Littérature scientifique sur le sujet « Limitation of actions – Human rights »
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Articles de revues sur le sujet "Limitation of actions – Human rights"
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Slobodchikova, Svetlana. « Realization of the Rights of Convicts in the Russian Constitutional-Legal Model of Free Elections ». Russian Journal of Criminology 13, no 6 (26 décembre 2019) : 932–40. http://dx.doi.org/10.17150/2500-4255.2019.13(6).932-940.
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The author studies retrospective and modern categories of admissible limitations of the constitutional right of a person to elect others and to be elected for appointment into bodies of public authority and public offices if they have committed grave or very grave crimes. The author also gives a contemporary assessment of the normative introduction of such limitations in the election field taking into account the legal positions in international and Russian court practice. It is argued that the current Russian constitutional-legal model of free elections has an undifferentiated limitation of active suffrage for persons sentenced to a criminal punishment with a limitation of freedom. The author analyzes the court practice regarding the lawfulness and adequacy of undifferentiating limitation of suffrage rights of convicts, specifically, the legal position of the European Court of Human Rights and the Constitutional Court of the Russian Federation. It is shown that some regimes of incarceration should be transferred into alternative types of punishment that do not entail the limitations of active suffrage. It is stated that there could be more stringent limitation for the realization of passive suffrage than for realization of the constitutional right to elect representatives into bodies of public authority and public offices, especially in cases of grave and very grave crimes. The author concludes that the limitations imposed by the federal legislation regarding the constitutional right to suffrage for persons guilty of grave or very grave crimes is admissible, no matter if the criminal punishment for such publically dangerous and illegal actions is conditional or it is an actual imprisonment in a penitentiary institution.
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LITYNSKA, Y. G., et O. V. KARPENKO. « Self-isolation as an Anti-epidemiological Measure : Protection or Violation of Human Rights ». Medicne pravo 2020, no 2 (18 octobre 2020) : 49–66. http://dx.doi.org/10.25040/medicallaw2020.02.049.
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In this article we review the legal regulation of an obligation to self-isolatein Ukraine. For the period from 22 April 2020 till 22 June 2020 four groupsof persons were obliged to self-isolate due to COVID-19. These groups are:persons diagnosed with or suspected to have COVID-19, persons that havebeen in contact with those diagnosed with COVID-19, those who consentedto self-isolation when entering Ukrainian borders instead of being placed inspecial facilities, and everyone aged 60 and above. In the article, we analysewhether an obligation to self-isolate should be viewed as interference with the right to liberty and security or with the freedom of movement for eachof these groups. The analysis focuses on the Constitution of Ukraine and theEuropean Convention for the Protection of Human Rights and FundamentalFreedoms. We also study circumstances when the above-mentioned rights canbe limited lawfully in cases related to spread of infectious diseases, such asCOVID-19. This article questions if the actions of Ukrainian government andexisting legal regulation of obligatory self-isolation meet the requirements oflawful limitation of rights. Key words: self-isolation, right to liberty and security, freedom of movement,ECHR; COVID-19.
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Staniszewska, Lucyna, et Ucha Zakashvili. « Legal-comparative aspects of expropriations on the example of legal regulations in Georgia and Poland ». Nieruchomości@ Specjalne, no V (15 décembre 2021) : 377–88. http://dx.doi.org/10.5604/01.3001.0015.5923.
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In both the countries, i.e. Poland and Georgia, administrative bodies carry out expropriations not only on the basis of individual administrative acts, in accordance with the classic concept of expropriation, but also through planning acts. Derogation from this right in whole or in part is therefore a consequence of legal action of the administration. In the case of expropriation, deprivation of property may in fact “result from actions by the state which, although not directly aimed at depriving the owner of its property rights (in other words, as a result of which the owner does not lose their legal title to the property), yet they have the same effect, not only in fact, but also in law, as expropriation in the formal sense” . However, such significant public interference is not considered expropriation and is therefore not accompanied by any adequate compensation. In its jurisprudence, the European Court of Human Rights regularly emphasises that in order to assess whether an expropriation has taken place, one should rely not only on formal but also material considerations, and the limitation on the possibility of exercising this right by the local spatial development plan meets the conditions for interference with the ownership of real estate within the meaning of Article 1 of Protocol No. 1 to the European Convention on Human Rights.
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Suntoro, Agus, Nurrahman Aji Utomo et Sapto Hermawan. « THE EXIGENCY OF HUMAN RIGHTS APPROACHES IN THE INTERCEPTION OF COMMUNICATION BILL : An Effort to Strengthen the Indonesian Criminal Justice Systems ». Jurnal Hukum dan Peradilan 9, no 2 (17 septembre 2020) : 186. http://dx.doi.org/10.25216/jhp.9.2.2020.186-210.
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Tapping in a human rights perspective is a form of limitation of the right to privacy. As an effort to guarantee human rights protection, tapping as a part of The Interception of Communication Bill arrangements must be following the principles of human rights restrictions. Some of the anomalies in The Interception of Communication Bill appear in vague forms and open up the broad ways of potential violations of individual rights. For this reason, the principles of legality and prudence as a form of control over government actions need to offset the urgency of tapping. Data collection methods use discussions and interviews to enrich and test secondary data findings. This research stipulates that The Interception of Communication Bill use tapping as an induced instrument in criminal law enforcement. At the same time, tapping is regulated regardless of the readiness of the legal apparatus; this naturally raises technical problems in the matter of implementation and opens the door to abuse of authority. Furthermore, based on the need for comprehensive regulation, it is necessary to look at a comprehensive regulatory scheme in the legal system. The functional control that is in line with the tapping mechanism needs to look at the character of the Indonesian criminal justice system.
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VARLAMOVA, NATALIA V. « DIGITAL RIGHTS — NEW GENERATION OF HUMAN RIGHTS ? » Proceedings of the Institute of State and Law of the RAS 14, no 5 (12 décembre 2019) : 141–67. http://dx.doi.org/10.35427/2073-4522-2019-14-5-varlamova.
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Among the digital rights, besides the right for internet access that was the subject of consideration in the first part of the article, there are also a right to per-so nal data protection and a right to be forgotten (right to erasure).The right to personal data protection is usually enshrined at the supranational and national levels and is protected by the courts as an aspect of the right to privacy. As an independent fundamental right of a constitutional nature the right to personal data protection is enshrined in EU law. Nevertheless, all attempts to doctrinally justify the existence of certain aspects of this right, beyond the claims to the right to privacy, can not be considered successful. The Court of Justice of the EU, while dealing with the relevant cases in order to determine whether certain methods of processing personal data are legitimate, also refers to the right to privacy, considering these rights to be closely interrelated. The right to personal data protection provides additional (including procedural) guarantees of respect for privacy, human dignity and some other rights, but the purpose of these guarantees is precisely the content of the providing rights. The right to be forgotten (right to erasure) is one of the positive obligations with regard to the personal data protection. This right implies correction, deletion or termination of the processing of personal data at the request of their subject in the presence of a reason for this (when the relevant actions are carried out in violation of the principles of data processing or provisions of the legislation). Analogs of this right are the Latin American orders of habeas data, as well as the right of a person to demand the refutation of information discrediting his honor, dignity and business reputation, in case of their inconsistency with reality under civil law and the legislation on mass media. In digital age the importance of this right is increased by the fact that information posted on the Internet remains easily accessible for an indefinite, almost unlimited, time.This caused the extension of the right to be forgotten to information that is consistent to reality, but has lost its relevance and significance, however, continues to have an adverse impact on the reputation of the person concerned. At the same time, the realization of the right to be forgotten in respect of information posted online is connected with a number of technical problems that require legal solutions.In general, digitalization does not create new human rights of a fundamentally different legal nature. It only actualizes or smooths certain aspects of long-recognized rights, transfers their operation into the virtual space, creates new opportunities for their realization and generates new threats to them. Ensuring human rights in modern conditions involves the search for adequate legal solutions, taking into account the opportunities and limitations generated by digital technologies.
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Zhebit, A. « Human Rights in a Pandemic ». Outlines of global transformations : politics, economics, law 13, no 5 (27 novembre 2020) : 219–52. http://dx.doi.org/10.23932/2542-0240-2020-13-5-13.
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The article is focused on the problem of human rights (HRs), limited or derogated from, due to the Covid-19 pandemic. While addressing some HRs limitations, derogations and even abuses, and their consequent problems, the aim is to try to analyze policy, social, moral and personal dilemmas of HRs restrictions as well as motivations behind the types of public and social behavior, in the course of the pandemic, in response to the public measures of sanitation, social distancing and confinement, travel restrictions and social assistance, recommended by the WHO and selectively followed by governments. Learning from some old experience and deriving new lessons from the pandemic, as well as from public and social actions and reactions, the purpose of the present article is to assess whether or not public health policies in this context, implemented nationally or internationally, can promote change in the HRs paradigm in the face of the existing dilemmas and dichotomies in HRs, aggravated by the pandemic. The conclusion is that the extant HRs paradigm should be redefined to address better the political, social, economic, environmental and, especially, existential exigencies of “rainy times”, thus leading to the creation of a new universal HRs code or to harmonizing the existing one.
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Iksanov, I. S. « The Role of the European Court of Justice in the Protection of Human Rights and Freedoms ». Humanities and Social Sciences. Bulletin of the Financial University 9, no 3 (4 décembre 2019) : 73–76. http://dx.doi.org/10.26794/2226-7867-2019-9-3-73-76.
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The article discusses the role of the European Court of Justice, the specifics of its activities, and its goals. The author also touches upon the historical aspect of the development of the European Court. According to the author, the European Court of Justice has had a beneficial effect on the development of the rights granted by Union citizenship. The actions of the European Court of Justice have created new ground for persons with Union citizenship, increasing access to social benefits beyond the rights of economic migrants, for all those who exercise their European rights. The European Court of Justice sought to allow students to travel for their education, looking for new ways to ensure their free movement and learning with funding in the event of unforeseen events. It is essential that the court focuses on three core values so that citizenship does not become a limitation: nondiscrimination, the right to freedom of movement and the right to family life. The European court of human rights is an international judicial body; its jurisdiction extends to all member States of the Union. The main thing for the European Court of Justice is to ensure compliance with and enforcement of the Convention by the States parties. Also, when considering cases, the Court can point to gaps in legislation and issues concerning law enforcement practice, positively influencing law enforcement policy and legal proceedings, and, as a result, contribute to the improvement of the law enforcement system. This article reflects the activities of the European Court of Justice aimed at identifying the problematic aspects of the legislation of the European Union.
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OPOLSKA, Natalya. « LIMITATION OF THE RIGHT TO FREEDOM OF CREATIVITY IN PRECEDENTIAL PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS ». "EСONOMY. FINANСES. MANAGEMENT : Topical issues of science and practical activity", no 1 (41) (janvier 2019) : 187–200. http://dx.doi.org/10.37128/2411-4413-2019-1-15.
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The article examines the main criteria for the legitimacy of restriction the right to freedom of creation in the practice of the European Court of Human Rights, in particular, legitimacy (legality) – the restriction of the right to freedom of creation should be provided for by international and national legislation, the purpose of which is to restrict the right to freedom of creation to be justified, coherent purpose, consistent with the principle proportionality and not to go beyond the bounds of necessity; content – restrictions on the freedom of creation can not be interpreted expanded, correspond to the basic content of freedom of creation and its social purpose. It has been determined that in the practice of the European Court of Human Rights there are various legal positions regarding the restriction of the right to freedom of creation. In order to streamline the practice of applying the Convention, since compliance with the precedent not only meets the requirements of the independence and impartiality of the Court, but also reflects the very essence of judicial policy, consider the most typical decisions of the ECtHR in complaints about limiting the right to freedom of creation. It is concluded that in each case dealt with by the ECtHR, there are grounds for making a decision both in favor of the complainants and in support of governments for limiting the freedom of creativity. The importance of the above mentioned restrictions on the right to freedom of creativity in the case law of the European Court of Human Rights is that: - first, they relate to pressing issues concerning the restriction of freedom of creation, as the competence of the right to freedom of expression, which is enshrined in Art. 10 of the Convention; - second, in the cases cited above, the ECtHR ruled that convictions were not in these cases in violation of Article 10 of the Convention and supported the position of national courts in interfering with freedom of expression of the arts; - Thirdly, the decision of the ECHR points to the absence of a single international concept of "public morality", from which it can be concluded that it is expedient to determine the general tendencies in the development of modern morals of mankind; - fourthly, the decision of the ECtHR in complaints concerning the restriction of the right to freedom of creativity, which infringes religious feelings of the population, norms of social ethics and morals, provided that the state intervention was carried out with a high degree of conviction in its expediency, the court turns to the side national courts. Relevant restrictions on the freedom of creativity are considered legitimate if they are aimed at preventing neglect of the feelings of national minorities or believers in protecting the most vulnerable categories of the audience (children) if there is a danger that they may have access to this information. However, we are talking about well-considered decisions, since under the same slogans censorship and other undemocratic institutions can be introduced, and here the important point of the ECHR as a guarantor of the Convention is considered. It is determined that in the European legal tradition, the freedom of creativity is closely connected with the restrictions, the need for which must be proved with a high degree of their legitimacy (legality), proportionality and expediency (purpose). The analysis of judgments of the European Court of Human Rights concerning the violation of Article 10 of the Convention made it possible to summarize the case law of the ECHR in the area of restricting the right to freedom of creation and to divide it into three groups, depending on the grounds for interference of the states in the freedom of creativity: Restriction of the right to freedom of creativity in order to protect health; Restrictions on the right to freedom of creativity that are necessary in a democratic society in the interests of national security, territorial integrity or public security, in order to prevent riots or crimes; Restriction of the right to freedom of creativity in order to protect the reputation or rights of others. When restricting the right to freedom of creativity in order to protect the health or morals of others, the case law of the ECtHR recognizes a broad discretion by the states. In resolving the question of the limits of state intervention in order to protect public morality, the Court proceeds from the absence of a single coherent international concept of "public morality". The limits of freedom of creativity are set by the states in accordance with the norms of social ethics and morals. Relevant restrictions on the freedom of creativity are considered legitimate if they are aimed at preventing neglect of the feelings of national minorities or believers, to protect the most vulnerable categories of the audience (children), etc. (“Müller and Others v. Switzerland”, "Handyside v. Great Britain", "Otto Preminger v. Austria"). The restrictions on creativity in the practice of the ECHR in cases involving encroachments on the democratic foundations of society in the interests of national security, territorial integrity or public security, in order to prevent riots or crimes are relatively narrower. The precedent of such decisions in assessing the validity of government actions, their determinants of urgent social need, proportionality and compliance with the legitimate aim. When interfering with the right to freedom of creativity, an analysis of the balance between the restrictions that are necessary in a democratic society and the right to freedom of expression are considered. Summing up the practice of the ECHR concerning restrictions on the freedom of creativity that are necessary in a democratic society.
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Kulesza, Jan. « Społeczne niebezpieczeństwo czynu jako warunek kryminalizacji ». Nowa Kodyfikacja Prawa Karnego 43 (16 mai 2017) : 327–47. http://dx.doi.org/10.19195/2084-5065.43.18.
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Criminalization conditioned by a social threatA human action in order to be criminalized must be deemed socially harmful. In the social realm it is necessary to identify an action perceived as potentially harmful to legally protected values, that is one infringing upon them or threatening them to a degree exceeding socially accepted limits, one that is required or expected to be criminalized. The social threat as a particular characteristic of a human action serves as the broadest justification hence a verification and a rationalization of a criminal prohibition. The presumed abstract social harm a threat of an action which is to be criminalized serves as the lawmaker’s prerequisite for criminalization. Its constitutional foundations lie in the principles of a democratic state and the consecutive principle of proportionality is perceived broadly as a guarantee against the criminalization of actions that do not pose a social threat or ones that exercise individual rights and freedoms granted within the constitution. Penalizing actions that pose no social threat is a violation of the constitution. The notion of a social threat plays therefore a dual role. It obliges t he lawmaker to act in cases when the threat to individual rights and freedoms exceeds the socially acceptable level, including the obligation to introduce criminal measures against any particularly harmful infringement of those rights, but also the need to intervene in order to protect the values shared within a society. In the latter case the potential criminalization is originated within the principles and values expressed in Articles 2 and 5 of the Polish constitution. On the other hand, the potential social harm of an action serves as a safeguard against a too far reaching legal interference in individual rights and freedoms. This purpose is expressed in Article 31 para. 3 of the constitution. This limitative clause is to warrant the right balance between the protection of individual rights and freedoms or the protection of shared social values and state interference in those individual rights and freedoms necessary to ensure such protection.
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Tsololo, V., et D. Filipskyi. « Human rights as a tool limiting state power ». Uzhhorod National University Herald. Series : Law, no 69 (15 avril 2022) : 84–88. http://dx.doi.org/10.24144/2307-3322.2021.69.13.
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This article is devoted to the study of the limitation of state power through the concept of human rights. Numerous scientific researches and publications are devoted to the question of the balance of interests of the state and the person, the main purpose of which is to try to find and establish parity and balance between private and public. Speaking about human rights as an instrument of limiting state power, based on the idea that in today's world there are almost no absolute, unlimited rights, the authors emphasize the importance of restrictions imposed by the state, which must be commensurate and established by law. The article discusses the need to establish and have clear criteria for restricting human rights at the legislative and constitutional levels. This will be a guarantee against arbitrary actions of the state to reduce the scope of law enforcement of the individual and will act as a safeguard (factor) of limiting state power. In their work, the authors highlight the elements that form the basis and underlying the concept of restricting human rights and emphasize the positive and negative obligations of the state, as those that set the boundaries of public authority. Considering this issue, the authors explore the priority of human rights and refer to the rule of recognizing each individual as a full participant in legal relations, along with the inadmissibility of the individual as the object of such interaction, obliging public authorities to respect self-realization. The relevance of this publication indicates the need to find a balance and clearly delineate and distinguish the boundaries, elements, criteria and relations between man and the state, which is the guarantor of the realization and inviolability of rights, and in case of such violation - the guarantor of their protection. Nowadays, this topic is especially relevant for modern democratic societies, given the constant expansion of human rights, the practice of international (European) and national courts. Thus, the best possible understanding of the content of the concept of human rights as an instrument of limiting state power will promote their proper implementation and act as a guarantor of their security.
Thèses sur le sujet "Limitation of actions – Human rights"
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Reyburn, Philippa. « The constitutional requirement of legality in limitation of human rights ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0005/MQ46037.pdf.
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Tortell, Lisa Ann. « Monetary remedies for breach of human rights : a comparative study / ». Oxford [u.a.] : Hart, 2006. http://www.loc.gov/catdir/toc/fy0709/2007272768.html.
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Rich, Samantha. « State actions and response following instances of politicide ». Diss., Columbia, Mo. : University of Missouri-Columbia, 2008. http://hdl.handle.net/10355/5624.
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Thesis (M.A.)--University of Missouri-Columbia, 2008.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on September 12, 2008) Vita. Includes bibliographical references.
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Larocque, François J. « Civil actions for uncivilised acts : transnational human rights proceedings in the common law tradition ». Thesis, University of Cambridge, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612088.
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Moosa, Fareed. « The 1996 Constitution and the Tax Administration Act 28 of 2011 : balancing efficient and effective tax administration with taxpayers' rights ». Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5532.
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Doctor Legum - LLDTaxation is fundamental for development in South Africa (SA), a developing country with an emerging economy in which taxation is essential to capacitate the government so that it can fulfil its mandate under the Constitution of the Republic of South Africa, 1996 (Constitution). This mandate includes bringing about socio-economic transformation, part of transformative constitutionalism, through progressively realising socio-economic rights. This dissertation examines the way in which tax administration may take place efficiently and effectively with due respect for taxpayers' rights. A clear link is shown between taxation, human rights and the South African government's responsibilities to attain its transformation targets. To facilitate this process, the Constitution creates a legal framework for the imposition of tax and for the equitable distribution of tax revenue among the three spheres of government. For historical, political and other reasons, South Africans generally, as happens elsewhere in the world, lack a strong culture of voluntary tax compliance. Wilful non-payment of tax is antithetical to the values of democracy, ubuntu and the rule of law. Tax non-compliance minimises revenue collected from taxation. This, in turn, hinders the attainment of transformation in all its facets. A pressing need exists for laws that, on the one hand, promote tax morality and, on the other, strengthen the South African Revenue Service (SARS) so that it can effectively administer SA's national tax system (or grid). To this end, the Tax Administration Act 28 of 2011 (TAA) is pivotal. It regulates tax administration, a part of public administration. Under the Constitution, SARS is obliged to execute its functions in a manner respectful of taxpayers' rights and that upholds the Constitution’s values and democratic principles. Consequently, the TAA must strike a fair balance between, on the one hand, protecting taxpayers' rights and, on the other, arming SARS with adequate powers with which it can effectively combat the mischief of tax non-compliance. This dissertation shows that, when viewed through the prism of s 36 of the Bill of Rights (BOR), the powers conferred on SARS by ss 45(1), (2), 63(1) and (4) of the TAA to conduct warrantless inspections and searches, as the case may be, limit taxpayers' rights to, inter alia, privacy. It concludes that, whilst ss 63(1) and (4) ought to pass muster, ss 45(1) and (2) are susceptible to a declaration of invalidity under s 172(1) of the Constitution.
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Netshitahame, Nyadzanga Evelyn. « An analysis of learners' knowledge and understanding of human rights in South Africa ». Thesis, Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-10172008-130614.
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Birden, Emre. « La limitation des droits de l'homme au nom de la morale : étude de la jurisprudence de la Cour européenne des droits de l'homme ». Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020042.
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Cette étude traite de la question de l’inter-normativité entre le droit et la morale dans le domaine spécifique de la limitation des droits de l’homme au nom de la morale, et dans le champ juridique formé par la jurisprudence de la Cour européenne des droits de l’homme. Même si la Convention européenne comporte déjà un but de restriction de la protection de la morale, le sujet de la thèse requiert une conceptualisation plus large et moins formelle du phénomène à analyser. La notion de « norme morale limitative » peut alors être utilisée pour couvrir l’ensemble des modes de pertinence de la morale en sa fonction de limitation des droits. La thèse examine l’introduction de la norme morale limitative dans le contentieux européen à travers l’inter-normative nationale, et vérifie son niveau de pertinence lors de la désignation de l’applicabilité de la Convention. Elle établit le contexte axiologique de l’ordre public européen dans lequel la norme morale est évaluée. L’examen de la question, en tenant compte des différents types de valeur que la norme morale peut viser à protéger ou promouvoir, met en lumière l’affaiblissement juridique des motifs moralistes et paternalistes dans la justification de la limitation des droits. En revanche, la norme morale limitative devient plus difficilement contestable dans l’argumentation lorsqu’elle se veut protectrice d’autrui. Toutefois, la zone d’interférence entre la morale et la protection d’autrui est en mutation. Ce dernier facteur devient exclusivement pertinent dans le domaine des conflits axiologiques émergents, en limitant la norme morale limitative à des matières de réglementation plus classiquesThe thesis deals with the question of inter-normativity between the law and the moral in the specific context of limitation of human rights in the name of the moral and in the legal context created by the case law of the European Court of Human Rights. The European Convention of Human rights includes already a restriction to the protection brought by the moral. The topic of the thesis provides a much broader conceptualization of the phenomena. The notion of « limitative moral norm » can be used to cover all modes of the moral as a limitation of rights. This study analyses the introduction of the limitative moral norm in the European litigation and verifies its level of efficiency in the applicability of the Convention. The thesis establishes the axiological background of the European public policy in which the moral norm is evaluated. The moralist and paternalistic motifs are legally poor when it comes to justify the limitation of rights. However, the limitative moral norm becomes difficult to contest when it comes to protect the rights of others. Nevertheless, the interference zone between the moral and the protection of the other is changing. This latter factor becomes exclusively efficient in the context of emerging axiological conflicts, limiting the scope of the limitative moral norm to fields of classical regulation
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Jurgens, Hishaam. « Investigating the conflict between freedom of religion and Freedom of expression under the South African constitution ». Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4099.
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Magister Legum - LLMThis mini-thesis is based on the presumption that the Danish cartoons and the anti-Muslim clip posted on YouTube as forms of expression, ridiculed the religious beliefs and practices of Muslims which in turn affected the exercise of religious freedom as it violated the dignity of the bearers of the right to freedom of religion and therefore a conflict between the right to freedom of religion and freedom of expression exists. The above incidence of conflict between the right to freedom of religion and freedom of expression involves infringing the freedom of religion of the Islamic community. Blasphemy in Islam is speech that is insulting to God, but during the course of Muslim history it has become increasingly linked with insult to the Prophet Muhammad. In Islam the depiction of the Prophet Muhammad in any way is strictly forbidden and is considered blasphemous.
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Souza, Eliane Almeida de. « Dez anos de cotas na UFRGS : um estudo das ações afirmativas na perspectiva do acesso, permanência e empoderamento dos alunos negros diplomados ». reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2017. http://hdl.handle.net/10183/169243.
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Essa tese de doutorado tem como principal objetivo avaliar os dez anos da política de ações afirmativas na UFRGS, em especial as cotas raciais, aprovada pela Decisão do Consun em 2008 atendendo a demanda do movimento negro e de outros seguimentos sociais que demandaram por essa política. A questão central da pesquisa busca investigar: como foi a trajetória acadêmica dos alunos cotistas negros na UFRGS, considerando as categorias de inserção, adaptação e empoderamento. Os ex-alunos cotistas concederam entrevistas de como sentiram essa política a partir do recorte racial (negros) nas áreas biológicas humanas e exatas, sendo esses oriundos dos cursos de ciências sociais, enfermagem, história e ciências contábeis. O referencial teórico dialoga com Freire, Santos, Munanga, Zitkoski, Davis, Oliven e outros. Além da base teórica, a tese contempla as legislações das ações afirmativas e os diálogos com os direitos humanos nas mais variadas formas incluindo a democratização da universidade, educação pública e as questões de etnia, gênero e sexualidade. Essa pesquisa de campo junto aos alunos cotistas negros trouxe à tona inusitadas situações de preconceitos e discriminações por parte de seus colegas e professores pois a universidade que tem em sua apresentação o comprometimento com o futuro, com a consciência crítica e com o respeito às diferenças, imprimiu nesses marcas contraditórias à sua missão. Entre os prazeres e os dissabores dos alunos cotistas nesse ambiente elitizado e hostil, destacam-se: os percursos acadêmicos de forma solitária entre os cotistas, as dificuldades de se reconhecerem inicialmente e expressarem sua negritude, os preconceitos contra a religiosidade e sexualidade onde, na instituição, inúmeras vezes foram tolhidos do direito de dizerem a sua palavra. Os ex-cotistas após diplomados fizeram significativas sugestões direcionadas aos alunos e professores no que tange ao respeito das legislações específicas protetivas dos direitos raciais, que ainda tem sido violados. Também sugeriram que seja alterada a forma de acolhimento/atendimento/acompanhamento dos cotistas raciais a partir de atividades específicas sobre a lei de cotas e o combate ao preconceito. A continuidade das pesquisas desse tema sugere um aprofundamento na forma da abordagem do aluno cotista racial por parte da universidade, incidindo na área da formação dos docentes da universidade e maior flexibilização do currículo, abrindo espaço junto ao departamento jurídico da instituição para registros e acompanhamentos das queixas dos cotistas raciais. Essas negras mulheres e negros homens transformaram suas adversidades em superação alçando vôos como os personagens de Fernão Capelo, pois avaliam as cotas como uma política que vem dando certo que necessitada de ajustes, porém, deve seguir como tem feito também na pós-graduação, incluindo cada vez mais os variados segmentos sociais na universidade pública, onde hoje esses se percebem como sujeitos empoderados na luta pela transformação social.This doctoral thesis has as its main objective to evaluate the ten years of affirmative action policies at Federal University of Rio Grande do Sul (UFRGS in Brazil’s acronym), with special focus on racial quotas, which were approved by an university council decision in 2008, meeting the long standing demands of the Afro-Brazilian and other social movements The central question of this research is to investigate the following: what has been the academic trajectory of the black students who joined UFRGS through affirmative action quotas, considering the parameters of Insertion-adaptation and empowerment. Former black students provided interviews on how they felt under these policies from a racial perspective, as students from humanities, biology, social sciences, nursing, history and accounting. The theoretical reference includes names such as Freire, Santos, Munanga, Zitkoski, Davis, Oliven and others. In addition to the theoretical basis, the thesis deals with affirmative action legislation and human rights dialogues in a variety of ways, including university democratization, public education, ethnicity, gender and sexuality issues. This field of research of Afro-Brazilian students under affirmative actions brought to the surface unusual situations of prejudice and discrimination on the part of their colleagues and professors, cohorts of the same university that has a tradition of commitment with the future, the critical thinking and the respect for the differences, therefore exposing contradictory remarks to its mission. Among the advantages and disadvantages of quota students in this elitist and hostile environment were: a solitary academic experience among quota students, the difficulties of initially recognizing and expressing their ethnicity, prejudices against their religiosity and sexuality, when in many times they were denied the right to speak their minds. Former quota students, now alumni, made significant suggestions directed at current students and teachers regarding laws in place to protect racial rights, and how those laws have still been violated. Those alumni also suggested that the way of receiving, assisting, accompanying students should be changed based on specific activities on the affirmative action law and the fight against prejudice. The ongoing research on this topic suggests a deeper approach from the university towards the racial quota student, focused on training university professors and on greater flexibility in the academic curriculum, opening communication channels with the legal department of the institution to register and follow-up complaints from quota students with the university. These black women and men turned their adversities into opportunities, taking off such as the characters of Fernão Capelo. Such feat comes from the fact those students perceive the quotas as a policy that is going on the right direction. While there are needs for adjustments, these policies should follow through also in other spaces such as postgraduate degrees, with broader social outreach, touching other segments on the public university, leading those individuals to be perceived as empowered subjects in the fight for social transformation.
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Traina, Ivan <1976>. « Social inclusion of vulnerable groups through participatory and emancipatory approaches. Implementing active citizenship and socially innovative actions in the framework of civil & ; human rights model of disability ». Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2014. http://amsdottorato.unibo.it/6481/1/Traina_Ivan_tesi.pdf.
Texte intégralRésumé :
The research hypothesis of the thesis is that “an open participation in the co-creation of the services and environments, makes life easier for vulnerable groups”; assuming that the participatory and emancipatory approaches are processes of possible actions and changes aimed at facilitating people’s lives.
The adoption of these approaches is put forward as the common denominator of social innovative practices that supporting inclusive processes allow a shift from a medical model to a civil and human rights approach to disability.
The theoretical basis of this assumption finds support in many principles of Inclusive Education and the main focus of the hypothesis of research is on participation and emancipation as approaches aimed at facing emerging and existing problems related to inclusion.
The framework of reference for the research is represented by the perspectives adopted by several international documents concerning policies and interventions to promote and support the leadership and participation of vulnerable groups.
In the first part an in-depth analysis of the main academic publications on the central themes of the thesis has been carried out.
After investigating the framework of reference, the analysis focuses on the main tools of participatory and emancipatory approaches, which are able to connect with the concepts of active citizenship and social innovation.
In the second part two case studies concerning participatory and emancipatory approaches in the areas of concern are presented and analyzed as example of the improvement of inclusion, through the involvement and participation of persons with disability. The research has been developed using a holistic and interdisciplinary approach, aimed at providing a knowledge-base that fosters a shift from a situation of passivity and care towards a new scenario based on the person’s commitment in the elaboration of his/her own project of life.
Livres sur le sujet "Limitation of actions – Human rights"
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Hurst, Hannum, Procedural Aspects of International Law Institute. et International Human Rights Law Group (Washington, D.C.), dir. Guide to international human rights practice. 3e éd. New York : Transnational Publishers, 1999.
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Kenri ranʼyō no riron. Morioka-shi : Shinzansha, 2002.
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Rosen, Joanne. Making rights real : The challenge of human rights litigation. Toronto : Faculty of Law, University of Toronto, 2001.
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Rosen, Joanne. Making rights real : The challenge of human rights litigation. [Toronto : Faculty of Law, University of Toronto, 2001.
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E, Mudiaga-Odje Fargaz. Actions and judicial activism in Nigerin human rights law. Akure, Ondo State, Nigeria : EF. Ola Associates, 1999.
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Eagleburger, Lawrence S. U.S. actions towards China. Washington, D.C : U.S. Dept. of State, Bureau of Public Affairs, Office of Public Communication, Editorial Division, 1990.
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Eagleburger, Lawrence S. U.S. actions towards China. Washington, D.C : U.S. Dept. of State, Bureau of Public Affairs, Office of Public Communication, Editorial Division, 1990.
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Eagleburger, Lawrence S. U.S. actions towards China. Washington, D.C : U.S. Dept. of State, Bureau of Public Affairs, Office of Public Communication, Editorial Division, 1990.
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Eagleburger, Lawrence S. U.S. actions towards China. Washington, D.C : U.S. Dept. of State, Bureau of Public Affairs, Office of Public Communication, Editorial Division, 1990.
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Eagleburger, Lawrence S. U.S. actions towards China. Washington, D.C : U.S. Dept. of State, Bureau of Public Affairs, Office of Public Communication, Editorial Division, 1990.
Trouver le texte intégralChapitres de livres sur le sujet "Limitation of actions – Human rights"
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Shikova, Natalija, et Immaculada Colomina Limonero. « Can Non-Territorial Autonomy Help to Enforce the Linguistic, Cultural and Educational Rights of the Roma ? » Dans Realising Linguistic, Cultural and Educational Rights Through Non-Territorial Autonomy, 171–94. Cham : Springer Nature Switzerland, 2022. http://dx.doi.org/10.1007/978-3-031-19856-4_12.
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AbstractRacist and discriminatory policies against the Roma persist in both eastern and western Europe. Methods of repression have varied over time, but it is striking that strategies of open or tacit discrimination and expulsion of the Roma are still found in some contemporary policies of the older and transitional democracies, in EU Member States and countries that are candidates for EU membership. Of major concern is the fact that xenophobic statements and actions against the Roma often come from leading politicians or from national governments. Additionally, despite various international and regional human rights instruments, the ongoing structural discrimination that the Roma face has not yet been addressed within the existing legal framework. Many of the measures that have been proposed to address social exclusion and marginalisation are largely unenforceable; they tend to overlook the harsh living conditions, lack of access to public services, low level of education and embedded prejudice against the Roma. This paper addresses the human rights violability of cultures commonly marginalised in society. In many cases, although human rights protection regimes are enacted for certain cultures, the measures do not encompass groups that are non-dominant and territorially dispersed. The case of the Roma exemplifies not only this situation in respect of their language, cultural and educational rights in Spain and in North Macedonia, but also how the establishment and implementation of possible non-territorial autonomy (NTA) arrangements can help to overcome lasting discrimination. There is no unique model of NTA since it is applied differently in different contexts and circumstances. However, in essence, NTA arrangements can help minorities to enjoy cultural or other activities without territorial limitation. NTA can thus support the protection of territorially dispersed cultures and alleviate some of the harsh practices that they face.
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Silvestri, Elisabetta. « Human Rights Class Actions ». Dans Transformation of Civil Justice, 201–12. Cham : Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97358-6_11.
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Fischer-Lescano, Andreas. « From Strategic Litigation to Juridical Action ». Dans Interdisciplinary Studies in Human Rights, 299–312. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_15.
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AbstractWith strategic litigation, lawyers and public interest NGOs have sought to bring socio-structural problems before courts around the world for many years. In doing so, they (a) initiate legally substantiated lawsuits that (b) pursue goals beyond a legal process’ “success” and (c) address considerable political issues. Litigation strategists often strive to realise the judicial enforcement of human rights, environmental rights, trade union rights, migrant and refugee rights, and so on, in these proceedings. In other words, they seek to make the law “better.” It is precisely here that legal mobilisation’s structural limitations—also present in the day-to-day business of law—come to light in the context of strategic litigation.
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Kravchenko, Zhanna, Katarzyna Jezierska, Marta Gumkowska, Beata Charycka et Magdalena Szafranek. « Polish Human Rights Organizations : Resisting Institutional Pressures ». Dans Palgrave Studies in Third Sector Research, 93–120. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-99007-7_4.
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AbstractThis chapter explores human rights organizations resisting the illiberal reconfiguration of Polish society that has been spearheaded by the country’s ruling political party since 2015. By decreasing financial support, launching smearing campaigns, and engaging in intimidation practices, the political regime aims to influence the scope of economic, symbolic, human, and social resources available to human rights organizations. Using data from representative surveys and in-depth interviews with representatives of human rights organizations and other civil society organizations, we systematically examine opportunities and limitations in navigating such institutional pressures. Our study demonstrates that organizations’ characteristics and environmental conditions determine the action repertoire, including diversification of resources, coalition building, and public campaigns, that sustains an organization’s legitimacy and (re)generates various forms of support.
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Sommario, Emanuele. « Limitation and Derogation Provisions in International Human Rights Law Treaties and Their Use in Disaster Settings ». Dans Routledge Handbook of Human Rights and Disasters, 98–118. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Series : Routledge studies in humanitarian action : Routledge, 2018. http://dx.doi.org/10.4324/9781315115238-7.
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Masuki, Yui. « Ideas and Practices for Restoring the Humanity of Sanitation Workers in India ». Dans Global Environmental Studies, 21–45. Singapore : Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-16-7711-3_3.
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AbstractThis chapter briefly traces the struggle to restore sanitation workers’ humanity in India since the early twentieth century. Sanitation labor has generally been carried out by people from the Dalit community, a group of castes formerly referred to as “untouchables.” By paying attention to M. K. Gandhi, B. R. Ambedkar, government authorities, and nongovernmental organizations (NGOs), this chapter examines how humanitarian interventions were made via ideological and practical approaches to address the circumstances of sanitation workers and the limitations thereof. Gandhi’s emphasis on the moral aspect of scavenging and Ambedkar’s stress on the structural inequalities in the division of sanitation labor informed the mainstream ideas in preindependence India. However, efforts after independence were committed to abolishing the specific task of manual scavenging as a sine qua non for the emancipation of sanitation workers. These endeavors primarily entailed abolishing scavengers’ customary rights, the technological invention of low-cost flush toilets, and legal actions taken against the government. However, these attempts have led to dismissing the importance of providing “adequate sanitation” to the bulk of the population (Chaplin, The politics of sanitation in India. Orient Blackswan, New Delhi, 2011: 185, 267), enhancing nonscavenging sanitation workers’ conditions, and developing a more mechanized, holistic human waste disposal system. Further, having underlined the unsanitary, inhuman, or moral dimensions of sanitation labor, these interventions did not necessarily consider the complicated context of actual sanitation workers regarding how they perceive the labor on their own terms.
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Adebanjo, Adetoun, et Ebenezer Durojaye. « International Human Rights Norms and Standards on Derogation and Limitation of Rights During a Public Emergency ». Dans Constitutional Resilience and the COVID-19 Pandemic, 79–109. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-06401-2_2.
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Zhang, Chenguo. « Copyright and Human Rights : Why the Marrakesh Treaty Approach is Politically Correct But Legally Disputable ». Dans Balance and Limitation of Intellectual Property Protection in China, 85–97. Singapore : Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-6864-8_3.
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Shahab, Palvasha. « Confined Employment : Exploring Labor Marginalization in Workplace Safety ». Dans Interdisciplinary Studies in Human Rights, 237–78. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-73835-8_13.
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AbstractThis chapter argues that Pakistan has never had a bona fide system of occupational safety and health (OSH) laws, policies, standards or enforcement mechanisms (“OSH infrastructure”). Instead, the country’s present OSH infrastructure remains divorced from workers’ most urgent needs and the country’s institutional capacity—effectively leaving workers without protection. This chapter traces the progress of the fire, delineates violations of OSH law and provides an account of the actions and inactions of various actors involved. In doing so, it highlights the gap between the OSH system’s deficiencies and the fatalities they caused; outlining what measures were legally required to prevent such a tragedy but they were not in place. Then, it explores the geneology of these illegalities and accompanying apathies as it traces the history of Pakistan’s OSH infrastructure back to its origins under British colonial rule and contextualises it with the overarching global (politico-economic) order in which the factory fire should perhaps be seen. Thus, it renders visible the historical trajectories and contemporary political and economic factors that have led to workers’ persistent exclusion from the politico-legal sphere, denial of their rights and their dehumanisation—specifically in Pakistan and generally in the Global South. It concludes by identifying some directions that could be taken for a renewed and vitalised mandate to govern the OSH infrastructure in Pakistan.
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Bernal-Bermudez, Laura. « Using Judicial Actions to Address Corporate Human Rights Abuses : Colombia, 2000–2014 ». Dans Law and Policy in Latin America, 149–66. London : Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1057/978-1-137-56694-2_9.
Texte intégralActes de conférences sur le sujet "Limitation of actions – Human rights"
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Duić, Dunja, et Veronika Sudar. « THE IMPACT OF COVID-19 ON THE FREE MOVEMENT OF PERSONS IN THE EU ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18298.
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The impact of the COVID-19 outbreak is being endured throughout the world, and the European Union (EU) is no exception. The rapid spreading of the virus effected, among other things, restriction on the freedom of movement. The EU member states introduced national response measures to contain the pandemic and protect public health. While broadly similar, the measures differ with regard to strictness and the manner of introduction, reflecting the political legitimacy of the respective country. With the ‘Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak’ – its first COVID-19-related Communication – the European Commission (EC) attempted to curb differing practices of the EU member states and ensure a coordinated approach. Ultimately, this action was aimed at upholding of fundamental rights as guaranteed to EU citizens, one such being the freedom of movement. Thus, from the very start of the pandemic, the coordinated actions of EU institutions sought to contain the spread of COVID-19 infections with the support and cooperation of EU member states. This is confirmed by the most recent Council of the EU (Council) recommendation on a coordinated approach to restrictions to freedom of movement within the EU of October 2020. While they did prevent the spread of infection and save countless lives, the movement restriction measures and the resulting uncertainty have greatly affected the people, the society, and the economy, thereby demonstrating that they cannot remain in force for an extended period. This paper examines the measures introduced by EU member states and analyses the legal basis for introducing therewith limitations on human rights and market freedoms. To what extent are the EU and member states authorized to introduce restrictions on the freedom of movement in the interest of public health? Have the EU and member states breached their obligations regarding market freedoms and fundamental rights under the Treaty? And most importantly: have they endangered the fundamental rights of the citizens of the EU?
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Bergeron, John, Michael Rabinovich, Murad Murtuzaliyev, Andy Ronald et Elnur Binyatov. « UDAR : Past, Present, and Future. An Operator’s Experience and Perspective on the Challenges and Opportunities in Applications With Ultra-Deep Resistivity Tools ». Dans 2022 SPWLA 63rd Annual Symposium. Society of Petrophysicists and Well Log Analysts, 2022. http://dx.doi.org/10.30632/spwla-2022-0046.
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Proactive geosteering, landing, geostopping, geomapping and look ahead (LAH) applications of Ultra-Deep Azimuthal Resistivity (UDAR) tools are becoming more common in operator new well delivery practices. In very specific and niche wells, almost exclusively HAHZ, the value of information provided by these tools can significantly exceed the high cost of the service. In the past, UDAR technology was primarily used only for geosteering high value, generally offshore, horizontal wells, where the objective is typically to increase net pay. As time progresses, the application of UDAR has grown past HAHZ-limited applications to now include look around for geomapping and look ahead for geostopping. From an operator’s perspective, the justification for high cost of UDAR is always challenged by not only the uncertainty of what the tool will deliver, but what will be the reasonable actions based on the provided deliverables at the time of drilling. UDAR service companies seem to be in a depth of detection “arms race” but what operators really want is greater understanding of uncertainty with the goal of better well delivery through confident decision making. One way to hedge this risk is to have clear KPI (key performance indicator) based pricing strategy, where vendor pre-drill study claims are tested during and after the drilling and compensation is based on their validation. Another limitation contributing to the underutilization of the UDAR service, and associated operator increased risk exposure, is the present-day inability for operators to verify pre-drill studies, real time inversions, and post drill interpretations via in-house modelling. Modelling is particularly important for the UDAR service where the scientific and mathematical complexity of inversion extends far beyond human intuition. We believe that with the right application and pricing strategies, UDAR could grow past the high-value / high-cost portfolio of the past and be used on a more typical borehole assembly (BHA) in the future. In this paper, we will discuss our UDAR journey thus far, including reflections on past applications, present challenges and we will propose some improvements, including standardization, that we hope the industry accepts to grow the quality and the number of future applications.
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Mitrović, Ljubinko, et Predrag Raosavljević. « HUMAN RIGHTS OMBUDSMEN IN THE PANDEMIC : CHALLENGES IN PROTECTION OF VULNERABLE GROUPS ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18353.
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Pandemic of virus COVID-19 posed numerous and unprecedented challenges to citizens and authorities which required shift in behavior and actions of all segments of society. Representing Ombudsmen Institution of Bosnia and Herzegovina, authors shared their experience in monitoring implementation of the decisions of all levels of government and presented challenges in striking the right balance between interests of public health and protection of rights of vulnerable groups. Public authorities in Bosnia and Herzegovina have passed emergency measures aimed at containing the spread of virus, but some of them failed to maintain human rights standards. Following the decisions of crisis centers to limit the freedom of movement, it was necessary to secure rights of children to education, protection from domestic violence and neglect in the family context. In introducing online education, authorities were asked to adapt recognition and grading system to the children in different conditions and circumstances, especially to the children with difficulties in development, children living in poverty and on margins of society such as Roma children or those living in institutions. Ombudsmen Institution registered increase in the number of domestic violence cases because measures limiting freedom of movement had impact on victims' ability to seek help from trusted sources, usually members of immediate family or representatives of law enforcement agencies. Having in mind that large number of citizens could not afford access to the official gazettes in any form, Ombudsmen requested that all enacted legislation be accessible online recommended that the decision banning reporters from conferences be reconsidered, guided by the right of citizens to be informed of their government actions. Examining the practice of placing COVID stickers on mail by the Post Office, Ombudsmen issued recommendation to stop such practice as it was deemed disproportional to the right to privacy and protection of personal data, while the protection of postal workers could have been ensured by other protective measures. It also became evident that national budgetary capacities had to be increased in order to prevent deterioration in provision of basic public services such as health and social protection, since economic consequences of the pandemic were disproportionally felt by the groups exposed to poverty, such as Roma, refugees or migrants. Drawing conclusion from concrete cases, authors offer review of particular emergency measures, analyze their adequacy, justifiability and timeliness, while presenting authorities’ response to Ombudsmen’s findings in formulating more adequate and efficient but, at the same time, least intrusive measures taken in response to the disaster. In search of common response to such widespread phenomenon, governments should recognize the intention of Ombudsmen Institutions to be in „permanent session“ over protection of vulnerable groups and should more actively involve it in discussions on emergency measures and their effect on human rights and freedoms. It proved to be better suited to act quickly, to apply more effective remedies and to correct government actions thanks to its knowledge of the local context than traditional institutions for protection of human rights, such as constitutional courts, international courts or treaty bodies.
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Cankurt, Ezgi. « Evaluation of the Decisions of the Ombudsman Institution According to Human Rights ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02334.
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Alternative solutions have come to the fore in recent years. In our country, the new Ombudsman Institution is; Upon the operation and complaint of the administration, it is responsible for examining and conducting all kinds of actions and operations of the administration and its attitudes and behaviors within the understanding of justice based on human rights, in terms of compliance with law and equity, and to make recommendations to the administration. Therefore, it offers alternative solutions for these issues.
In the first part, general information about the functioning of the Ombudsman Institution and the application standards will be given. In observing the decisions of the institution, reference is made to international conventions for examination. Because of this reason, in the second part, the decisions given by the ombudsman institutions will be evaluated for compliance with international conventions and the constitution.
Recommendations made by the Agency also help to increase the total quality of public institutions. The decisions of the Ombudsman institution should be made in accordance with the international conventions and the constitution. Because without reference to human rights, there will be problems in terms of binding decisions. Therefore, facilitator methods should be followed in terms of application criteria.
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Venceslau, Amanda D. P., Vânia M. P. Vidal, Rossana M. C. Andrade, José Gilvan R. Maia et José Wellington F. da Silva. « SeAct : Semantic Adaptive Segmentation of Sensor Data Streams for Human Activity Recognition ». Dans Simpósio Brasileiro de Banco de Dados. Sociedade Brasileira de Computação - SBC, 2022. http://dx.doi.org/10.5753/sbbd.2022.225042.
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Pervasive computing delivers services based on user needs through smart environments that incorporate and integrate everyday objects discreet and non-intrusive. Personal applications provide the data collected by sensors for Human Activity Recognition. The main limitation is that these activities need to be continuously segmented for HAR. Furthermore, a growing problem is related to the disambiguation of activities since some actions generated by the same sensors belong to different activities. This paper proposes a hybrid method, SeAct, which dynamically adjusts segment size, combining machine learning and semantic inference. Experiments with CAD-120 data sets and a state-of-the-art hybrid method improve recognition accuracy and precision.
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Kūtris, Gunārs. « Satversmes 105. pantā garantēto tiesību aizsardzības efektivitāte tiesā pirmstiesas kriminālprocesa laikā ». Dans Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.25.
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Article 105 of the Constitution guarantees the protection of human rights to property. A criminal offence may be directed at the victim’s property and therefore actions must be taken in criminal proceedings to ensure the protection of the victim’s rights. In carrying out this task, the right of the bona fide owner may be infringed. The article analyses the situation, identifies problems and offers solutions to them. The other circle of persons whose rights to property may be limited during criminal proceedings can be the affected owner of the property – the person whose property may be arrested or confiscated. The article offers a proposition aimed at more effective protection of these rights.
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Çelik, Sabahat Binnur. « The Limits of State Intervention in Economy by Taxation in Turkey ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01314.
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People, mostly and directly affected from the state's decision about taxation. State, in order to realize public services, while using its taxation authority depending to its power of sovereignty, intervenes in the economy in different ways. While using taxation authority, state is subject to various limitations. The most important limitation about taxation is the necessity of obeying the laws.
The basic principles about taxation are indicated on the Universal Declaration of Human Rights and Constitutions. Nowadays, nearly in every country, advanced tax payer rights, public pressure and the ruling parties’ intent about remaining in power or the opposition parties' intent about coming in power also determines the limits of taxation.
Proceedings of the independent judicial bodies are very important about the limitation of taxation. Because independent judicial bodies can control the power of sovereignty of the state about taxation. In the judging process, they judge the tax rules and tax applications' harmony to the basic principles of taxation. If there are no fair limits about taxation in a country, this means that there is no democracy in that country.
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Vivanco, Lorena, Alfredo Ordoñez, Natalia Pacurucu et Boris Orellana-Alvear. « Opportunities and challenges of citizen participation in the territorial planning system in Ecuador ». Dans 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002348.
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Fragmented public action and the limitations to coordinate national and local public policies with the involvement of citizens need to generate spaces and mechanisms for citizen participation linked to the planning processes of the different levels of government. In Ecuador (2008), citizen participation is a constitutional right of mandatory compliance for the entities and instruments part of the National Decentralized System of Participatory Planning. This study aims to analyze the normative aspects of the citizen participation system for territorial planning at the national and subnational level its opportunities. It challenges to promote the involvement of citizens in the formulation and updating of territorial planning instruments. To this end, an in-depth reading of national legislation is carried out, contrasted with the methodological guidelines of the official planning guides and information obtained from interviews with those who participate in the planning process. The results show that the structure of the participation model established constitutionally after a decade of operation has been limited to a legal process of mandatory compliance by the different levels of government. Participation spaces have been developed only at consultative and information levels. Then, there are no legitimacy processes of territorial planning instruments, which are necessary to implement normative and methodological adjustments that contribute to a new culture of the public planning to build the future development of the territory and its ordering.
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Dammacco, Gaetano. « LEGAL RESTRICTIONS DUE TO CORONAVIRUS AND RIGHT TO RELIGIOUS FREEDOM ». Dans 6th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eraz.2020.51.
Texte intégralRésumé :
The current pandemic has created new scenarios and problems regarding religious freedom. To combat the spread of the coronavirus, governments have ordered social distance and total closure of numerous activities including the celebration of sacred rites without consulting religious authorities. Religions have accepted the restrictions with a sense of responsibility, but the sacrifice of religious freedom for the faithful has been great. In addition, the effects of the pandemic together with the negative effects of globalization will continue over time, generating economic and social damage. In addition to prayer, religions have invited the faithful to a social commitment to reduce the critical issues of the crisis and specially to combat poverty. It is therefore necessary to analyze some topics: critical issues relating to the limitation of the right to religious freedom; what problems arise in the relations between powers (civil and religious); what problems arise in relations between state and religions; how the constitutional rights of the faithful and citizens are protected; what are the legal problems internal to the different religions, considering that the judgment on the validity of online rites is different; what is the role of religions in the face of the economic crisis. For the first time since the beginning of the human rights era, there has been a serious conflict between human rights, especially for the greater protection given to the right to health. The right to religious freedom also suffered, but it must be considered that the protection of the right to religious freedom also contributes to the recovery of a „good” economy, which can counteract the negative effects of the pandemic and globalization. We must build a personalist humanism, which the alliance between religions can promote. A humanism that respects the rights and dignity of man, against the logic of profit, and that rewrites the ethical rules of the economy. Looking at the post-pandemic, religions can be the soul of the ethical and moral rules that must guide the „good economy” in society to overcome social and economic differences.
10
Rosenko, Maria, et Elena Skrebets. « On approaches to the implementation of legal mechanisms ensuring the constitutional rights of citizens to protect dignity and their guarantees ». Dans East – West : Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.nbrw8304.
Texte intégralRésumé :
According to the results of the study, the main problematic issues of the implementation of the constitutional rights of citizens to protect honor and dignity are highlighted, the main methods of violence that are unacceptable for use in general are highlighted, including those associated with criminal acts (suspects, convicts, prisoners), as well as those not related to criminal acts (falsely accused (falsification of evidence) or provoked (throwing prohibited items), etc.). It is noted that cases of intentional pressure on a person in order to humiliate, suppress or achieve some information or behavior can be qualified as violence. As a result of such actions, life-threatening psychosomatic symptoms may occur, caused by the high stress of the situation, and the mental state of the detainee, the defendant, the defendant, does not allow him to adequately defend himself. The problems of the application of procedural measures by judicial bodies, bodies of inquiry, associated with the restriction of the constitutional rights and freedoms of participants in criminal proceedings are considered. According to the results, it is concluded that the issue of legal regulation and the practice of applying the law require further study in order to develop recommendations for the development of civil society, improving the human rights institution, the institute of inquiry, judicial bodies, including improving the legal norms governing it. Improvement mechanisms are proposed, including organizational and legal ones.
Rapports d'organisations sur le sujet "Limitation of actions – Human rights"
1
Synchak, Bohdan. Freedom of choice and freedom of action in the Ukrainian media. Ivan Franko National University of Lviv, février 2022. http://dx.doi.org/10.30970/vjo.2022.51.11400.
Texte intégralRésumé :
The article talks about the philosophical foundations that characterize the mechanism of internal inducement to action. As an academic, constitutional, and socio-ideological concept, the boundaries of freedom are outlined, which are displayed in the field of modern media space. The term «freedom» is considered as several philosophical concepts that formed the basis of the modern interpretation of this concept. The totality of its meanings is generalized into one that is adapted for the modern system. Parallels are drawn between the interaction of the concept of user freedom with the plane of domestic mass media because despite, the fact that consciousness is knowledge, the incoming information directly affects the individual and collective consciousness. Using the example of the most popular digital platforms, the components of the impact on users and the legal aspect of their implementation are analyzed. When considering the issues of freedom of choice and freedom of action on the Internet, special attention is paid to methods of collecting and processing information, in particular, the limitations and possibilities of digital programs-algorithms of the popular search engine Google. The types of personal information collected by Google about the user are classified and the possible mechanisms of influence on personal choice and access to information on the Internet are characterized. The article analyzes the constitutional guarantees of freedom and the impact of digital technologies on them. Particular attention is paid to ethics, in particular journalistic, which nominally regulates the limits of the humane, permissible, a / moral (unacceptable/acceptable) in the implementation of professional information activities in the media. Thus, the issue of freedom of choice and freedom of action in the plane of domestic mass media is subject to an objective examination of its components, they are analyzed for a proper constitutionally suitable phenomenon, which must be investigated from the point of view of compliance with human rights and freedoms and professional standards within the media.
2
Harris, Jody, Sarah Gibbons, O’Brien Kaaba, Tabitha Hrynick et Ruth Stirton. A ‘Right to Nutrition’ in Zambia : Linking Rhetoric, Law and Practice. Institute of Development Studies (IDS), août 2021. http://dx.doi.org/10.19088/ids.2021.051.
Texte intégralRésumé :
Zambians in all walks of life are affected by malnutrition, and working through human rights is one key way to address this injustice. Based on research aiming to understand how a ‘right to nutrition’ is perceived by different actors globally and in Zambia, this brief presents a clear framework for a rights-based approach to nutrition in Zambia. This framework identifies rhetorical, legal and practical functions of human rights, and offers a way to think through clearly how different actors might work on the different aspects of rights. Addressing these three aspects of a right to nutrition all together – instead of by very separate constituencies as happens now – is fundamental to a coherent rights-based approach to nutrition. This brief outlines which actors need to come together – from law and policy, activism and communities, across global, national and local levels – and suggests how to start. It lays out the Zambian policy, legal and practical environment as it stands, and suggests actions to move forward in each of these areas in ways that are consistent with the different aspects of rights. Through these steps, Zambia can become known as a hub of action on a right to nutrition, to join with others in using human rights to address the injustice of malnutrition.
3
Peterson, Dahlia. Designing Alternatives to China’s Repressive Surveillance State. Center for Security and Emerging Technology, octobre 2020. http://dx.doi.org/10.51593/20200016.
Texte intégralRésumé :
China has built a surveillance state that has increasingly incorporated AI-enabled technologies. Their use during the COVID-19 pandemic has softened the image of China’s surveillance system, presenting unique challenges to preventing the spread of such technologies around the globe. This policy brief outlines core actions the United States and its allies can take to combat the spread of surveillance systems that threaten basic human rights.
4
Ossoff, Will, Naz Modirzadeh et Dustin Lewis. Preparing for a Twenty-Four-Month Sprint : A Primer for Prospective and New Elected Members of the United Nations Security Council. Harvard Law School Program on International Law and Armed Conflict, décembre 2020. http://dx.doi.org/10.54813/tzle1195.
Texte intégralRésumé :
Under the United Nations Charter, the U.N. Security Council has several important functions and powers, not least with regard to taking binding actions to maintain international peace and security. The ten elected members have the opportunity to influence this area and others during their two-year terms on the Council. In this paper, we aim to illustrate some of these opportunities, identify potential guidance from prior elected members’ experiences, and outline the key procedures that incoming elected members should be aware of as they prepare to join the Council. In doing so, we seek in part to summarize the current state of scholarship and policy analysis in an effort to make this material more accessible to States and, particularly, to States’ legal advisers. We drafted this paper with a view towards States that have been elected and are preparing to join the Council, as well as for those States that are considering bidding for a seat on the Council. As a starting point, it may be warranted to dedicate resources for personnel at home in the capital and at the Mission in New York to become deeply familiar with the language, structure, and content of the relevant provisions of the U.N. Charter. That is because it is through those provisions that Council members engage in the diverse forms of political contestation and cooperation at the center of the Council’s work. In both the Charter itself and the Council’s practices and procedures, there are structural impediments that may hinder the influence of elected members on the Security Council. These include the permanent members’ veto power over decisions on matters not characterized as procedural and the short preparation time for newly elected members. Nevertheless, elected members have found creative ways to have an impact. Many of the Council’s “procedures” — such as the “penholder” system for drafting resolutions — are informal practices that can be navigated by resourceful and well-prepared elected members. Mechanisms through which elected members can exert influence include the following: Drafting resolutions; Drafting Presidential Statements, which might serve as a prelude to future resolutions; Drafting Notes by the President, which can be used, among other things, to change Council working methods; Chairing subsidiary bodies, such as sanctions committees; Chairing the Presidency; Introducing new substantive topics onto the Council’s agenda; and Undertaking “Arria-formula” meetings, which allow for broader participation from outside the Council. Case studies help illustrate the types and degrees of impact that elected members can have through their own initiative. Examples include the following undertakings: Canada’s emphasis in 1999–2000 on civilian protection, which led to numerous resolutions and the establishment of civilian protection as a topic on which the Council remains “seized” and continues to have regular debates; Belgium’s effort in 2007 to clarify the Council’s strategy around addressing natural resources and armed conflict, which resulted in a Presidential Statement; Australia’s efforts in 2014 resulting in the placing of the North Korean human rights situation on the Council’s agenda for the first time; and Brazil’s “Responsibility while Protecting” 2011 concept note, which helped shape debate around the Responsibility to Protect concept. Elected members have also influenced Council processes by working together in diverse coalitions. Examples include the following instances: Egypt, Japan, New Zealand, Spain, and Uruguay drafted a resolution that was adopted in 2016 on the protection of health-care workers in armed conflict; Cote d’Ivoire, Kuwait, the Netherlands, and Sweden drafted a resolution that was adopted in 2018 condemning the use of famine as an instrument of warfare; Malaysia, New Zealand, Senegal, and Venezuela tabled a 2016 resolution, which was ultimately adopted, condemning Israeli settlements in Palestinian territory; and A group of successive elected members helped reform the process around the imposition of sanctions against al-Qaeda and associated entities (later including the Islamic State of Iraq and the Levant), including by establishing an Ombudsperson. Past elected members’ experiences may offer some specific pieces of guidance for new members preparing to take their seats on the Council. For example, prospective, new, and current members might seek to take the following measures: Increase the size of and support for the staff of the Mission to the U.N., both in New York and in home capitals; Deploy high-level officials to help gain support for initiatives; Partner with members of the P5 who are the informal “penholder” on certain topics, as this may offer more opportunities to draft resolutions; Build support for initiatives from U.N. Member States that do not currently sit on the Council; and Leave enough time to see initiatives through to completion and continue to follow up after leaving the Council.
5
Impacto multidimensional de la pandemia en las juventudes indígenas de Yucatán. Population Council, 2022. http://dx.doi.org/10.31899/sbsr2022.1000.
Texte intégralRésumé :
A pesar de que cada día se cuenta con más evidencia sobre el impacto de esta pandemia en las juventudes de México y el mundo, entender las múltiples dimensiones que afectan la vida de poblaciones específicas, como es la indígena, es prioritario para poder orientar y redirigir medidas y acciones institucionales para atender sus necesidades y garantizar sus derechos. Por ello, además de incorporar técnicas participativas con las juventudes indígenas, el estudio también incluye un mapeo de decisiones y medidas que el gobierno de Yucatán tomó durante 2021 para hacer frente a la emergencia sanitaria y reactivar la economía del estado. ¿Es relevante este apoyo y llega a las juventudes indígenas del estado? --- Although evidence about the impact of COVID-19 on youth is rapidly increasing in Mexico and around the globe, there is insufficient evidence on the multiple ways the pandemic is affecting indigenous youth. In addition to incorporating participatory techniques with this population, the study includes a mapping of decisions and government measures undertaken by Yucatan State during 2021 to support them. The purpose of this report is to provide evidence to guide and redirect measures and institutional actions that target the needs of indigenous youth and guarantee their human rights.