Suchergebnisse

El feminismo de la Transición contribuyó de manera decisiva a la extensión de los principios igualitarios en la sociedad española, replanteó el concepto de política para integrar en ella a las mujeres como sujetos activos y nuevos derechos vinculados a lo personal, y se movilizó en campañas muy influyentes en demanda de reformas legales que consolidaron la naturaleza democrática del Estado. En este texto se propone partir de la paradoja de la igualdad y la diferencia para reflexionar sobre las relaciones entre feminismo y política en la Transición, abordando tanto el debate de la doble y la única militancia, como las principales interpretaciones sobre el alcance de los logros del feminismo en la configuración del Estado democrático. ; Transition feminism contributed decisively to the spread of egalitarian principles in Spanish society, redefined the concept of politics to integrate women as active subjects and new rights related to the personal, and mobilized in demand for legal reforms that strengthened the democratic State. This paper aims to consider the influence of equality-difference paradox on the relationship between feminism and politics in Spanish Transition, both on the debate of only or double militancy and on the interpretations of feminist contributions to the democratic State-building. ; Este artículo se ha elaborado en el marco del proyecto de investigación FEM2010-19068 del Ministerio de Ciencia e Innovación.

Structural change has a far-reaching impact on inequality. It exposes the population to challenges and opportunities. Foreign trade and technological progress have been widely put forth as a structural driver of inequality. Broader structural change, such as demographic transition, can also impinge upon inequality. Structural change in developing Asia has been unprecedented in its scale and speed. The heterogeneity of the population implies that the adjustment capacity to these changes varies. The fundamental solution to mitigating the adjustment costs arising from structural change lies in empowering individuals to become more productive, adaptable, and versatile through access to education and employment. Structural change exerts a significant effect on inequality in both advanced and developing countries. The experiences of the advanced economies entail valuable lessons for developing Asia. Extensive structural change is both a cause and consequence of the exceptionally rapid economic growth, which enabled developing Asia to raise living standards and reduce poverty at a historically unprecedented rate. The region has already begun the difficult and complex task of addressing inequality arising from structural change. There is a growing recognition that more sustainable growth supported by broad-based political and social support requires a growth strategy, which provides equality of opportunity, especially in education and employment. The newly developing more inclusive growth philosophy envisions expanded social protection systems and social safety nets to protect the poor and the vulnerable.

Includes bibliographical references. ; The problem with the corroboration requirement in sexual offences is that it is based on an improper foundation. The proffered rationale, that most complainants lie about sexual offence allegations, cannot be verified from empirical data. Regardless of this fact, due to the rule's existence, the standard of proof in sexual offence cases is unnecessarily raised above that which normally obtains in other criminal cases, causing convictions in sexual offences very hard to come by. The rule is found to be only premised on discrimination against women. Such being the case, the rule runs counter to the current Constitutional order which is founded on principles of equality before the law, non-discrimination and the dignity of all persons. It is also against the Constitutional commitment of offering women full and effective protection. This paper advocates that such an evidential rule is undesirable for it serves no useful purpose in the adjudication of sexual matters and that the rule is unfairly discriminatory against women and unconstitutional in the present Malawi constitutional regime. It further advocates that the rule should be abolished both by judicial pronouncement and legislatively. Since the corroboration requirement is a common law rule, lessons will be drawn from comparative common law jurisdictions which used to have the rule but have now abolished it, such as South Africa, Namibia, the State of California, Canada and England.

National audience ; The law of 1946, which establishes the Reunion Island as a French Overseas Department, is the source of a policy of assimilation and an economic and social development project aimed at bridging the gap with Mainland France. Major, deep and widespread changes would follow, changing in less than half a century the local society, forged by the plantation and the colonial system, to a form of post-industrial society, modern, complex and segmented, built on rationality and equality principles. Inequalities in the health sector must be understood in light of this rapid changes, especially regarding the emergence of a middle class and a urban and media public sphere. ; La loi de 1946 qui érige l'île de La Réunion en département français d'Outre-mer entraîne une politique d'assimilation et un projet de développement économique et social visant à combler le retard avec la Métropole. S'en suivent d'importantes mutations rapides, profondes et généralisées qui font passer, en moins d'un demi siècle, la société locale, forgée par le système de la Plantation et la période coloniale à une forme de société post-industrielle, moderne, complexe et segmentée, construite selon des principes de rationalité et d'égalité, d'inspiration métropolitaine. Les inégalités face à la santé doivent être appréhendées à la lumière de ces transformations rapides, particulièrement en regard de l'apparition d'une classe moyenne et de l'émergence d'un espace public médiatique et urbain.

This Article examines a topic at the intersection of consumer protection and antidiscrimination law: the use by employers and licensing organizations of applicants' credit reports and financial histories in the hiring and licensing processes. The Article begins with a broad normative assessment of the merits of the practice by examining applicable "logics of personhood," categories of a framework of antidiscrimination analysis that assesses whether traditionally unprotected groups are entitled to formal antidiscrimination safeguards. Thus, the Article considers whether financial histories validly and reliably reflect personality traits relevant to job performance. It then examines to what extent the use of financial history in the employment and licensing settings is a necessary and helpful deterrent to debt default—long regarded as a socially undesirable practice. Next, the Article evaluates the practice's impact on traditionally disadvantaged groups by assessing its relationship to racial equality and social mobility. Finally, in a novel application of behavioral economics to the area of credit reports and financial history, this Article suggests that, in spite of the difficult conceptual distinctions between consumer debtors and traditional Title VII categories like race, sex, and national origin, the findings of behavioral economists suggest that an adverse financial status is more immutable than neoclassical economists have been willing to concede. These observations lend critical normative support to legislative efforts to establish a stronger financial history antidiscrimination norm.

National audience ; The law of 1946, which establishes the Reunion Island as a French Overseas Department, is the source of a policy of assimilation and an economic and social development project aimed at bridging the gap with Mainland France. Major, deep and widespread changes would follow, changing in less than half a century the local society, forged by the plantation and the colonial system, to a form of post-industrial society, modern, complex and segmented, built on rationality and equality principles. Inequalities in the health sector must be understood in light of this rapid changes, especially regarding the emergence of a middle class and a urban and media public sphere. ; La loi de 1946 qui érige l'île de La Réunion en département français d'Outre-mer entraîne une politique d'assimilation et un projet de développement économique et social visant à combler le retard avec la Métropole. S'en suivent d'importantes mutations rapides, profondes et généralisées qui font passer, en moins d'un demi siècle, la société locale, forgée par le système de la Plantation et la période coloniale à une forme de société post-industrielle, moderne, complexe et segmentée, construite selon des principes de rationalité et d'égalité, d'inspiration métropolitaine. Les inégalités face à la santé doivent être appréhendées à la lumière de ces transformations rapides, particulièrement en regard de l'apparition d'une classe moyenne et de l'émergence d'un espace public médiatique et urbain.

In the summer of 2011, thousands of people unified and organized to create what is now known as the Occupy movement. To highlight the reckless financial practices that helped create a global economic crisis and a recession that has adversely affected the majority of Americans the movement's first protest took place on Wall Street in New York. Soon after, in cities across the country, people took to city halls and public spaces to join in the protest against economic and social inequalities. The social unrest displayed was an attempt by these protesters to influence government to the changing order of society. This study focuses on a smaller but vociferous and fervent branch of the Occupy movement, Occupy Oakland. The City of Oakland has drawn a substantial amount of attention because of the decisions of its Mayor on how to cope with the protesters and the strength used by law enforcement to clear the encampments. Data were collected using a survey instrument designed to capture people who identify with the Occupy Oakland movement. I aim to convey information about the people involved in the movement by analyzing descriptive statistics under the scope of social movement theories. Moreover, through logistic regression I explore whether ethnicity, employment, gender, education or party affiliation are key indicators for the alignment with the general ideology of this movement, which is to fight for greater social justice and economic equality.

This study examines the relationship between rap music and internal colonization in Oakland, California from 1965-2010. As rap music continues to gain exposure and popularity, hip-hop culture has increasingly become a topic in the social sciences and humanities. Most studies of hip-hop culture have predominately focused on the mass-market trend toward worldwide commercialization of rap rather than fully examining how underground units continue to inform and innovate the mass trend. Inadequate attention is currently paid to the political development of rap as an underground narrative from a single location. Using primary sources from Oakland, this project explores rap's development from its origins in the "war" between the Black Panther Party (BPP) and COINTELPRO efforts. I argue two points. First, the messages in Oakland rap were shaped and influenced by the militant, radical, and political nature of the BPP in a way that mainstream rap music was not. Second, the styles of Oakland rap blended into a robust local brand before the scene gained a modicum of popular attention--while the New York/Los Angeles paradigm was in the spotlight. This raises significant questions about the agenda setting role of local rap artists--namely, their ability to create messages and styles of music that are resistant to co-optation even while achieving popularization and commercialization. As such, this study offers new insights into urban politics and addresses fundamental questions of power and equality in a liberal democracy.

We know that the rule of law requires both citizens and governments to be subject to known and standing laws. The enforcement or supremacy of law also requires generality in the law. This principle is a further development of the principle of equality before the law. Laws should not be made in respect of particular persons. Those laws ought not to be too easily changeable. Stable laws are a prerequisite of the certainty and confidence which form an essential part of individual freedom and security. In this connexion, when the Geng of Motorcycle appeared, there are many problems of law in society. They can't feel their freedom, security and conducive situation. Therefore, we must give a big attention to solve the Geng of Motorcycle, so that in society the laws ought to be rooted in moral principles, which cannot be achieved if they are framed in too detailed a manner. The enforcement of law to the Geng of Motorcycle requires a definition of law to which the above principles may go some way. A failure to maintain the formal differences between these things must lead to a conception of law as nothing more than authorisation for power, rather than the guarantee of liberty, equally to all.The rule of law ensures that individuals have a secure area of autonomy and have settled expectations by having their rights and duties pre-established and enforced by law.

This Article examines a topic at the intersection of consumer protection and antidiscrimination law: the use by employers and licensing organizations of applicants' credit reports and financial histories in the hiring and licensing processes. The Article begins with a broad normative assessment of the merits of the practice by examining applicable "logics of personhood," categories of a framework of antidiscrimination analysis that assesses whether traditionally unprotected groups are entitled to formal antidiscrimination safeguards. Thus, the Article considers whether financial histories validly and reliably reflect personality traits relevant to job performance. It then examines to what extent the use of financial history in the employment and licensing settings is a necessary and helpful deterrent to debt default-long regarded as a socially undesirable practice. Next, the Article evaluates the practice's impact on traditionally disadvantaged groups by assessing its relationship to racial equality and social mobility. Finally, in a novel application of behavioral economics to the area of credit reports and financial history, this Article suggests that, in spite of the difficult conceptual distinctions between consumer debtors and traditional Title VII categories like race, sex, and national origin, the findings of behavioral economists suggest that an adverse financial status is more immutable than neoclassical economists have been willing to concede. These observations lend critical normative support to legislative efforts to establish a stronger financial history antidiscrimination norm.

A weighted view of labor law: commentaries on the MSE regime and the proposal «Law of New Enterprise»The present article evaluates constitutional character of the regime of Micro and Small Enterprises (MSE) and the legislative proposal of «Law of New Enterprise» from the jurisprudence of the Constitutional Court. With this purpose it starts with analyzing own characters of the right to equality as a classical liberal right that is based on social rights as the right to work. Finally, the article seeks to dispel doubt of whether those regimes, MSE and the Law of New Enterprise, they obey to a policy of promotion of employment or rather they introduce a differentiated treatment without objective basis and therefore unconstitutional. ; El presente artículo evalúa el carácter constitucional del Régimen de la Micro y Pequeña Empresa (MYPE) y de la propuesta legislativa de la «Ley de la Nueva Empresa» a partir de la jurisprudencia del Tribunal Constitucional. Con dicho propósito parte de analizar los caracteres propios del derecho a la igualdad, que como derecho liberal clásico es base de derechos sociales como el derecho al trabajo. Finalmente, el artículo busca despejar la duda de si los referidos regímenes, MYPE y Ley de la Nueva Empresa, obedecen a una política de promoción del empleo o más bien introducen un trato diferenciadosin sustento objetivo y, en consecuencia, inconstitucional.

Abstract
An important edited collection on US and European migration policies as vehicles or factors of institutional racism are dealt with in this review-essay. In the context of recent literature on migration, Pietro Basso's State Racism proposes a specifically Marxist approach and represents a sharp critical analysis of the ongoing surge in racism sweeping across Western Europe and North America by offering an investigation into the authoritarian, racialising, and elitist drift of Western democracies and societies. Particular importance is given to the spread of hostility towards migrants among native workers, often due to a condition of isolation, weakness, and vulnerabilities produced by the failures of trade unions and political organisations of the working class. The essays in the collection point towards ways in which these can be effectively thwarted and blocked by renewing collective struggles and solidarity, arguing that solidarity can stimulate the development of anti-racism based on the unity of the working class, capable of combating all types of discrimination through self-organisation, equality, and cooperation between migrant and native workers in the common struggle to assert needs and rights. At the present conjuncture, workers across borders can be the carriers of a new form of civilisation, liberated from the supremacy of the commodity and of money, from the exploitation of labour, and from racism and sexism.

With few exceptions the Arab world has made a big progress toward political liberalization in the recent two years. Morocco could be a model to follow for other countries if it sustains current direction of political change. The King Muhammad VI decided to lead important reforms: amendment to the Constitution, separation of the structures of power and independence of the judiciary. In this way, the situation has not led to signifiant outburst of citizen anger and rioting like in a number of Arab states. Political and social reforms were initiated by the King addressing the requests and needs of the society, for example the reform of family code called Mudawwana. Muhammad VI recognized the multicultural roots of Moroccan society, confirmed gender equality and extended the freedom of speech. Yet, these changes did not address the needs of all social groups. Demands for more responsive and accountable government, pressures for economic reforms, and greater pluralism in the shaping of public policy arose in Morocco. Nevertheless, opposition considered these changes insufficient, given the scale of youth unemployment, lack of prospects, failure of woman's rights and crisis of education. In Morocco state legitimacy does not decline because of a particular position of the King, religious legitimacy of power and specific political culture of Moroccan society. According to many analysts, the Kingdom of Morocco did not dismantle the basic structures of power, especially the influential elite institution – machzen.

En el presente artículo se plantea un modelo hermenéutico fundado en el debido proceso como derecho fundamental o principio constitucionalizado, que posibilita en la aplicación de las normas procesales la atribución de sentido en defensa del hombre y sus consabidos valores en tanto expresión cultural del Estado Constitucional y Democrático de Derecho. Se trata entonces de vindicar la voz garantista en el proceso, de suerte que éste se conforme y desarrolle a partir de su carácter dialéctico regido por la imparcialidad, la cooperación, la libertad, la igualdad y la dignidad humanas. En esta estructura, los jueces son voceros de la razón práctica en cada caso concreto y por ende asumen el deber jurídico-constitucional de hacer del derecho la mejor obra de arte. ; This article proposes a hermeneutic model based on due process as a fundamental right or constitutional principle, which enables, in the application of procedural rules, the attribution of sense in defense of man/woman and his/her well-known values as cultural expression of the Constitutional and Democratic Rule of Law. It is about to vindicate the guarantor voice in the process, so that it forms and develops from its dialectical character governed by impartiality, cooperation, freedom, equality, and human dignity. In this structure, judges are spokesmen of the practical reason in each specific case and, therefore, they assume the legal and constitutional duty to make of law the best work of art.

Soccer, and other sports, has provided and will continue to give women an arena for change and has positively contributed to the evolution of a democratic and egalitarian global society. This thesis will analyze the local, national and international efforts striving to empower women by providing them with the opportunities to play soccer as a part of the larger feminist movement fighting for women's rights and equality. In order to understand these efforts, the reader will be provided with a history of the Women's International Sports Movement (WISM) and an explanation of the social, economic, legal and political obstacles faced by women worldwide. An analysis of the experiences of Israeli women with soccer and other sports at the local, national and international levels will give the reader the context needed to understand one locale where women are struggling to overcome societal constraints. Additionally, the combined lack of Equal Rights legislation, such as Title IX, and the unique sport-militarism-nationalism linkage has played a defining role in the shortage of sports opportunities faced by Israeli women. This thesis concludes with a discussion of the future role WISM must play in Israel to achieve a fully egalitarian environment for women's sports. Also, this thesis will help the reader understand the status of women's sports internationally, as well as at the local and national levels in Israel, in the hopes of supporting and furthering the efforts of the many female athletes and other feminists involved in this struggle.