Christina Greene examines how several generations of black and white women, low-income as well as more affluent, shaped the struggle for black freedom in Durham, North Carolina. Greene demonstrates that women activists frequently were more organized, more militant, and more numerous than their male counterparts.
The bloody Libyan Revolution of 2011 that overthrew Muammar Gaddafi and the resurgence of violence between factions since 2014 have led to a terrible displacement crisis, with hundreds of thousands of people uprooted within the country, and hundreds of thousands more forced to seek shelter in neighboring countries, particularly Tunisia. Those who have been uprooted range from beneficiaries of the Gaddafi regime, to persecuted ethnic minorities, to those simply caught in the crossfire. Many of these exiles live in fear of being forcibly returned to Libya where, in the absence of security, rule of law, and a functional transitional justice process, they may face incarceration, torture, and death. The continued displacement of Libyans has significant political, socio-economic, humanitarian, and human rights implications. Drawing on in-depth interviews with policymakers, practitioners, and displaced persons in Libya and Tunisia, this study analyzes the complex dimensions and implications of the Libyan displacement crisis. While resolution of this crisis hinges on a negotiated end to the Libyan civil war, this study seeks to help lay the groundwork for this process by identifying constructive approaches to improve assistance strategies, and, eventually to support durable solutions for displaced Libyans.
International audience ; Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of society. The state is a means of social compromise of members of civil society. It appears not only as a form of provision of such social compromise, but also as an active and equal member of the relevant legal relations. The ability of the state to be an active participant in social communications configures its natural right that can and should be implemented. As a result, the subject gets legal opportunities for its activities and transformed into a legal person the nature of which is revealed through the signs of interest, will of the subject and its individual separation. Since the state is a union of interests of persons united in the unified social organism for their support, the fact that the legal entity as a legal person synthesizes in itself not only characteristics peculiar to the corporation, but also characteristics peculiar to the state as a legal person is justified. Implementation of the civil capacity of the state is revealed through the institution of representation. The justification of universal character of legal capacity of the state is given. It is proved that the subject of legal relations is not the specified one, the nature of relations in which it stands is also not specified. The volume right of an individual, who is granted with certain powers from the principal, is specified. The special capacity is not peculiar to the state as a legal person, but to a relevant government authority that implements its own competence, for which it has the rights and obligations, exercises the authority, including private-legal sphere.
Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of society. The state is a means of social compromise of members of civil society. It appears not only as a form of provision of such social compromise, but also as an active and equal member of the relevant legal relations. The ability of the state to be an active participant in social communications configures its natural right that can and should be implemented. As a result, the subject gets legal opportunities for its activities and transformed into a legal person the nature of which is revealed through the signs of interest, will of the subject and its individual separation. Since the state is a union of interests of persons united in the unified social organism for their support, the fact that the legal entity as a legal person synthesizes in itself not only characteristics peculiar to the corporation, but also characteristics peculiar to the state as a legal person is justified. Implementation of the civil capacity of the state is revealed through the institution of representation. The justification of universal character of legal capacity of the state is given. It is proved that the subject of legal relations is not the specified one, the nature of relations in which it stands is also not specified. The volume right of an individual, who is granted with certain powers from the principal, is specified. The special capacity is not peculiar to the state as a legal person, but to a relevant government authority that implements its own competence, for which it has the rights and obligations, exercises the authority, including private-legal sphere.
This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved
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[EN] Based on a local case study of the exhumation of two mass graves in a small village, conducted eight years apart, I address the transformation of Civil War (1936-1939) disinterments in Spain over the last decade. The sudden visibility of skeletons of civilians executed by Franco's paramilitary in the public sphere has triggered heated debates both about how to handle them in a consolidated democratic state and what to make of controversial judicial and institutional initiatives. The particularity of Spain's «human rights outsourcing model» regarding Civil War crimes is placed in comparative perspective within the framework of transnational human rights discourses and practices ; [ES] A partir del estudio de caso de dos fosas comunes exhumadas en un pequeño pueblo con ocho años de diferencia, me abordo la transformación de las exhumaciones de la Guerra Civil (1936-1939) en España en la primera década del siglo XXI. La súbita aparición en la esfera pública de los esqueletos de civiles ejecutados por paramilitares franquistas ha suscitado acalorados debates sobre la forma de gestionar dichos restos en un estado democrático consolidado, y sobre la interpretación que debe darse a las iniciativas judiciales e institucionales que se han derivado de este proceso, a veces muy controvertidas. La peculiaridad del «modelo de subcontratación de los derechos humanos» que se sigue en España en relación con los crímenes de la Guerra Civil se sitúa en una perspectiva comparativa en el marco de los discursos y las prácticas transnacionales en materia de derechos humanos
The expression of each individual's will is one of the important rights. This freedom is protected by human rights. In legal systems the expression of the central positions of the will of individuals is protected. In civil law transactions as well as in health care individuals have specific and complicated rights to express their will. And the problematics of it comes from that capacity issue. The rights to expression, rights to liberty ect. are recognized as the basic rights of each individual, of each member of the society. The protection of the expression of the individual's will is significant moment from the international as well as national point of view. A significant aspect and more sensitive is the protection of incapable person's rights, for instance, in civil law transactions and healthcare matters in legal framework. The key challenge for the protection of those rights is to find the balance between capable and incapable persons' rights protection in the case of will expression in particular matters.
Keywords: legal capacity, decision, treatment, willpower, civil law
Given the prevalence of references to 'civil society' in much of the literature and policy fora concerning Euro-Mediterranean relations, it would be a mistake to think that the term has any fixed or universally accepted meaning. Even where it is loosely used to mean 'non-state actors' or the interests of broader society, the notion of civil society continues to be fluid and differently interpreted even in mature democracies. Europeans, for example, are often struck by the use by American academics and non-state actors of the inclusive vocabulary of 'we' when talking about the actions of the US government. In the UK, at least, the distinction between those directly in the employment of the state (namely, the civil service, public sector and government officials) and those who are independent of the state is more usually reflected in maintaining a distance between 'us' and 'them' in discussions about government policy and what public opinion expects of it. ; N/A
Many historians have highlighted the religious and social meaning of the right to freedom of conscience as well as the political role it played throughout the history of the religious wars of the late medieval period and their troubled and long appeasement in the peace settlements of Augsburg and Westphalia. The object of such right consisted, as we know, in the individual freedom to practice religion and in the corresponding negative duty of princes not to interfere with it. However, some historians also claim that this was no simple right: its relevance resided in its internal constitution as a 'cluster of rights', that is, a set of rights that depended on each other and operated together so as to make 'freedom of conscience' possible from both a de iure and a de facto point of view. Among them was the ius emigrandi, the right of members of religious groups to leave the realm, lest they be discriminated on the basis of their religious belief. This right hence correlated with the overall right of religious freedom of which it was an integral and essential part. 'Letting people go' hence played a stabilising role both in terms of civil peace but also among the sovereign states that were now the new makers of international order. This hidden aspect of the history of individual rights is of direct import to contemporary discussions on rights and their nature as well as to one of the most crucial aspects of current rights theories, that is, the issue of correlativity. The nature of the ius emigrandi thus sheds light on the potential set of relations that obtain with state duties but also with other rights, suggesting that its emergence as the first individual right in modern international law was not without geopolitical significance. It is in that context that I claim that the right of emigration started to be portrayed as a natural right by late medieval thinkers - following premodern reflections on a natural right to free movement but also on a natural right to life in early modern political and legal thought. This is was because the codification of emigration as a 'legal right' constituted an unprecedented challenge to political allegiance, and hence confronted what had also started to be characterised, under the theory of the divine right of kings, as the natural right to rule. What was at stake therefore was a conflict of natural rights. We must therefore revisit the philosophical grounds upon which certain rights were deemed as natural over others.
The potential impact of the Americans with Disabilities Act (ADA) on reducing disability-based employment discrimination is examined through review of the logic & outcomes of civil rights law & its applicability to disability supplemented by analysis of earlier state-level employment discrimination statistics. Findings reveal that a large proportion of discrimination complaints came from persons with jobs or who had lost jobs; less than 50% resulted in a finding favorable to the complainant. Evidence suggests that the Act may be able to protect people from early job termination following the onset of a chronic disease or condition, but may be less effective in increasing opportunities for disabled persons seeking to enter the workforce. The development, structure, operation, utilization, & enforcement of state & federal employment discrimination laws for disability are discussed. 2 Tables. Adapted from the source document.
By focusing on survey data from the Survey Res Center 1968 Election Study, an attempt is made to assess the relationship between issue positions & the vote for the 3 major presidential candidates. In the context of a conflict-consensus theme & longer term trends in US pol, issue correspondences with past elections, particularly that of 1964 are discussed; voter issue positions on a range of domestic & foreign affairs issues are described; the impact of regional diff'iation is assessed; & consensus/cleavage scores for respective voting publics are derived. The findings reinforce the salience of civil rights issues here over 1964; a confused & undiff'iated pattern for response to the Vietnam conflict; & the relative homogeneity of 3rd party issue appeals across the nation. It is concluded that the 1964-68 period is a transition stage for more unusual pol. AA.
Citizens of ASEAN states appear to be increasingly involved, through Information Communication Technologies (ICTs), in pushing for greater openness and accountability of their political leaders and public institutions. In particular, ICTs afford citizens of ASEAN States and like-minded counterparts around the world in the human rights community to push for greater accountability of ASEAN's human rights institutions. With the adoption of the ASEAN Charter in 2007, ASEAN states embarked on a process of crafting a regional ASEAN Intergovernmental Commission on Human Rights (AICHR), eighteen years after the World Conference on Human Rights in Vienna, Austria. While the World Conference had reaffirmed the universality of human rights, ASEAN states have moved grudgingly and gradually, egged on by greater global concern for human rights and by the pressures of globalization, towards the protection of human rights. The Terms of Reference (TORs) of the AICHR, adopted in July 2009 and favouring promotion rather than protection of human rights did not provide for an institutionalised role for the media. Subsequent drafting by AICHR of a proposed ASEAN Human Rights Declaration (AHRD) has excluded mainstream news media and civil society organizations (CSOs) from the process. In the absence of reporting and substantive reporting by most mainstream media in the region civil society, most importantly the new ICT based media, has played a vital role in seeking to advance the protection of human rights. This includes scrutiny of the specific rights that will be included in the forthcoming AHRD to ensure that international human rights standards are upheld and that ASEAN states honour their existing commitments under international instruments. The new media-environment provides a platform for a multitude of actors to disseminate human rights related information, to document human rights abuses and thereby enhance the protection of human rights in the region.
As a part of a series of lectures on "Islam in English Law," for the 2008 Temple Festival, the Archbishop of Canterbury, Rowan Williams, gave a lecture titled, "Civil and Religious Law in England: a Religious Perspective." The lecture referenced Sharia (Muslim divine law) as an example in which the state of England could tease out some of the broader issues around the rights of religious groups within a secular state. Williams intended the lecture to offer a space for serious discussion on what it means to have within society "the presence of communities which, while no less 'law-abiding' than the rest of the population, relate to something other than the British legal system alone," however, many in Britain viewed the lecture as the archbishop's attempt to implement Sharia in Britain. The misinterpretation of the archbishop's lecture created an uproar in Britain, which, I thought, highlighted the problem of multiculturalism in the West, particularly, the ignorance that surrounds Islam in the West. The following project examines the archbishop's lecture, its purpose and misinterpretation, in both its religious and legal dimensions. I argue that beyond sparking discussion on how religious motivation affects law, I thought one of the main points of the lecture was a call for an interfaith, intercultural dialogue to address the ever-changing societal issues of a multicultural state.