Search results

The 1992 Constitution recognizes the existence of people prior to the formation of the Paraguayan State and in that sense it gives them certain rights that protect their territory, identity and culture. This declaration of purpose constitutes a break with the previous model of dominant and exclusionary state policies toward indigenous peoples. However, the rights of indigenous peoples continue without respected, in spite of the space won in terms of social and political organizations, the struggle continues in this constant «search of the land without evil». This paper aims to describe the current situation of indigenous peoples from an analysis of access to public services, economic status, employability, employment discrimination and public policy. It also attempts to explain the factors that have influenced in the lack of consolidation of the indigenous movement in Paraguay. ; La Constitución Nacional de 1992 reconoce la existencia de pueblos anteriores a la conformación del Estado paraguayo y, en ese sentido, les otorga una serie de derechos que protegen sus territorios, identidad y cultura. Esta declaración de intenciones constituye un quiebre con respecto al modelo anterior de políticas estatales dominantes y excluyentes hacia los pueblos indígenas. No obstante, los derechos de los pueblos indígenas siguen sin respetarse, y a pesar de los espacios ganados en cuanto a organizaciones sociales y políticas, la lucha continúa en esa búsqueda constante de la tierra sin mal. Este trabajo busca describir la situación actual de los pueblos indígenas a partir de un análisis del acceso a los servicios públicos, la situación económica, la empleabilidad, la discriminación laboral y las políticas públicas. Asimismo, intenta explicar los factores que han influido en la escasa consolidación del movimiento indígena en Paraguay.

In this article, Joshua Cohen critically asseses one of the main claims that\nThomas Pogge defends in World Poverty and Human Rights. According to this thesis, that\nCohen calls Strong Thesis, most of the global poverty problem could be eliminated through\nminor modifications in the global order that would entail at most slight reductions in the\nincomes of the affluent. Cohen subjects this thesis to strict scientific scrutiny and concludes\nthat it is unwarranted by available evidence and argument. In the course of his argumentation,\nhe discusses other claims by Pogge such as the idea that the citizens of rich countries\nharm the poor, and he reflects on the connections between political philosophy and social\nsciences and the spirit that should govern our investigations concerning global poverty ; Fil: Cohen, Joshua. Universidad de Standford; Estados Unidos ; En este artículo, Joshua Cohen se propone evaluar críticamente una de las tesis\nprincipales que Thomas Pogge defendió en World Poverty and Human Rights. Según esta\ntesis, que Cohen denomina Tesis Fuerte, la mayor parte del problema de la pobreza mundial\npodría eliminarse a través de modificaciones menores en el orden mundial que implicarían\ncomo mucho leves reducciones en los ingresos de los más ricos. Cohen somete la tesis\na un examen científico riguroso, concluyendo que carece de fundamento en los argumentos\ny pruebas disponibles. En el curso de la argumentación, discute otras tesis de Pogge, como\nla idea de que los ciudadanos de los países ricos dañan a los pobres, y reflexiona sobre los\nvínculos entre filosofía política y ciencias sociales, así como sobre la actitud con la que,\ndesde las ciencias sociales, debe encararse el problema de la pobreza global

ÖZYeşiller 1960'lardan bu yana çevre ve sosyal politika gibi konuların AB politik alanında tartışılmasını sağlayarak AB polikalarının biçimlenmesine katkıda bulunmaktadır. Özellikle refah devletinin krizi ile Yeşiller AB içinde sosyal haklarının savunucusu olarak yer almaya devam etmişlerdir. Yeşiller temel olarak Avrupa Birliği'nin Pazar odaklı politikalarını eleştirir ve yeşil ıdeolojı çerçevesinde Avrupa politikalarına katkıda bulunmaya çalışmaktadır. Bu çalışmanın temel argümanı Avrupa Birliği sosyal hakların iyileştirilmesinde daha etkin bir rol alması ve refah devletinin krizine çözüm bulabilmesi için Yeşillerin katkısı kaçınılmaz bir gerekliliktir. Bu nedenle bu çalışmada Avrupa Birliği sosyal politikasında Avrupa Yeşillerinin katkısı incelenmeye çalışılmıştır ve Yeşiller'in ne ölçüde Sosyal Avrupa'nın ortaya çıkmasında katkıda bulunabileceğini anlamaya çalışmaktadır. ABSTRACTSince 1960s, green politics have affected the European integration process. The Greens make important contributions to the European politics by bringing some issues into the political arena to be discussed, concerning environment and social policy. The Greens mainly criticize the European Union's (EU) market based policies, and try to contribute into European policies in the lights of green ideology. Especially with the crisis of welfare state, the Greens remain as the advocate of the social rights within the EU. The main argument of this study is that EU should take a leading role for the improvement of social rights to offer an effective solution for the crisis of welfare as Europe being the territory where the social policy is emerged and that contribution of Green perspective is essential for the development of sustainable European social policy. Thus this study aims to examine the European Greens' contribution especially in the European social policy, and tries to understand to what extent the Greens can contribute in the emergence of Social Europe.

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to be undermining the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state's expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus "expressive" in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them.

The increase in labour precarity which has accompanied the global economic and financial crisis is itself part of a longer term historical trend towards the increasing vulnerability of labour through the growth of precarious and contingent forms of employment (Frade and Darmon, 2005). This has two elements that are especially relevant in the current economic downturn and its aftermath: 1. The immediate impact of crisis on regulated labour standards in general, that is, on employment protection, regulation and enforcement 2. The longer-term role crisis-induced migration flows in accelerating labour precarity on a European and transnational scale. Both these issues need to be seen against fundamental changes in the architecture of European labour rights and the diminishing regulatory reach of labour law as it seeks to accommodate the competitiveness agenda of the European Commission in promoting greater labour "flexibility" and an "individualisation" of employment rights. Yet the contemporary political economy of capitalism, not least, its spectacular regulatory failure, has placed the issue of the renewal of regulation back on the agenda of governments and supranational agencies. If capital needs regulation to control its financial excesses, an inescapable conclusion that the European Union and its member state governments appear to recognise, the need is at least equal for regulation to control the harms which capital directly perpetrates on labour at both a national and supra-national level. In this context, claims for effective labour standards pose a public policy imperative of devising protective regulatory strategies to counter precarity, not least those aspects of precarity heightened by the crisis. The challenge is to address the socially imperative task of "re-protecting" the "un-protected" in an increasingly globalised and insecure labour market.

The concepts of need and needs are pervasive in everyday discourse, public policy, especially social policy (see e.g. Witkin & Altschuld 1995, Brazelton & Greenspan 2000), management and marketing (see e.g. Jackson et al. 2004), and international policy areas such as humanitarian aid and the Millennium Development Goals. They have a long history in humanistic economics (Lutz & Lux 1988) and parts of welfare economics (e.g. Pigou 1920), even if sometimes different words were used (Amartya Sen, interviewed in Weiss et al., 2005: 240). Needs language essays some central functions – first, to make analyses of motivation richer and more realistic, extending our explanatory repertoire beyond 'economic man'; second, to analyse instrumental roles and connections; and third to help structure and humanise policy prioritisation, and extend our evaluative repertoire beyond conventional economic measures such as per capita income. In all this, needs language attempts a communicative function too: to support the explanatory and normative work with frames that are simple enough yet robust enough to be usable, yet not too misleading, in routine professional and political discourse. Needs language is hard to order, because of how widespread and varied these roles are. Pervasive use has been frequently accompanied by casualness and obscurity. Added to currents opposed to any notion of publicly determined priorities rather than only market determined priorities, this has led to frequent opposition to the category of 'needs' in economics. Work in the past generation strengthened the structures of needs language, reinforcing it as a central medium in policy and administration and connecting it to the languages of human rights and well-being. This entry looks at the variety and nature of needs concepts, and at their relationship to research on human well-being and to ideas of human rights.

'Choice' and 'voice' are two of the most significant means through which the public are able to participate in public services. Choice agendas position public service users as consumers, driving improvements by choosing good providers over bad, which then thrive through greater allocations of funds as money follows their selections (Le Grand, 2007). Choice-driven reforms tend to be about trying to make public services more locally responsive (Ferlie, Freeman, McDonnell, Petsoulas and Rundle-Smith, 2006). Voice-driven reforms, on the other hand, tend to position public service users as citizens, suggesting an emphasis on accountability mechanisms to drive service improvements through elections, with the possible removal of low regarded officials, or a greater involvement of local people in the running of services (Jenkins, 2006). Voice implies that citizens hold the right to participate in public services either through the political process, or through their direct involvement in the running or delivery of the services themselves. Of course, it is also possible to combine choice and voice mechanisms to try and achieve greater service responsiveness and accountability. In this review, choice reforms will be treated as those which are based upon consumer literature, and voice reforms those based upon attempting to achieve greater citizenship.Citizenship and consumption are two areas with significant literatures in their own right, but whereas the citizenship literature is widely cited in the social policy literature, the consumption literature appears rather more selectively. This review examines each area in turn in terms of its application to social policy, and then presents a synthesis of commonalties in the two literatures, which represent particularly promising avenues for exploring the relationship between public services and their users.

Globalization proved to be a strong challenge to sovereignty but the state still does not waive its competences in the field of immigration control. This essay aims to present early works of political theoreticians in the field of ethics of immigration - most of all Michael Waltzer who speaks in favour of collective right of states to control the entry of people and Joseph Carens who defends the open borders principle. Even without challenging the general right of state to immigration control, one can speak about moral obligation of admitting certain categories of non-citizens which liberal-democratic states should meet. On the other hand, no strategy of membership control can be consistent with central liberal principles according to which every person have equal moral value. At the end, the essay considers potential world of migration without borders and some of positive implications of such scenario. . ; Globalizacija se pokazala kao jak izazov suverenitetu, ali država još uvek ne daje svoje ingerencije u oblasti kontrole imigracije. Ovaj esej ima za cilj predstavljanje prvih radova političkih teoretičara u oblasti etike imigracije - ponajviše Majka Volcera, koji govori u prilog kolektivnog prava država da kontrolišu ulazak ljudi, i Džozefa Karensa, koji brani princip otvorenih granica. Čak i bez dovođenja u pitanje generalnog prava države na kontrolu imigracije može se govoriti o moralnoj obavezi primanja određenih kategorija nedržavljana koju bi trebalo da ispune liberalno-demokratske države. S druge strane, nijedna strategija kontrole članstva ne može biti konzistentna sa centralnim liberalnim principima po kojima svaka osoba ima jednaku moralnu vrednost. Na kraju, u eseju se razmatra potencijalni svet migracija bez granica i neke od pozitivnih implikacija jednog takvog scenarija. .

Situation of national minorities is analyzed in this final work. Most of modern world states are homogeneous no more for a long time already. That also includes Lithuanian Republic, where there is about 20 per cent of society of non Lithuanian nationality people. The most national minorities in Lithuania and neighbor countries of Latvia and Poland are Russian, Pole, Byelorussian and representatives of other national groups. That is why it is very important those countries to be equally vouched with laws to all citizenry and that effective security policy of national minorities would have been also pursued. The main problem of national minorities is that all legislators often try to delay the enactment of new laws and some adequate institutions are working not so effectively, when political, economical and social conditions change. It is very hard for national minorities to protect one's own rights, because it's difficult to prove the fact of discrimination, moreover, courts are tended to explain the rules, which vouches rights and freedoms, constrictively. The main purpose of this comparison research was to reveal the legal status of present national minorities in Lithuania, Latvia and Poland, to compare enacted rules of those states, which regulate the questions of national minorities and main problems that appear. Finally, the goal was to give recommendations on law and other rules corrections, which could solve those problems. After analyzing the rules of national minorities in neighborhood of Latvia and Poland, we could make a conclusion, that the status of Lithuania's national minorities is fairly regulated by laws, however, there are areas, where it is necessary to fix, improve and initiate new projects of deeds, in order the status of national minorities to be moved on ahead in our society.

In 1979, The People's Republic of China (PRC) introduced its controversial one-child-per-family policy in an attempt to control its rapid population growth. The policy remains an extraordinary national effort to control and engineer societal development and human reproductive behavior. Subsequently, this archetypal nonviolent policy has attracted worldwide attention and is often criticized for unethically abridging human rights. For example, it has been called everything from "eugenics," "systems engineering," "inhumane," to "illegal." However, analysis of the policy from a variety of competing ethical perspectives demonstrates that the policy and its implementation cannot be said to be unethical. Specifically, this article considers the policy and its implementation from the ethical perspectives of Lockean contractarianism, communitarianism, utilitarianism, international law, and international realism. The analysis demonstrates the utility of considering public policies from a variety of ethical considerations.Public social policies are generally assessed and evaluated in terms of economic cost-effectiveness; however, efficiency and economy are neither indisputable nor sole criteria for the formulation of public policies. Emphasizing financial, opportunity and other economic costs is only one dimension of policy analysis; ethical implications, social and human costs must also be considered. Public policies in practice inevitably incorporate alternative choices for distributing and allocating social resources. Policy formulation and implementation necessarily involve politics and normative values. They also pose expansive questions regarding rights, duties, and ethics. In the words of Deborah Stone, a Dartmouth Professor of Government, "reasoned analysis is necessarily political. It always involves choices to include some things and exclude others and to view the world in a particular way when other visions are possible." This article employs different ethical perspectives to evaluate China's one-child policy and its implementation.

Situation of national minorities is analyzed in this final work. Most of modern world states are homogeneous no more for a long time already. That also includes Lithuanian Republic, where there is about 20 per cent of society of non Lithuanian nationality people. The most national minorities in Lithuania and neighbor countries of Latvia and Poland are Russian, Pole, Byelorussian and representatives of other national groups. That is why it is very important those countries to be equally vouched with laws to all citizenry and that effective security policy of national minorities would have been also pursued. The main problem of national minorities is that all legislators often try to delay the enactment of new laws and some adequate institutions are working not so effectively, when political, economical and social conditions change. It is very hard for national minorities to protect one's own rights, because it's difficult to prove the fact of discrimination, moreover, courts are tended to explain the rules, which vouches rights and freedoms, constrictively. The main purpose of this comparison research was to reveal the legal status of present national minorities in Lithuania, Latvia and Poland, to compare enacted rules of those states, which regulate the questions of national minorities and main problems that appear. Finally, the goal was to give recommendations on law and other rules corrections, which could solve those problems. After analyzing the rules of national minorities in neighborhood of Latvia and Poland, we could make a conclusion, that the status of Lithuania's national minorities is fairly regulated by laws, however, there are areas, where it is necessary to fix, improve and initiate new projects of deeds, in order the status of national minorities to be moved on ahead in our society.

Abstract  The creation of a club, the recruitment of new members, and the subsequent pursuit of an association's goals by its members present a succession of constitutive acts designed to advance a particular vision of citizenship. That vision may sometimes sit comfortably within the established state order, but quite often the activities of clubs are viewed by the state with suspicion, and may even be deemed subversive. The rights and obligations of an association's members serve as a blueprint for the form of citizenship pursued, and they participate in the genealogy of citizenship through their efforts to construct particular forms of civic society. By requiring a formal act of membership, all associations are to a degree exclusionary, thus bestowing power and influence on club members. Non‐members are normally viewed as outsiders or as others, and members who fail to respect a club's constitution may be dropped from the insider‐citizenship it represents. The Montreal Bicycle Club (MBC), formed in 1878, presents an illuminating example of how associations engage in acts of citizenship with its codes of conduct and hierarchies. Its members practiced a version of technological citizenship. MBC members asserted rights of use of the road in fierce competition with other road users, exerted political power through the elite Anglo circles of Montreal, and advocated the virtues of modern technology. Their highwheel bicycles were among the most visible modern artifacts on the streets. They were the first citizens to "go out for a spin", and there was a distinctive spatiality to many of their riding activities. They present a category of modern citizens whose purpose was to construct a technologically advanced, but highly structured society according to their masculinist vision.

Europskom poveljom utvrđuje se i obveza utemeljenja te svekolikoga pomaganja rada tzv. prekograničnih televizija. Zemlje koje imaju svoje manjine ili dio svoga naroda koji je konstitutivan i suveren u drugim državama imaju pravo i obvezu, zajedno s tim državama, za njih osigurati elektroničke medije i TV kanal na njihovu materinjem jeziku. To se pravo, međutim, u Bosni i Hercegovini onemogućava i čak zakonski zabranjuje. Uređenje elektroničkoga medijskog prostora što ga u Bosni i Hercegovini provodi međunarodna zajednica vjerna je slika unutarnjega ustavnog ustroja koji nameće ta ista zajednica. Procesi globalizacije i modeli liberalnodemokratskoga uređenja služe samo kao izgovor i opravdanje potpune političke i kulturne unitarizacije zemlje i nepravedne podjele BiH na dva entiteta, iako je ona zemlja triju suverenih naroda. ; The European charter also determines the obligation of establishing and comprehensive helping to the functioning of the so called trans-border televisions. Countries which have their minorities or a part of nation, who is constitute and sovereign in other countries, have a right and obligation, together with those countries, to provide them the electronic media and a TV channel in their mother tongue. That right is thwarted and even legally forbidden in Bosnia and Herzegovina. Arranging of the electronic media space, which is in Bosnia and Herzegovina implemented by the international community, is a real presentation of the internal constitutional structure which is imposed by the same community. Processes of globalization and models of the liberal-democratic arrangement serve only as an excuse and justification of the complete political and cultural unitarianism of a country and unjust division of BiH in two entities, although it is a country of three sovereign nations.

This article examines the legal and civilstatus of Russian Protestants at the beginning of the twentieth century. By that time there were at least three streams that later developed into the confessions of Russian Protestantism — Evangelical Christians, Baptists, and Seventh Day Adventists; Pentecostals emerged soon after. The Edict "On Strengthening the Beginnings of Religious Tolerance" dated April 17, 1905, defined the legal rights of Russian religious minorities and abolished their persecution as apostates. Nevertheless, the contradictory nature of the Russian laws allowed local authorities to take arbitrary action against Russian Protestants. Within religious politics and the social movements of that time two opposing currents fought with varying success: sympathy for the emancipation of Russian Protestants and attempts to stop this process by legislative, criminal, administrative, and social means. The latter tendency prevailed during World War I; however, the February Revolution of 1917 declared all confessions equal. Although before 1917 Russian Protestants were a persecuted religious minority, their participation in the revolutionary movement was sporadic, and their social activities were directed largely to advocacy for the establishment of freedom of conscience and civil institutions in Russia, as well as to defense of the rights of fellow believers. Unlike Protestants in the West, Russian Protestants could not and did not strive to become at all an influential movement, claiming a special social political role in the history of the country. However, the legalization of Russian Protestantism was very important. Later on, despite hardships and periods of severe persecution, Russian Protestantism preserved its legal status (at least partly, on the level of individual communities or confessions) and proved to be an independent and tenacious phenomenon of Russian religious life.

Recent discussion in Administrative Law has begun to re-examine the relationship between public administration and citizenship. It is recognition of public administration's important civic role beyond formal administration. It is, as well, recognition that the dimensions of an "Administrative Citizenship" are subject to new realities, and, where, perhaps, the notion of citizen in public law, traditionally associated primarily with nationality and electoral rights, is also due for re-examination. In researching the history of these constructs of citizen and "administré", it is seen that 19th century doctrine made little distinction. Therefore the recent developments are more a re-convergence than an innovation. Yet still these developments have had to contend with such new realities, political and social, which have established that "Administrative Citizenship" no longer totally excludes non-nationals.Administrative Citizenship consists in the proffering of a series of rights to the "administré". A real power is accorded to them as well by the renewed participation in a greater variety of forms of administrative proceedings. In a sense there is an evolution in what is considered due to the Administrative Citizen. It is shifting the focus from a strict procedural duty, to a broader public accountability, and, perhaps, further to a duty to enhance the participatory experience of the citizen in public administration. ; En reconnaissant que l'administré est aussi un citoyen, des textes récents considèrent que la relation administrative est irréductible à un rapport d'usage et comporte une dimension civique ; les implications de cette "citoyenneté administrative" ne sont pourtant pas toujours élucidées. Cette identification soulève en effet de nombreuses interrogations, en particulier à l'égard de la notion de citoyenneté, traditionnellement présentée en droit public comme reliée à la nationalité et aux droits électoraux.Pourtant, l'examen des constructions respectives des notions d'administré et de citoyen montre ...