and harmonize the economic relations of the Nations
Walravens, Arnaud. « Le droit de préemption ». Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020072.
Texte intégralProperty right (jus proprietatis) and contractual freedom establish the right for every owner to choose the person to whom he may wish to sell his property. There are nevertheless hypotheses where the legislator granted to some persons, by his own authority, a right of pre-emption which allows them to be preferred to others when concluding the sale contract. Right of preemption remains, however, a badly known and controversial institution, as the legislator established a very great quantity of rights of preemption, according to his political ambitions, and endowed each of these rights of a specific legal regime. The fact that he hardly worried to confer on them any coherence generates many conflicts between rights of preemption, or between a right of preemption and another legal institution. Besides, general interest, which justifies right of preemption and requires that its domain be limited to strict minimum as well as the guarantees granted to the concerned persons, does not dissuade the legislator to strengthen constantly the influence of this institution. These data, which illustrate the purposes of right of preemption, do inevitably influence its notion : indeed, they lead to consider that the service expected from the seller, which is to propose by priority the acquisition of his property to the beneficiary, is constituting the basis of right of preemption. The regime and the effectiveness of all the rights of preemption are based upon that service. It becomes then possible to suggest a new definition of right of preemption and to establish its legal nature from property right. Two criteria of delimitation of right of preemption can be also proposed, the first one resting on its legal source, the second resulting from the determination of the moment of its intervention, which is not without practical consequence
Manga, Dominique. « La protection juridique de l’usager du médicament en France et au Japon ». Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1029.
Texte intégralIn former and modern societies, health has been and still is a crucial concern. It is the sign of the community’s and the individual’s well-being. In the setting of access to health that is a right for all, the drug has an important place in France and in Japan, which are countries where life expectancy and level of life are high and keeps on increasing. It is in consideration of this, that we are asking ourselves, through this thesis, about the drug user's right place in drug regulation in France and Japan which are countries different by their culture but sometimes converging in law.We can validly hold up that a good health system can be recognized by the level of protection given to the drug user. But this is not so easy because various interests are at stake. It is important to know how these kinds of conflicts are solved in drug law: is it human or science which is protected? If we can hold up that the protection of the "scientific human" exists, we have to research the reality of the existence of rules insuring a “more human” science. We know and it has been said that the field of health, emotional, individualistic, structured in strong lobbies and often capitalistic, is very difficult to comprehend