Suchergebnisse

The protection of economic, social and cultural rights is vital for everyone, no matter where they live. This volume sets out some of the important legal issues about these rights, including who has obligations, when they apply and how they are relevant to contemporary concerns, such as trade and democracy

Les obligations auxquelles la Société a pris l'engagement de satisfaire en cas de guerre sont les suivantes:a) Etablissement et entretien de huit hòpitaux de réserve, avec un total de 2.000 lits;b) Equipement et entretien de 15 stations d'arrêt pour les malades, avec abri pour la nuit, pour un total de 3,053 lits;c) Equipement et entretien de 28 stations d'arrêt pour les malades, sans couchée, pour 3,200 lits;

According to definition and laws, the role of the prosecutor is to represent public goods. In the cases of war crimes, that public good is not exhausted with criminal prosecution of the perpetrators of the criminal offences, but it also covers reparation of the damage to the victims. This is not part of the judiciary praxis of Bosnia and Herzegovina. Although there is a clear obligation to collect evidence that would support damage claims of the victims as prescribed in the Criminal Procedure Code of Bosnia and Herzegovina (CPCBH), in reality prosecutors fail to fulfill this obligation. In few cases, settled before the Court of Bosnia and Herzegovina, where the court had awarded compensation to the victims of war crimes, merits for that are to be given to the victims who have, on their own initiative and with their own limited resources, hired attorneys and other experts who acted as prosecutors. To prevent this from happening in the future, having in mind hundreds of potential pending cases (with thousands of victims) waiting for trial, this practice needs to be changed. In that way, although mostly only declaratory in nature in criminal codes and during war crimes trials, more "realistic" and "humane" justice could be achieved for those directly affected by these crimes.

Employers in the UK are under a legal obligation to ensure that their recruitment procedures conform with the Sex Discrimination Act (1975), which states that employers must not discriminate or indicate any hidden intention to discriminate against a potential employee on the grounds of their sex. Yet the very fact that many jobs are still viewed as 'male' or 'female' is often sufficient to prevent the non‐dominant gender group from applying for those positions (Ray, 1990). Managerial jobs have traditionally been male dominated and organisations are under a legal obligation to ensure that their recruitment procedures do not indicate any intention to discriminate, either overtly or covertly. Therefore, organisations need not only to demonstrate that they have no intention to discriminate, especially in traditionally male dominated occupations such as management, but they also need to ensure that their intention not to discriminate is clearly and explicitly communicated to potential job applicants (Ray, 1990). The aim of this article is to address the similarities and differences between the job search experiences of unemployed female and male managers, and to present the research findings from an in‐depth study of unemployed British managers.

PurposeWhile women in most European societies still carry the largest burden in caring for the family, there is also an important unrealised learning interest among women. This has an impact on women's labour market and career opportunities. This paper aims at analysing empirically the role of family obligations in women's ability to realise their learning interests and how this differs across societal and institutional contexts across Europe.Design/methodology/approachThe paper makes use of the second wave of Adult Education Survey from 2011, including data from 22 European countries. The article focuses on women aged 25–55 – an age group most affected by parental obligations. Logistic regression models are used to compare the effect that children in the household have on women's learning barriers across country groups of different family policy arrangements.FindingsThe results confirm empirically the situational nature of family barriers to learning as they grow and decline depending on the age of children. However, the level of intensity and the period when family-related barriers remain relevant for women vary across European countries.Originality/valueThis paper provides new insights into how women's caring obligations shape their labour market and career opportunities, focussing on the ability to take up adult learning. Involving data from 22 countries, including Eastern European countries, provides a broad look into the differing contexts shaping women's opportunities across Europe.

Intro -- Contents -- Foreword -- Preface -- Abbreviations -- 1. Introduction -- 1.1. The social protection system and social security schemes -- 1.2. International labour standards on the social protection and social security -- 1.3. Compliance and the role of labour inspectors -- 2. Social Security: labour inspection intervention -- 2.1. Organization of the social security inspectionfunction -- 2.2. Administrative collaboration and data sharing -- 2.3. Enforcement of the employers' legal obligations -- 2.4. Collection of social security contributions

Russian and local authorities have severely curtailed human rights protection in Crimea since Russia began its occupation of the peninsula in February 2014. This article describes the human rights consequences of the extension of Russian law and policy to Crimea since the occupation. Russia has violated multiple obligations which it has as an occupying power under international humanitarian law – in particular in relation to the protection of people's rights.

The thesis aims at appraising the role of port state in international law by analyzing the whole of rights, duties and obligations ascribed to it by relevant legal instruments adopted in various fields of the law of the sea. After considering some preliminary questions, namely the notion of "port state" in opposition to coastal and flag states, the first chapter deals with the legal regime of port state extra-territorial jurisdiction under Article 218 of the United Nations Convention on the Law of the Sea and other relevant provisions of this Convention. In the second chapter, the focus is on Port State Control as provided by a number of international legal conventions and soft law instruments relating to the prevention of marine pollution, safety and security matters as a complementary tool to the flag state principle. The next two chapters further address the responsibility assumed by port states to ensure compliance and implementation of international rules and standards concerning living and working conditions of seafarers on board merchant and fishing ships as well as port state measures adopted at the international and regional level in order to curb the phenomenon of illegal, unregulated and unauthorized fishing on the high sea. Subsequent chapters explore the various regional memoranda of understanding on Port State Control and the rights and obligations of EU members acting as port states under the relevant EU legislation. Finally, the research undertaken shows that the role of port state under international law has gone through significant changes both from a quantitative and qualitative perspective. Thus, it may be argued that port state is being more and more considered as acting for the protection of common values and goods.

El texto aborda el carácter imperativo de la prohibición en el derecho internacional de la comisión de crímenes de lesa humanidad, así como la obligación que dé juzgamiento, investigación y sanción de las conductas que constituyen estos crímenes. Asimismo, analiza cómo el concepto de justicia transicional tiene una naturaleza complementaria frente a las mencionadas obligaciones, lo que hace que todo proceso de justicia de transición tenga que construirse en torno al paradigma "no hay paz sin justicia", y no en sustitución del mismo. ; This text studies the imperative nature of the prohibition of committing crimes against humanity in international law, and the obligation to prosecute, judge, and punish these crimes. In this way, it develops the complementarity of transitional justice with the abovementioned obligations. These results in the conclusion that transitional justice processes have to be built on the paradigm of "no peace without justice" and not the other way around.

My research introduces the issue of the Israeli military detention policies towards Palestinian children in the West Bank (WB) and illustrates how these violate international humanitarian law (IHL) and international human rights law (IHRL), despite their legally binding nature and despite Israel's obligation to protect Palestinian civilians as protected persons under occupation. My research shows that Israel fails to uphold the best interest of the child resorting to the detention of Palestinian minors in an "intentional, widespread and systematic manner" (UNICEF, 2013:13) and not as a measure of last resort. My research also shows that intentionally targeting Palestinian children is one of several tools Israel adopts to enforce the occupation in the WB. Ultimately, Israeli detention policies are a form of persecution and deny children their right to self-determination. My research applies two methods: legal analysis and interviews. Chapter two discusses Israel's obligations under IHRL with special reference to the Convention on the Rights of the Child of 1989 (CRC), the International Covenant on Civil and Political Rights of 1966 (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (CAT) and under IHL with special reference to the Hague Regulations of 1907 and the Fourth Geneva Convention of 1948 (IV GC). The legal analysis focuses mainly on IHRL and only partially draws on IHL. Finally, chapter three presents the findings from interviews to a number of human rights advocates from Palestinian and international NGOs. The interviews, conducted between March 18th and May 28th, 2015, corroborate the legal arguments.

AbstractThe failure of many developing countries water utilities to provide adequate services to low‐income urban populations stands in marked contrast with calls for universal access to water services, often based on a concept of human rights. Much of the parallel, regulation oriented, 'universal service obligation' rhetoric not only ignores the origins and continuing evolution of the term but equally fails to consider the practical realities of achieving universality of networked urban water supply, particularly in the slums. This paper proposes a 'universal water service dynamic' which allows service obligations to evolve transparently and progressively in line with different consumer groups' preparedness to pay, relative to their perception of the benefits. Copyright © 2009 John Wiley & Sons, Ltd.

State responsibility — American Convention on Human Rights, 1969 — Obligation to respect rights and domestic legal effects — Articles 1(1) and 2 as basis for international State responsibility — American Convention on Human Rights as lex specialis vis-à-vis general international law — State responsibility for actions and omissions by public authorities and private individuals — International humanitarian law — Article 3 of 1949 Geneva Conventions and Additional Protocol II — Interpretation of American Convention on Human Rights — State obligations to protect civilians in non-international armed conflictHuman rights — Right to life — Right to humane treatment — Right to personal liberty — Obligation to respect rights — American Convention on Human Rights, 1969 — Condition to ensure right to life — Duty to investigate violations of that right — Non-identification of victims as result of massacre and grave lack of compliance with State's duty to protect — No limitation of victims to those identified — Right to humane treatment of family members — No evidence required of grave impact on emotional well-being — Whether Colombia violating Articles 4, 5 and 7, in relation to Article 1(1) of American Convention on Human RightsHuman rights — Rights of the child — American Convention on Human Rights, 1969, Article 19 — Scope of this right — Convention on the Rights of the Child, 1989, Articles 6, 37, 38 and 39, and Additional Protocol II to the 1949 Geneva Conventions — Interpretation of American Convention on Human Rights — International corpus juris for child protection — Special vulnerability of children in domestic armed conflict — Whether Colombia violating Article 19, in relation to Article 1(1) of American Convention on Human RightsHuman rights — Right to freedom of movement and residence — Differentiated situation of displaced persons — State obligation of preferential treatment and positive steps to reverse effects — Evolutive interpretation of Article 22(1) of American Convention on Human Rights, 1969 — Right to not be forcefully displaced within a State Party — Whether Colombia violating Article 22, in relation to Article 1(1) of American Convention on Human RightsHuman rights — Right to fair trial and right to judicial protection — American Convention on Human Rights, 1969, Articles 8 and 25 — Restrictive and exceptional scope of military criminal jurisdiction — Assessment of effectiveness of domestic administrative 312proceedings — Result of administrative proceedings taken into account in reparations — Criteria — Length of criminal proceedings — Complexity — Procedural activity of interested party — Conduct of judicial authorities — Pertinence of criteria depending on circumstances of case — State duty to start investigations promptly and ex officio — Procedural activity of interested parties not decisive if limited as result of threats and displacement — Complexity of case linked to acts and omissions by State — Whether Colombia violating Articles 8 and 25, in relation to Article 1(1) of American Convention on Human RightsInternational tribunals — Inter-American Court of Human Rights — Preliminary objections by Colombia — Exhaustion of domestic remedies — American Convention on Human Rights, 1969, Article 46 — Content of preliminary objection tied to merits of case — Loss of "preliminary nature" — Partial acknowledgement of international responsibility — Competence of Court — Judgment on Preliminary Objections — Judgment on Merits, Reparations and CostsDamages — Reparations — Monetary and other — Colombia to investigate liability of masterminds, direct perpetrators, collaborators and those who acquiesced to massacre — Colombia individually to identify executed and disappeared victims and family members — Colombia to establish mechanism with victim representation for compliance with reparations — Colombia to provide treatment to family members of victims as long as necessary and without cost — Colombia to ensure security conditions for displaced family members and inhabitants to enable their return — Colombia to build a monument in remembrance of massacre — Colombia to implement permanent education programme on human rights and international humanitarian law for Colombian Armed Forces — American Convention on Human Rights, 1969, Article 63(1)