Letteratura scientifica selezionata sul tema "Civil rights - general"

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Articoli di riviste sul tema "Civil rights - general"

1

Sadin Esgerzade, Roza. "Avropa Ittifaqında insan və vətəndaş hüquqlarının ümumi prinsipləri". SCIENTIFIC WORK 77, n. 4 (17 aprile 2022): 137–41. http://dx.doi.org/10.36719/2663-4619/77/137-141.

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The EU, being a complex regional integration body, goes beyond the modern understanding of international organizations. This unique institution has unique criteria and characteristics in the field of human rights and freedoms, as in any other field. The institution of human and civil rights and freedoms in the EU is a key part of the Union's “constitutional law”. In the EU, institutional acts are primarily a source of human and civil rights and freedoms. However, not all rights and freedoms are fully reflected in the institutional acts. These documents mainly refer to “Union citizenship”. Taking all this into account, we can say that the study of the general principles of the European Union is very relevant for our time. Key words: European Union, civil rights, human rights, general principles, integration Roza Sadin Əsgərzadə Avropa Ittifaqında insan və vətəndaş hüquqlarının ümumi prinsipləri Xülasə Aİ mürəkkəb regional inteqrasiya qurumu olmaqla beynəlxalq təşkilatların müasir anlayışından kənara çıxır. Bu unikal qurumun hər bir sahədə olduğu kimi insan hüquq və azadlıqları sahəsində də özünəməxsus meyarları və xüsusiyyətləri vardır. Aİ-də insan və vətəndaş hüquq və azadlıqları institutu İttifaqın “konstitusiya hüququ”nun əsas hissəsidir. Aİ-də institusional aktlar ilk növbədə insan və vətəndaş hüquq və azadlıqlarının mənbəyidir. Lakin institusional aktlarda bütün hüquq və azadlıqlar tam əks olunmur. Bu sənədlər əsasən “İttifaq vətəndaşlığına” aiddir. Bütün bunları nəzərə alaraq deyə bilərik ki, Avropa İttifaqının ümumi prinsiplərinin öyrənilməsi müasir dövrümüz üçün çox aktualdır. Açar sözlər: Avropa İttifaqı, vətəndaş hüquqları, insan hüquqları, ümumi prinsiplər, inteqrasiya
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Andreev, Yury N. "About judicial protection of subjective civil rights". Russian Journal of Legal Studies (Moscow) 7, n. 1 (7 agosto 2020): 9–16. http://dx.doi.org/10.17816/rjls34732.

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The article is devoted to the judicial protection of subjective civil rights. The author tries to formulate the concepts of subjective civil rights and the judicial protection of subjective civil rights to determine the ratio of subjective civil rights and the right to judicial protection as well as the judicial protection features of various subjective civil rights categories. The paper presents the authors conception of subjective rights, the various ways by which they are protected, and the features of the protection of certain types of subjective civil rights. The aim of the research is to find the most optimal ratio of the right of subjective rights owner to protection and the right of subjective right for protection, in order to determine the most typical ways to protect certain categories of subjective civil rights. The methodological basis of the research includes the well-known general and private scientific methods of scientific knowledge. The paper concludes by stating that subjective civil rights have general (universal) and specific ways of protection.
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Weinreb, Lloyd L. "What are Civil Rights?" Social Philosophy and Policy 8, n. 2 (1991): 1–21. http://dx.doi.org/10.1017/s0265052500001102.

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For all the discussion and debate about civil rights, it is striking how little attention is given initially to the question of what civil rights are. There is no well-understood principle of inclusion or exclusion that defines the category. Nor is there an agreed list of civil rights, except perhaps a very short, avowedly nonexhaustive one, with rather imprecise entries. Yet, if the extension of the category of civil rights is uncertain, its significance is not. All agree that it is a principal task of government to protect civil rights, so much so, indeed, that a failure to protect them usually is regarded as outweighing substantial achievements of other kinds. But a right does not count as a civil right just because it is valuable or valued. Some of the rights most often asserted as civil rights reflect practical interests of their possessors considerably less than other actual or potential rights not so identified.In the United States, familiar legal doctrine provides a shortcut to the specification of civil rights. They are whatever is embraced by the provisions of the federal Civil Rights Acts: the right to vote, fair housing, equal employment opportunity, and so forth. That path, however, is not adequate for the present purpose. For the most part, the statutes refer explicitly or implicitly to federal constitutional rights, and the collective reference to them as civil rights is unexplained. The bases of the constitutional rights are too various to be a reliable guide to an independently designated category of civil rights.
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Newman, Mark. "Civil Rights and Human Rights". Reviews in American History 32, n. 2 (2004): 247–54. http://dx.doi.org/10.1353/rah.2004.0034.

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Bakhareva, Olena. "Objects of intellectual property rights: general terms of protection". Theory and Practice of Intellectual Property, n. 6 (16 giugno 2021): 98–106. http://dx.doi.org/10.33731/62020.233970.

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Keywords: wine go and brown models, promises, sort of roslin that breed of twarin,trade marks (marks for goods), commerce (form) naymenuvannya, geographic significance,komertsiyna tamnytsya, computer programs Intellectual property is the result of human creativity: works of art and science, inventionsand utility models in all fields of human activity, industrial designs, trademarks(marks for goods and services), commercial (brand) names, information products,selection achievements, etc. Intellectual property is created as a result of purposefulmental work of human intellect, the result of which is something new, characterized byuniqueness, originality, uniqueness.According to the provisions of the Civil Code of Ukraine, an intellectual property rightis a person’s right to the result of intellectual, creative activity or another object of intellectualproperty right, defined by this Code and another law. Intellectual property rightsare personal non-property intellectual property rights and (or) property intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by this Code and other law. Intellectual property rights are inviolable.No one may be deprived of intellectual property rights or restricted in their exercise,except in cases provided by law.The Commercial Code of Ukraine provides a list of intellectual property, leaving itopen and states that the general conditions for the protection of intellectual propertyrights to objects are determined by the Civil Code of Ukraine. In the Civil Code ofUkraine, the fourth Book «Intellectual Property Law» is devoted to the issue of intellectualproperty. The Civil Code of Ukraine provides a more extensive list of objects of intellectualproperty rights, defines their concepts.According to Article 420 of the Civil Code of Ukraine, the objects of intellectual propertyrights, in particular, include: literary and artistic works; computer programs; datacompilation (database); implementation; phonograms, videograms, broadcasts (programs)of broadcasting organizations; scientific discoveries; inventions, utility models,industrial designs; arrangement of semiconductor products; innovation proposals; plantvarieties, animal breeds; commercial (brand) names, trademarks (signs for goods andservices), geographical indications; trade secrets.The purpose of my article is to summarize information about the objects of intellectualproperty rights, disclosure of their concepts with reference to relevant regulatorysources. Therefore, to simplify the reader's perception and search for concepts in differentsources, it was decided to group them in one text. I hope that the information providedwill be useful.
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Karkhalev, D. N. "Digital Rights in Civil Circulation". Siberian Law Review 19, n. 2 (22 giugno 2022): 134–41. http://dx.doi.org/10.19073/2658-7602-2022-19-2-134-141.

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The article deals with topical issues of protecting civil rights and implementing the pro­tective function of civil law in digital relations. The fair exercise of digital rights is a key require­ment. When establishing, exercising and protecting civil rights and fulfilling civil obligations, par­ticipants in civil legal relations must act in good faith. According to this principle, you cannot take advantage of your dishonest behavior. The current Civil Code proclaims the presumption of good faith of participants in civil legal relations and the reasonableness of their actions. Unlike con­scientiousness, reasonableness implies rationality, logic and expediency of his behavior. The va­lidity is estimated and is established by the court taking into account the actual circumstances. The purpose of a digital right is that the opportunities that make it up should be used to satisfy the economic interests of the owner of such a right, and not for other purposes. Non-violent imple­mentation of digital rights implies the absence of the goal of causing harm (losses). In case of violation of these requirements, restrictions on the exercise of digital rights, digital rights will be abused, resulting in a denial of protection of the right (full or partial). Ways to protect digital rights can be divided into two groups – general and special. The general methods provided for in Art. 12 of the Civil Code of the Russian Federation are the recognition of digital law, the restoration of the situation that existed before the violation of digital law, the suppression of actions that violate digital law or threaten to violate it, the recognition of transactions as invalid and the application of the consequences of their invalidity (restitution), self-defense of digital rights, etc. The article proposes to supplement the law with special compensation for violation of digital rights, by anal­ogy with the sanction for violation of exclusive rights, provided for by part four of the Civil Code of the Russian Federation. The analyzed sanction should be applied in the amount of one hundred thousand to one hundred million rubles. Such a significant amount of sanctions proposed in the law is due to the special value of digital assets in the modern wor ld.
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Podolsky, Georgy. "General provisions on digital rights". nauka.me, n. 2 (2022): 17. http://dx.doi.org/10.18254/s241328880018936-3.

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Active legislative activity in the field of regulation of digital technologies and the legal institutions that appear with them forms a huge number of disputes regarding a new phenomenon for civil turnover - digital rights. The author set out to investigate the legal essence and nature of these objects, which distinguishes them from all known objects of civil rights, the legal nature of which is defined and enshrined in law. The uniqueness of digital rights, mediated by the special features of such rights, allows them to be separately noted in the system of domestic law. In turn, such allocation requires careful work on the development of completely new legal mechanisms for regulating the existence and circulation of digital rights.
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Green, James R. "Civil Rights Unionism". Reviews in American History 29, n. 4 (2001): 573–80. http://dx.doi.org/10.1353/rah.2001.0070.

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Hamm, Theodore. "Beyond Civil Rights". Reviews in American History 32, n. 1 (2004): 84–89. http://dx.doi.org/10.1353/rah.2004.0003.

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EMBER, LOIS R. "CURBING CIVIL RIGHTS". Chemical & Engineering News 79, n. 21 (21 maggio 2001): 56–58. http://dx.doi.org/10.1021/cen-v079n021.p056.

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Tesi sul tema "Civil rights - general"

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Moores, Christopher. "From civil liberties to human rights? : British civil liberties activism, 1934-1989". Thesis, University of Birmingham, 2011. http://etheses.bham.ac.uk//id/eprint/1760/.

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This thesis is about organizations working in the field of British civil liberties between 1934 and 1989. It examines the relationship between the concepts of civil liberties and human rights within a British context, and discusses the forms of political activism that have accompanied this subject. At the centre of this work is an examination of the politics of the National Council for Civil Liberties (NCCL), an organization that has played a key role in the protection and promotion of civil liberties from its formation in 1934. It also examines the activities of a range of other organizations that considered themselves to be active on such a subject. The thesis argues that thinking about civil liberties has been extended throughout the twentieth century to incorporate a more positive and broader conceptualization of rights. However, for all the increased importance of the politics of human rights, a tradition of civil liberties has remained crucial to organizations working within such a field. The thesis also seeks to demonstrate that concerns about civil liberties have often reflected the political ideologies of those acting on such issues. Whilst a large amount of conceptual agreement has existed over the importance of the subject within Britain, this has consistently been met with disagreement over what this means. NGOs have played crucial roles as mediators of such a conflict. In performing such a role, the civil liberties lobby has been characterised by a set of professional, expert activists that have, at times, been able and will to engage with radical political ideas.
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McGoldrick, Dominic. "The practice and procedure of the Human Rights Committee under the International Covenant on Civil and Political Rights". Thesis, University of Nottingham, 1988. http://eprints.nottingham.ac.uk/11742/.

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This thesis examines the practices and procedures of the Human Rights Committee, the body established under the International Covenant On Civil And Political Rights (ICCPR) (1966). Chapter 1 examines the origins of the ICCPR, the principal drafting issues that arose, and the significance of the ICCPR in international law. Chapter 2 examines the organisation and the institutional characteristics of the Human Rights. Committee. Chapter 3 examines and evaluates the practices and procedures of the Human Rights Committee under the reporting procedure in article 40 ICCPR. Chapter 4 examines and evaluates the practices and procedures of the Human Rights Committee under the provisions for individual communications in the Optional Protocol to the ICCPR. Chapters 5-12 examine the jurisprudence of the Human Rights Committee under the reporting procedure (article 40) and the Optional Protocol in respect of selected articles of the ICCPR. Chapter 5 considers article 1 (self-determination). Chapter. 6 considers article 2 (general obligations to respect and ensure the rights in the ICCPR, to give effect to it, and to provide a remedy in the event of violation). Chapter 7 considers article 4 (derogation provision). Chapter 8 considers article 6 (right to life). Chapter 9 considers article 7, (torture and other prohibited treatment and punishment), and, in part, article 10 (treatment of persons deprived of their liberty). Chapter 10 considers article 14 (fair trial). Chapter 11 considers article 19 (freedom of opinion and expression). Chapter 12 considers article 20 (war propaganda and advocacy of national, racial or religious hatred). Chapter 13 provides a general appraisal of the the work of the Human Rights Committee.
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Kohno, Takeshi. "Emergence of human rights activities in authoritarian Indonesia : the rise of civil society /". The Ohio State University, 2003. http://bibpurl.oclc.org/web/21105.

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Milli, Ece. "Assessing The Human Rights Regime Of The Council Of Europe In Terms Of Economic And Social Rights". Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12615020/index.pdf.

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This thesis seeks to answer the question whether economic and social rights have the same status with civil and political rights under the human rights regime of the Council of Europe. To this end, the thesis examines the assumptions with regard to the nature of economic and social rights, on the one hand, and civil and political rights, on the other. Second, it seeks to find out whether the nature of economic and social rights is different from that of civil and political rights. Third, it examines how the protection of and approach to the two sets of rights developed in the Council of Europe. Finally, it assesses the contemporary protection of economic and social rights in the Council of Europe in comparison to protection of civil and political rights.
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Coskun, Asu. "Enforcement Of Intellectual Property Rights In A General Framework And Evaluation Of Enforcement Measures In The Eu Context". Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/2/12608078/index.pdf.

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This thesis analyzes the enforcement measures for the protection of intellectual property rights in an international and regional framework. The challenges posed by the digital technology
the difficulties faced by right holders, judiciary, public agencies, international and regional organizations in the implementation stages will be discussed by referring to the legal texts such as the TRIPS Agreement, the EU Enforcement Directive and Regulations. All dimensions of counterfeiting and piracy will constitute an important focus of this thesis. The thesis will seek to clarify uncertainties arising from the jurisdictional conflicts for the determination of the applicable law and competent courts in intellectual property cases involving foreign elements.
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Zasimczuk, Ivan A. "Maxwell M. Rabb : a hidden hand of the Eisenhower administration in civil rights and race relations". Thesis, Manhattan, Kan. : Kansas State University, 2008. http://hdl.handle.net/2097/753.

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Figlali, Taskin Aysegul. "Developing A Scale Of Citizenship Perceptions In Terms Of Rights And Duties In Contemporary Turkey". Phd thesis, METU, 2008. http://etd.lib.metu.edu.tr/upload/3/12609695/index.pdf.

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ABSTRACT This thesis approaches the concept of citizenship from the angle of citizens by focusing on the citizenship perception of the citizens in Turkey. It has been aimed to measure citizenship perceptions in terms of the balance between both total rights and duties, and also in terms of civil, political and social elements of citizenship. Liberal and civic republican conceptions of citizenship have been employed as the ideal-standard models against which it is attempted to measure the citizenship perceptions, because it is consensually agreed that the Turkish notion of citizenship is based on a civic republican understanding which emphasizes duties over rights. For this purpose a scale for citizenship rights and another one for citizenship duties have been developed on the basis of a questionnaire. Additionally, in order to measure people&rsquo
s opinions concerning the possible effects of Turkey&rsquo
s EU membership on citizenship issues a scale of &ldquo
EU membership and citizenship&rdquo
has been developed. In addition to the questionnaire study which was applied to unionized workers, employers, bureaucrats and retired military officers, focus group meetings and interviews were conducted. The results of the scale study revealed that all occupational groups shared a republican perception of citizenship as far as the total right and duty items are considered. However, in terms of political and social elements of citizenship, occupational groups displayed different perceptions. In terms of political elements, while workers, employers and bureaucrats emphasized the political rights, with respect to social elements workers assigned more weight to social rights. The EU membership and citizenship scale results indicated that all occupational groups shared a pro-EU perspective with respect to its effects on citizenship.
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Coban, Aslihan. "An Examination Of Two Turkish Ngos From A Pluralist Perspective: Human Rights Association (ihd) And Women For Women". Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607720/index.pdf.

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The major aim of this study is to evaluate the role of Turkish non-governmental organizations (NGOs) in the consolidation of democracy in Turkey regarding the characteristics defined by the classical pluralist theories, starting with the ideas of Alexis de Tocqueville, and by contemporary pluralist approaches to civil society. To that end, characteristics of two examples, iHD and KiH-YÇ
V will be examined using three dimensions: effectiveness, enhancing solidarity and responsibility, and the dimension of inner democracy. As the methodology of the case study, in-depth interview techniques were adapted for capturing the qualities of the organizations in a detailed way. At that level, in-depth interviews from each organization were conducted with members having different positions. In addition to this, all written documents obtained from the organizations were scanned and the relevant ones have been examined for the sake of the study. Since the aim of the study is to understand what part Turkish NGOs play in the consolidation of democracy in Turkey considering the assumptions of classical and contemporary pluralist school in their analysis of voluntary associations and interest groups, this study espoused an associational concept of democracy as the method of work, which is a contemporary concept that underlines the democratic role of free and voluntary associations. In this context, this study tries to discuss the following questions: To what extent are Turkish NGOs independent from the state? To what extent can they have leverage on governmental policies? Do they mitigate conflict through overlapping interests? Do they enhance social trust, tolerance, compromise and a sense of solidarity in society and within their organization? To what extent are they democratic, pluralist and horizontally structured inside their organization and to what extent they are democratic regarding their decision making process? Are they open and inclusive enough in their membership recruitment techniques?
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Prebble, Zoë, e John Prebble. "Comparing the General Anti-avoidance Rule of Income Tax Law with the Civil Law Doctrine of Abuse of Law (Part II)". IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123114.

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This article compares and analyzes how member States of the European Union, the United States of America and the United Kingdom combat tax avoidance through its legal systems. The article addresses issues such as the influence of the Court of Justice of the European Union and the case Cadbury Schweppes in establishing anti-avoidance rules in member States of the European Union and the application of Business Purpose Doctrine in the United States of America and the United Kingdom.
El presente artículo compara y analiza la manera en que los Estados miembros de la Unión Europea, los Estados Unidos y el Reino Unido combaten la elusión tributaria a través de sus sistemas legales. El artículo aborda temas como la influencia del Tribunal de Justicia de la Unión Europea y el caso Cadbury Schweppes en el establecimiento de normas antielusivas en los Estados miembros de la Unión Europea, y la aplicación de la doctrina de la simulación en los Estados Unidos y en el Reino Unido.
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Aydin, Gulsen. "Authoritarianism Versus Democracy In Uzbekistan: Domestic And International Factors". Master's thesis, METU, 2004. http://etd.lib.metu.edu.tr/upload/12604690/index.pdf.

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The objective of this thesis is to analyze the authoritarian Karimov regime in post-Soviet Uzbekistan on a comprehensive basis and shed light on the domestic and international factors that has shaped this regime. The thesis consists of three main parts. The first part of the study defines the concepts of democracy and authoritarianism and provides the criteria to determine if a regime is democratic or authoritarian. The second part applies the theoretical framework developed in the first part to Uzbekistan. The third part deals with the factors that helped Karimov to strengthen his authoritarian rule in the country. The main argument of this study is that the incumbent leadership in Uzbekistan has failed to take steps to establish democracy in the country in post-Soviet period. The changes that were introduced proved to be only decorative, they lacked substance. The president of the country, Islam Karimov, has aimed at consolidating his own authority rather than establishing democracy and that his attempts to realize this aim resulted in the strengthening of executive branch in Uzbekistan at the expense of legislative and judiciary, silencing of the opposition forces, curtailment of the civil and political rights of the citizens, restriction of autonomy of civil society organizations and media.
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Libri sul tema "Civil rights - general"

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1949-, Balkin Karen, a cura di. Civil rights. San Diego: Greenhaven Press, 2004.

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Figueroa, Ana Maria. Teoría general de los derechos humanos. Santa Fe, Argentina: Editorial Juris, 1992.

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García, Juan Pablo Acosta. Procuraduria general de los derechos humanos. [República Dominicana]: Unión Dominicana de Periodistas por la Paz, 1997.

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Misión de Verificación de las Naciones Unidas en Guatemala., a cura di. Compendio general sobre el proceso de paz de Guatemala. Guatemala: Misión de Verificación de las Naciones Unidas en Guatemala (MINUGUA), 2000.

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Martínez-Pujalte, Antonio Luis. Los derechos fundamentales en el sistema constitucional: Teoría general e implicaciones prácticas. Granada: Comares, 2011.

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Rautenbach, I. M. General provisions of the South African Bill of Rights. Durban: Butterworths, 1995.

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Union, American Civil Liberties, a cura di. ACLU report on the civil liberties record of Attorney General Edwin Meese. Washington, D.C: American Civil Liberties Union, 1987.

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Hoffman, David. Human rights in the UK: A general introduction to the Human Rights Act 1998. Harlow: Pearson Longman, 2003.

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Córdova, Luis Castillo. Elementos de una teoría general de los derechos constitucionales. Piura: Universidad de Piura, 2003.

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Hull, Mary. Rosa Parks: Civil rights leader. A cura di Blakely Gloria e Wagner Heather Lehr. Philadelphia: Chelsea House Publishers, 2005.

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Capitoli di libri sul tema "Civil rights - general"

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Rylski, Piotr, e Karol Weitz. "Polish Enforcement Law in Civil Cases General Characteristics and Directions of Development". In Effective Enforcement of Creditors’ Rights, 199–215. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-5609-5_19.

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Alder, John. "Civil Liberties: General Principles and The Human Rights Act 1998". In Constitutional and Administrative Law, 321–42. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-15077-9_15.

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Hu-DeHart, Evelyn. "Affirmative Action, Civil Rights, and Racial Preferences in the U.S.: Some General Observations". In Affirmative Action in China and the U.S., 213–25. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230100923_13.

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Simons, William B. "Rights of Ownership. General Concepts". In Soviet Civil Law, a cura di O. N. Sadikov, 111–21. Routledge, 2019. http://dx.doi.org/10.4324/9781315493893-10.

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"General Provisions". In Civil Code Of The Russian Federation, a cura di William e. Butler, 87–89. Oxford University PressOxford, 2003. http://dx.doi.org/10.1093/oso/9780199261536.003.0013.

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Abstract The owner shall have the right at his discretion to perform with respect to property belonging to him any actions which are not contrary to a law and other legal acts and do not violate the rights and the interests protected by a law of other persons, including to alienate his property in ownership to other persons, to transfer to them while remaining the owner the rights of possession, use, and disposition of the property, to pledge out property and to encumber it by other means, and to otherwise dispose of it.
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Bu, Yuanshi. "I. Personality Rights". In Chinese Civil Code - The General Part -, 84–87. Verlag C.H.BECK oHG, 2021. http://dx.doi.org/10.17104/9783406779299-84.

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Bu, Yuanshi. "III. Obligatory Rights". In Chinese Civil Code - The General Part -, 92–94. Verlag C.H.BECK oHG, 2021. http://dx.doi.org/10.17104/9783406779299-92.

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"General Provisions". In Civil Code Of The Russian Federation, a cura di William e. Butler, 62–65. Oxford University PressOxford, 2003. http://dx.doi.org/10.1093/oso/9780199261536.003.0006.

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Abstract To objects of civil rights shall be relegated things, including money and securities, other property, including property rights; work and services; information; the results of intellectual activity, including exclusive rights thereto (intellectual property); and nonmaterial benefits. Objects of civil rights may be freely alienated or be transferred from one person to another by way of universal legal succession (inheritance, reorganisation of juridical person) or by other means unless they have been withdrawn from turnover or are limited in turnover.
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Bu, Yuanshi. "II. Rights in Things". In Chinese Civil Code - The General Part -, 87–92. Verlag C.H.BECK oHG, 2021. http://dx.doi.org/10.17104/9783406779299-87.

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Bu, Yuanshi. "II. Acquisition of Rights". In Chinese Civil Code - The General Part -, 82–83. Verlag C.H.BECK oHG, 2021. http://dx.doi.org/10.17104/9783406779299-82.

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Atti di convegni sul tema "Civil rights - general"

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Arhipova, E. YU. "On the issue of limiting human and civil rights and freedoms". In General question of world science. "Science of Russia", 2020. http://dx.doi.org/10.18411/gq-31-07-2020-11.

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Джораева, С. В., Е. П. Головина e Д. Д. Кабаргина. "HUMAN AND CIVIL RIGHTS AND FREEDOMS". In ИНСТИТУТЫ ЗАЩИТЫ ПРАВ ЧЕЛОВЕКА И ГРАЖДАНИНА В ИСТОРИИ РОССИИ. Crossref, 2022. http://dx.doi.org/10.56777/lawinn.2023.83.24.008.

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Abstract (sommario):
Роль прав и свобод человека и гражданина достаточно значительна. Рассматривается понятие прав и свобод человека и гражданина. Дается общая характеристика становления. Также в особенности рассматриваются гражданские и политические права. The role of human and civil rights and freedoms is quite significant. The concept of human and civil rights and freedoms is considered. A general characteristic of the formation is given. Civil and political rights are also considered in particular.
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Semyakin, Mikhail. "Reformation of the Russian Civil Code in the Context of Human Rights Protection". In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-20.

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In connection with the reform of civil legislation, several amendments are being drafted into the Russian Civil Code, in particular into the institute of property rights, which need to be scientifically analysed from the perspective of ensuring that citizens’ rights are adequately protected. The study is to scientifically evaluate the proposed amendments, and to develop individual recommendations for their improvement. Besides general scientific methodology, the following specific scientific study methods were employed: dogmatic, formal-logic, comparative-legal, as well as methods of interpreting normative material and analysing court practice. In the context of the protection of the rights and legal interests of civilians, an analysis was carried out of the projected regulations on the institute of property rights and the individual novelties contained in the Law ‘On introducing amendments to Part One of the Civil Code of the Russian Federation’ have been examined. In general, the proposed amendments to the institution of proprietary rights implying the assurance of proper protection of rights of bona fide individuals are adequately protected. Particular attention was paid to certain contentious points between the designed amendments and effective legislative provisions, in particular those relating to the rights of the previous owner of the property and the good faith purchaser of the property in question. Recommendations regarding certain incorrect provisions were given, particularly in relation to recognising a real estate acquirer as a bona fide purchaser who relied on data from the state register until it is proven in court that he knew that there was no right to alienate the concerned property. The draft amendments are considered for the first time in the context of the proper protection of citizens’ rights and in close connection with the provisions of the Constitutional Court of the Russian Federation and the European principle of proportionality.
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Maydanyk, Roman. "General provisions of digital property law: Categorizing digital assets". In 9th International e-Conference on Studies in Humanities and Social Sciences. Center for Open Access in Science, Belgrade - Serbia, 2023. http://dx.doi.org/10.32591/coas.e-conf.09.02011m.

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The relatively recent global emergence of distributed data storage technologies and their various applications are entering a market of digital assets and draw up a new, intangible property class. Consequently, property-legal aspects of using digital assets and emergence of digital property law become increasingly important. These legal issues warrant an integrated and functional approach and are affecting reconsidering of property law and broad understanding of property by categorizing of digital assets as property. Digital assets are a new asset class whose adoption necessitates a transformation of absolute property rights similar from exclusively tangible ownership to such intangible ownership as intellectual property, as well as from a materialized securities and negotiable documents (bills of lading, bill of exchange) to a fully dematerialized securities, electronical negotiable documents and online-accounts. This approach is based on the extending the rules on the rights in rem and other property absolute rights to the items created for the rights in personam, whereby items stemming from contractual relationships have become the subjects of property regime. This paper explores how property law can manage this transition in a proper way and employ distributed ledger technology to increase the efficiency of their operations and to provide digital assets in an integrated way. Starting by describing the concepts of digital assets property law, the paper then describes the concept of property, and then concept of digital assets and their categorizing as property, thereby focusing on а framework for a future digital assets property law of the selected civil law and common law jurisdictions.
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Olsena, Solvita. "Pieaugušu cilvēku ar lemtspējas ierobežojumiem tiesības administratīvajā procesā". In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.43.

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The paper presents the current legal regulation of rights of persons with limited capacity in administrative procedure and suggests considering amendments to secure the implementation of norms stated in the UN Convention on the Rights of Persons with Disabilities. First, the general framework of legal capacity in Latvian law is described. Second, the procedural rights of persons with limited legal capacity in the administrative procedure in line with general regulations in Civil Law are analysed. Third, the rights of persons with limited capacity stated in Articles 12 and 13 of the Convention on the Rights of Persons with Disabilities are characterised. Finally, the development of amendments to the administrative procedure laws required for the protection of persons with limited capacity is suggested.
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Cicoria, Massimiliano. "Legal Subjectivity and Absolute Rights of Nature". In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.06.

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The anthropocentric approach that characterizes all human knowledge has led to a distortion of the relationship with Nature and a view of it as a mere object of law. This approach, presumably originating with Socrates, had solid support in Plato, Aristotle, Ptolemy, and finally, in Catholic patristics, hinging on all disciplines starting from philosophy, psychology, economics, up to law. Dwelling on the latter, examples of legislation that qualify Nature as an object of law are, increasingly over time, the Forest Charter of 1217, the Italian Law No. 1766 of 1927 on civic uses, and furthermore – Art. 812 of the Italian Civil Code, and finally – the cd. Consolidated Environmental Law. This view is, however, changing in some states such as Bolivia, New Zealand, India, Ecuador, Uganda, – the states that through either legislative acts or rulings of supreme courts have begun the process of granting both to Mother Earth in general, and rivers in particular, the status of juridical persons which are endowed with series of very personal rights, which are recognized. This is not the case in Europe, where the relevant legislation continues to consider Nature (or, better, the Environment) as an object of law, therefore as a “thing” from which to draw, albeit within certain limits, utilities of all kinds. By analysing legal instruments potentially useful for a Copernican revolution on this point – in particular, the Kelsenian concept of “legal person”, the meaning of “company” and the European provisions on Artificial Intelligence – the first conclusion is reached: in a relationship that is not only theoretical, but also practical and utilitarian, it would be opportune to start considering, also through acknowledgments in constitutional sources, the Nature as a subject and no longer an object of rights. In this regard, following the general theories of people’s rights, it could be granted certain absolute rights, of which the right to water, restoration and biodiversity are examined in the current article. Hence, we come to the second conclusion, namely, the contrasts that, in Western law, such an approach could suffer, analysing in particular the problems of neo-naturalism and representation.
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Klasiček, Dubravka, e Tomislav Nedić. "CONTEMPORARY PROPERTY (RIGHTS) CHALLENGES : DIGITAL ASSETS, ANIMALS AND HUMAN BODY PARTS". In International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27457.

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Abstract (sommario):
Contemporary general social development reflects its challenges in inducting into three fundamental categories: digital, green and health. Each of the three categories above has its civil (private) law issues, which primarily concern the concept of property itself. The paper focuses on key stakeholders from three mentioned categories: digital assets, animals and human body parts. Technology has had a significant impact on human life, and as a result, a person, during his/her lifetime, accumulates a huge number of digital assets. The most important questions concerning digital assets are: can they be treated as corporeal things (or incorporeal entities equalized with corporeal things), and what are the users’ legal rights over these assets? To a certain extent, the mentioned question is transferred to animals as well, through various animal ethical and biocentric considerations. In a situation where animals also greatly influence human life, the question arises whether the conception of thing(s) in the context of animals has become inadequate. Can we still treat animals as property, or are new concepts needed to understand animals’ legal status? Are new concepts also necessary for understanding the (civil) law status of human body parts? Increasing biomedical technological development has led to different ways of preserving human life and health. However, such preservation carries with it a priori various legal and bioethical questions that need to be answered in order to distinguish whether and under what conditions parts of the human body can be the objects of property rights. In observing the mentioned civil law and in certain situations, (bio)ethical and legal philosophical problems and questions, the authors approach analytically, comparatively and casuistically.
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Gisca, Veronica. "Practical aspects of patrimony functions". In 26th International Scientific Conference “Competitiveness and Innovation in the Knowledge Economy". Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/cike2022.27.

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Abstract (sommario):
The institution of civil law functions with notions from which it itself is formed. Among the main notions of civil law that need to be regulated is that of patrimony. Patrimony is a distinct legal institution that represents the totality or universality of patrimonial rights and patrimonial obligations that belong to a person. Heritage is a legal concept that expresses the set of rights and obligations of a person as a universality, as a totality independent of the goods that the heritage includes at a given moment; whether we regard it as an entity closely related to the person of the subject or whether a universality of rights necessarily exists for any subject of law (even when the passive exceeds the active); it can never be alienated but can be transmitted to the death of the subject at the moment when its will, which gives it the character of unity, is extinguished. The patrimony includes tangible and intangible assets, consumable or fungible, movable or immovable, principal and accessory assets, etc. That is, everything that represents the powers, faculties, The patrimony fulfills three functions, essential in their importance: the patrimony constitutes the general pledge of the creditors, realizes the real subrogation with universal title and makes possible the universal and universal transmission of rights and obligations.
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Silva, Bárbara Thaís Pinheiro, Francielle Araujo Pains, Júlia Nicole Ramos Melo Carneiro, Laura Aizys Mafra Ribeiro, Lauriene Soares Guedes da Silva, Maria Clara de Souza Dias e Nicolle Francine Bigochinski Lima. "The participation of civilians in armed conflicts: A case study of the Russian-Ukrainian war". In III SEVEN INTERNATIONAL MULTIDISCIPLINARY CONGRESS. Seven Congress, 2023. http://dx.doi.org/10.56238/seveniiimulti2023-218.

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In a common practice since the Middle Ages, women, children, the elderly, unarmed combatants and prisoners of war have been under the aegis of rules guaranteeing their rights to integrity. With the deployment of weapons with a high destructive potential in civil conflicts in the mid-19th century, a new discussion about the protection of groups indirectly involved in the fighting emerged, and a new type of institutionalized legislation was developed, agreed at international level through multilateral conventions. In 1864, as one of the milestones of the new humanitarian legal portfolio, the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies on Campaign presented the international sphere with a new code of general application, which proposed equal support for wounded combatants.
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Novaković, Milan. "IZAZOVI LOKALNOG OMBUDSMANA U SRBIJI U VREME „GLOBALNE PANDEMIJE"". In Razvoj i unapređenje institucije ombudsmana u funkciji zaštite ljudskih prava. University of Kragujevac, Faculty of Law, 2023. http://dx.doi.org/10.46793/ruio23.185n.

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Abstract (sommario):
As the history of the civilization as we know it changed – so did The attitude about a man as a human being. With the evolution of society and human consciousness, human rights and freedoms also evolved, so troughout history we have seen people in The Old Century as a “slaves”, in The Middle Century as a “labor”, and in The New Century as a “citizens”. Civil and political rights are considered universal rights that apply to any of us and that each of us acquires(gets)at birth. The evolution in the development of human rights and freedom has led to the fact that they are incorporated into The Constitutions of countries, international affairs but the more acts are there - the greater are the chances that someone violates them. Freedom as a value today is going trough its greatest trials, and human rights and freedoms are being restricted today, more than ever before, for numerous of reasons, and The Concept of human rights development to the institutional framework called – The Constitution and citizen rights is called into question. In this Era of globalism and transhumanism acts(Protocols of WHO) passed by supranational organizations, such as The so-called “World Health Organization UN” have stronger legal power than the Constitution of states. Over time, The General acts of global/transnational organizations gained so much importance that they become more important to the administrative bodies in Serbia, than The most important legal act in the country – The Constitution. This is the root of all problems because the hierarchy of legal acts in the country is broken, so in the continuation of this paper, on the occasion of the twentieth anniversary of The Institution of The Local ombudsmen in Serbia, I’ll explain, using my example from practice how I - by protecting The Constitution of The Republic of Serbia and The Institution of The Local ombudsmen in Serbia – finished(ended up) at the court.
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Rapporti di organizzazioni sul tema "Civil rights - general"

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Баттахов, П. П. Договоры о передаче исключительных прав на объекты промышленной собственности с участием социальных предприятий. DOI CODE, 2021. http://dx.doi.org/10.18411/1818-1538-2021-55669.

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The article considers contractual designs aimed at transferring exclusive rights to industrial property. The problem of the contractual process was identified when concluding a contract on the transfer of a set of exclusive rights. Based on the study, a number of changes to Russian laws have been proposed. First of all, this applies to a commercial concession contract. The author proposes to amend the Civil Code of the Russian Federation by supplementing the article on commercial concession with the right of organizations that do not conduct commercial activities to conclude the same contracts on a general basis. The appropriateness of applying the classification of transactions into real and consensual ones in relation to this contract is justified. The peculiarities of transfer of the complex of exclusive rights to objects of industrial property with participation of social enterprises under the legislation of the Russian Federation are studied.
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Hendricks, Kasey. Data for Alabama Taxation and Changing Discourse from Reconstruction to Redemption. University of Tennessee, Knoxville Libraries, 2021. http://dx.doi.org/10.7290/wdyvftwo4u.

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At their most basic level taxes carry, in the words of Schumpeter ([1918] 1991), “the thunder of history” (p. 101). They say something about the ever-changing structures of social, economic, and political life. Taxes offer a blueprint, in both symbolic and concrete terms, for uncovering the most fundamental arrangements in society – stratification included. The historical retellings captured within these data highlight the politics of taxation in Alabama from 1856 to 1901, including conflicts over whom money is expended upon as well as struggles over who carries their fair share of the tax burden. The selected timeline overlaps with the formation of five of six constitutions adopted in the State of Alabama, including 1861, 1865, 1868, 1875, and 1901. Having these years as the focal point makes for an especially meaningful case study, given how much these constitutional formations made the state a site for much political debate. These data contain 5,121 pages of periodicals from newspapers throughout the state, including: Alabama Sentinel, Alabama State Intelligencer, Alabama State Journal, Athens Herald, Daily Alabama Journal, Daily Confederation, Elyton Herald, Mobile Daily Tribune, Mobile Tribune, Mobile Weekly Tribune, Morning Herald, Nationalist, New Era, Observer, Tuscaloosa Observer, Tuskegee News, Universalist Herald, and Wilcox News and Pacificator. The contemporary relevance of these historical debates manifests in Alabama’s current constitution which was adopted in 1901. This constitution departs from well-established conventions of treating the document as a legal framework that specifies a general role of governance but is firm enough to protect the civil rights and liberties of the population. Instead, it stands more as a legislative document, or procedural straightjacket, that preempts through statutory material what regulatory action is possible by the state. These barriers included a refusal to establish a state board of education and enact a tax structure for local education in addition to debt and tax limitations that constrained government capacity more broadly. Prohibitive features like these are among the reasons that, by 2020, the 1901 Constitution has been amended nearly 1,000 times since its adoption. However, similar procedural barriers have been duplicated across the U.S. since (e.g., California’s Proposition 13 of 1978). Reference: Schumpeter, Joseph. [1918] 1991. “The Crisis of the Tax State.” Pp. 99-140 in The Economics and Sociology of Capitalism, edited by Richard Swedberg. Princeton University Press.
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Georgalakis, James, Saira Ahmed, Vaqar Ahmed, Marjorie Alain, Karine Gatellier, Ricardo Fort, Abid Suleri et al. Stories of Change: Covid-19 Responses for Equity. Institute of Development Studies, dicembre 2023. http://dx.doi.org/10.19088/core.2023.018.

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Covid-19 Responses for Equity (CORE) was a three-year, CA$25m rapid research initiative that brought together 20 research projects to understand the socioeconomic impacts of the pandemic, improve existing responses, and generate better policy options for recovery. The research, funded by the Canadian International Development Research Centre (IDRC), took place across 42 countries in Africa, Asia, Latin America and the Middle East. The Institute of Development Studies (IDS) supported CORE to maximise the learning generated across the research portfolio and deepen engagement with governments, civil society, and the scientific community. This publication celebrates the impact of that research, and highlights Stories of Change from seven of the CORE projects that successfully influenced policy, practice, and understandings of the crisis. Collectively, these individual case studies provide a narrative about the nature of research impact in emergencies and the implications for the design and delivery of future rapid response research initiatives. There are clear lessons around the importance of organisational reputation, and the value of co-designing research with decision makers whilst simultaneously taking a critical position. Every story here emphasises the need to understand political context and to explore the trade-offs between research rigour and the timeliness of evidence. Above all, they illustrate the value of flexible funding arrangements that enable local teams to respond to fast-moving crises. These stories demonstrate unequivocally the value of locally led research responses to emergencies with the right international flow of resources and support. CORE’s research teams were well-placed to bring together communities, civil society organisations, and governments to create a space for vulnerable and marginalised groups to discuss their lived experiences of the pandemic and bring these perspectives into policy conversations. Their success hinged on their hyper-local knowledge and their unswerving focus on providing real-time evidence to advocate for the wellbeing of affected communities.
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Perdigão, Rui A. P. Beyond Quantum Security with Emerging Pathways in Information Physics and Complexity. Synergistic Manifolds, giugno 2022. http://dx.doi.org/10.46337/220602.

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Abstract (sommario):
Information security and associated vulnerabilities have long been a pressing challenge, from the fundamental scientific backstage to the frontline across the most diverse sectors of society. At the tip of the iceberg of this problem, the citizens immediately feel that the reservation of privacy and the degradation of the quality and security of the information and communication on which they depend for the day-to-day activities, already of crucial relevance, are at stake. Naturally though, the challenges do not end there. There is a whole infrastructure for storing information, processing and communication, whose security and reliability depend on key sectors gearing modern society – such as emergency communication systems (medical, civil and environmental protection, among others), transportation and geographic information, the financial communications systems at the backbone of day-to-day transactions, the information and telecommunications systems in general. And crucially the entire defence ecosystem that in essence is a stalwart in preventing our civilisation to self-annihilate in full fulfilment of the second principle of thermodynamics. The relevance of the problem further encompasses the preservation of crucial values such as the right to information, security and integrity of democratic processes, internal administration, justice, defence and sovereignty, ranging from the well-being of the citizen to the security of the nation and beyond. In the present communication, we take a look at how to scientifically and technically empower society to address these challenges, with the hope and pragmatism enabled by our emerging pathways in information physics and complexity. Edging beyond classical and quantum frontiers and their vulnerabilities to unveil new principles, methodologies and technologies at the core of the next generation system dynamic intelligence and security. To illustrate the concepts and tools, rather than going down the road of engineered systems that we can ultimately control, we take aim at the bewildering complexity of nature, deciphering new secrets in the mathematical codex underlying its complex coevolutionary phenomena that so heavily impact our lives, and ultimately bringing out novel insights, methods and technologies that propel information physics and security beyond quantum frontiers.
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