Suchergebnisse

Sexual harassment as defined in Victoria's Equal Opportunity Act (2010) includes any undesirable conduct of a sexual nature that makes a person feel offended, humiliated, and/or intimidated. The intention of the harasser is irrelevant. An isolated occurrence is deemed adequate for sexual harassment to be identified which is to say that a pattern of such behaviour is not necessary for sexual harassment to occur. Despite being unlawful, sexual harassment remains a significant and valid concern in workplaces. This Research Brief examines the Victorian Attorney General's Office (VAGO) 2020 report on Sexual Harassment in Local Government. It examines the objective and the findings of the report including the prevalence, prevention and response of sexual harassment in local government in the state of Victoria.

39International organizations — Personality — Legal personality of international organizations in English law — Organization granted the legal capacities of a body corporate — Whether organization thus created a body corporate — Whether capacities of a body corporate include capacity to incur contractual liabilities on own account — Whether members liable for contracts concluded in the name of the organization — International Tin Council — Sixth International Tin Agreement, 1982 — International Tin Council-United Kingdom Headquarters Agreement, 1972 — International Tin Council (Immunities and Privileges) Order 1972 — The law of England

Being a sex offender brings its own set of problems for the prisoner but to be gay as well adds an extra burden of discrimination. Anthony Preece, serving sentence at Usk Prison, describes the double jeopardy he has experienced as a gay man who is also a convicted sex offender, the different treatment afforded prisoners who are openly gay and the absence of legal protection for gay men within the penal system.

Those who work with separating families face the challenge of reconciling their professional practice and assumptions with the diversity of legal rules and policies which seek to mitigate the effects of breakdown and the protection of children. Felicity Kaganas and Christine Piper of Brunel University examine the response of court welfare officers to that challenge in the light of their recent research and new legislation extending the potential role of grandparents.

538Treaties — Effect in municipal law — EEC Treaty, 1957 — Article 177 — Reference by municipal court for preliminary ruling by Court of Justice of the European Communities — Powers of Court of Justice to invalidate legislation of EEC institutions — Limitation of effect of declaration of invalidity so as not to cover municipal proceedings giving rise to ruling by Court of Justice — Legal basis — Whether compatible with fundamental rights under national constitutionsRelationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by Treaty — Fundamental rights under national constitution — Reference to Constitutional Court alleging unconstitutionality of EEC provisions — Whether provisions of EEC law prevailing over fundamental constitutional rightsTreaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courtsInternational organizations — EEC — Institutions — Powers — Court of Justice — Power to invalidate legislation of EEC institutions — Limitation of retroactive effect of declarations of invalidity for reasons of legal certainty — Compatibility with fundamental right of individuals to judicial protectionHuman rights — Procedure for enforcement — EEC — Right to judicial protection — Scope of judicial protection of individuals within the Community — Procedure under Article 177 of EEC Treaty — Preliminary rulings of Court of Justice — Declarations of invalidity of EEC regulations — Legal effects — Limitation of effects so as not to cover municipal proceedings giving rise to ruling by Court of Justice — Whether violating right of individuals to judicial protectionHuman rights — Procedure for enforcement — Fundamental rights under Constitution of Italy — EEC Treaty, 1957, and legislation — Possible conflict with fundamental rights under Constitution of Italy — Whether EEC provisions subject to constitutional review by municipal courts to establish compatibility with fundamental constitutional rights — Whether protection of 539fundamental rights adequately safeguarded within Community legal order — The law of Italy

The Paris Climate Agreement can be seen as illustrating the evolution of how legal norms are enforced in international law. While the Agreement benefits from a carefully thought-out enforcement mechanism in the international legal order, with techniques that encourage compliance rather than sanction non-compliance, its enforcement is also supported by domestic legal orders. Indeed, the Paris Agreement benefits from both hard and soft enforcement mechanisms. Here, all techniques and all actors have a role to play. This contribution shows that in order to discern the enforcement mechanisms attached to a legal instrument, it is sometimes necessary to take a global and complex look at all legal orders, techniques and actors, since they can act in a complementary manner.

The Paris Climate Agreement can be seen as illustrating the evolution of how legal norms are enforced in international law. While the Agreement benefits from a carefully thought-out enforcement mechanism in the international legal order, with techniques that encourage compliance rather than sanction non-compliance, its enforcement is also supported by domestic legal orders. Indeed, the Paris Agreement benefits from both hard and soft enforcement mechanisms. Here, all techniques and all actors have a role to play. This contribution shows that in order to discern the enforcement mechanisms attached to a legal instrument, it is sometimes necessary to take a global and complex look at all legal orders, techniques and actors, since they can act in a complementary manner.

Swart gevaar was a term used during apartheid to refer to the perceived security threat of the majority black African population to the white South African government and the white minority population. The Native Territories Penal Code, transported from English law, assimilated the doctrine of common purpose into South African law. During apartheid, the doctrine of common purpose served as one of many governmental tools to criminalise the black population and curtail the swart gevaar. The development of the doctrine largely occurred during the apartheid-era, whereby the white-ruled judiciary continuously sacrificed legal principles to ensure that the doctrine achieved its' crime control objective. The doctrine was expanded beyond its original scope in the Native Territories Penal Code to encompass two distinct forms of common purpose, namely: common purpose by prior agreement, whether by express or implied mandate; and common purpose in its active association form. In the 2003 case of Thebus and Another v The State, the Constitutional Court declared the doctrine of common purpose; in its active association form, constitutional. The Constitutional Court rejected the appellants' argument that the doctrine infringes an accused's constitutionally protected rights to dignity, freedom and security of persons, and a fair trial including the right to be presumed innocent. The Constitutional Court's finding came as a surprise, as it ignored worldwide condemnation of the doctrine throughout the apartheid regime and Constitutional democratic era. This paper challenges the Constitutional Court's finding and critically examines the doctrine of common purpose in the context of constitutional jurisprudence, general principles of criminal law, and policy considerations.

Bill introduced by the Texas Senate relating to access by a public institution of higher education to the criminal history record information of certain persons seeking to reside in on-campus housing.

In the context of the work carried out on a project of a new edition of the Civil Code of the Republic of Uzbekistan, the theoretical aspects of the foundations of determining the legal capacity of individuals on the basis of current civil law standards of the Republic of Uzbekistan are considered. The relevance and scientific novelty of legal regulation of civil advantages of individuals are identified. The situation is justified that the idea of civil legal personality is associated with the presence of such qualities as legal capacity and capacity. It is determined that although civil rights belong to the person regardless of its legal capacity, but at the same time, only persons with legal capacity can be parties to individual civil legal relations. The provision is considered that although the law does not directly indicate the cessation of the legal capacity of the citizen declared dead, but the legislation did not "recognize the citizen who deceased", and "the declaration of him deceased", which emphasizes the difference between the establishment of the fact of death and the declaration of deceased, which is not Eliminates the possibility of the appearance of this person. It is considered that the legal capacity of an individual is a prerequisite for the prevalence of specific subjective rights, as well as equality in the ability to be a carrier of civil rights and obligations does not mean equality in specific subjective rights.

Chapter IV.C-3 of the academic "Draft Common Frame of Reference", published in February 2009, deals with the specific construction contract (articles IV.C-3:101 to IV.C.-3:108), i.e. the contract "under which one party, the constructor, undertakes to construct a building or other immovable structure, or to materially alter an existing building or other immovable structure, following a design provided by the client" (article IV.C.-3:101). The aim of this paper is firstly to set out some points of comparison, in relation with the building of immovable structures only, between the solutions provided under the Draft Common Frame of Reference and under Belgian law to the same legal issue (especially the variations ordered by the client, the delivery procedure and the liability for defects which appear after delivery of the works) and then to discuss the specific rules existing in Belgium regarding the acquisition by consumers of buildings (houses or apartments) under construction. Finally, I will discuss the question as to whether it could also be useful to take further steps towards harmonising consumer protection in the field of construction law. ; Peer reviewed

The article is devoted to the study of the legal regulation of parole in the form of life imprisonment in Ukraine. An analysis of the norms of international acts that regulate this issue, the case law of the European Court of Human Rights and the experience of some foreign countries. Attention is drawn to the fact that the European Court of Human Rights emphasizes that the existing pardon system in Ukraine is a violation of Art. 3 of the European Convention on Human Rights, and for their harmonization and implementation of the standards referred to in Article 3 of the Convention, the following requirements must be met: 1) those sentenced to life imprisonment must know from the very beginning of their sentence what they must do in order to obtain the right to parole; 2) the convict should not be kept in places of imprisonment if the penological grounds for his further detention have disappeared; 3) the presence of these grounds must be checked within a certain period of time; 4) the release mechanism must have clear criteria and procedural guarantees; 5) the refusal to satisfy the request for parole must be justified. The hopelessness of the possibilities of releasing persons from criminal liability in Ukraine has been proved. It is stated that the existing institution of pardon in our state is only an exception, it cannot be considered as providing a real prospect of release. Such exclusivity is also directly recognized by the Pardon Regulations, according to which persons convicted of particularly serious crimes may be pardoned only in exceptional cases in the presence of extraordinary circumstances. Given that the Ukrainian legislation does not contain an interpretation of the concepts of «pardon», «early release of persons sentenced to life imprisonment», there are additional difficulties in their enforcement. In addition, the futility of parole in Ukraine is recognized by international institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ...