Guarantee Of Rights Research Articles

Derecho al agua y minería en el municipio de Tasco

La situación que han venido afrontando los habitantes del municipio de Tasco (Boyacá), debido a la vulneración e impacto del derecho humano al agua por la explotación minera de carbón por parte de la empresa Hunza Coal en el área delimitada del páramo de Pisba, por los títulos mineros aprobados por CORPOBOYACÁ, guiada por los supuestos beneficios del crecimiento económico y la apropiación de regalías, que se traducen en desarrollo económico y social del orden nacional, dejando de lado la garantía de los derechos y acabando con las fuentes hídricas en las zonas de páramo evidenciándose impactos medioambientales, llevando al proceso de movilización social que viene adelantando los habitantes de la zona para la defensa de su derecho humano al agua.

Queering the Debate: Analysing Prostitution Through Dissident Sexualities in Brazil

Abstract The aim of this article is to contrast prominent discourses on prostitution and human trafficking to the context of prostitution in Brazil and local feminist discourses on this matter, understanding their contradictions and limitations. I look at Brazilian transgender prostitutes’ experiences to address an agency-related question that underlies feminist theorizations of prostitution: can prostitution be freely chosen? Is it necessarily exploitative? My argument is that discourses on sex work, departing from sex trafficking debates, are heavily engaged in a heteronormative logic that might be unable to approach the complexity and ambiguity of experiences of transgender prostitutes and, therefore, cannot theorize their possibilities of agency. To do so, I will conduct a critique of the naturalization of gender norms that hinders an understanding of experiences that exceed the binary ‘prostitute versus victim.’ I argue how both an abolitionist as well as a legalising solution to the issues involved in the sex market, when relying on the state as the guarantor of rights to sex workers, cannot account for the complexities of a context such as the Brazilian one, in which specific conceptions of citizenship permit violence against sexually and racially marked groups to occur on such a large scale.

Governance, intersectoriality and social participation in public policy: the National Council on the Rights of the Elderly

Aging is a complex phenomenon that requires different types of public policies. In 2002, the National Council for the Rights of the Elderly (CNDI) was created as a governance structure to enhance the guarantee of rights through coordination between sectors of government and civil society. The article seeks to analyze the CNDI based on the description of the institutional configuration and characterization of its operation in the proposal of strategies for implementing and monitoring the main policies for the elderly. The analytical framework of public policy analysis was used, with emphasis on the concept of governance, laws and documents, highlighting the minutes of Council meetings, as well as semi-structured interviews. As a result, it was possible to detect the importance of these spaces that enable the influence and control of institutionalized civil society over the State. However, difficulties of referral of the actions, obstacles in the relationship between the social actors were observed, as well as insufficient involvement of some government agencies. In the context of accelerated demographic changes, social inequalities and vulnerability of the elderly population, this governance strategy per se has not been sufficient to ensure the realization of the rights envisaged.

FORMAÇÃO DE PROFESSORES NO CONTEXTO NEOLIBERAL

This article aims to discuss teacher education, which has undergone numerous transformations in the last two decades. Some of these represent advances in terms of legislation and guarantee of rights in education, but others represent enormous setbacks, influenced by neoliberal tendencies and the interference of educational reformers who have been able to gain state support to achieve their goals of society reproduction and hand training for the labor market. In this context, we present the need for the political action of teachers to ensure compliance with the laws that protect their rights and facing the actions that have prevented their appreciation.This discussion is anchored in a documentary analysis and in the bibliographical research of works by authors such as Saviani (2003), Mészáros (2001), Martins (2010) and Freitas (2014), who use the assumptions of historical and dialectical materialism in their research.

Right to Explanation and Algorithm Legibility in the EU Member States Legislations

The aim of this paper is to analyse the very recently approved national Member States’ laws that have implemented the GDPR in the field of automated decision-making (prohibition, exceptions, safeguards): all national legislations have been analysed and in particular 9 Member States Laws address automated decision making providing specific exemptions and relevant safeguards, as requested by Article 22(2)(b) of the GDPR (Belgium, the Netherlands, France, Germany, Hungary, Slovenia, Austria, the United Kingdom, Ireland). The approaches are very diverse: the scope of the provisions can be narrow (just automated decisions producing legal or similarly significant effects) or wide (any decision with a detrimental impact) and even the specific safeguards proposed are very diverse. Taking into account this overview, article will also address the following questions: are Member States free to broaden the scope of automated decision-making regulation? Are ‘positive decisions’ allowed under Article 22, GDPR, as some Member States seem to affirm? Which safeguards can better guarantee rights and freedoms of the data subject? In particular, while most Member States mention just the three safeguards mentioned at Article 22(3) (i.e.subject’s right to express one’s point of view; right to obtain human intervention; right to contest the decision), three approaches seem very innovative: a) some States guarantee a right to legibility/explanation about the algorithmic decisions (France and Hungary); b) other States (Ireland and United Kingdom) regulate human intervention on algorithmic decision through an effective accountability mechanism (e.g. notification, explanation of why such contestation has not been accepted, etc.); c) another State (Slovenia) require an innovative form of human rights impact assessments on automated decision-making.

Juventude universitária e direitos de cidadania: sentidos atribuídos à diversidade sexual

RESUMO Com base em pesquisa quantitativa sobre sentidos atribuídos por jovens universitários à cidadania, este artigo enfoca a parte de diversidade sexual e direitos humanos. Após revisão sobre juventude, política e percepção da diversidade sexual, apresenta-se um survey, com 423 estudantes, amostra selecionada com margem de erro de 5% e intervalo de confiança de 0,95%. Existe uma alta porcentagem de estudantes que apoiam noções genéricas de direitos. Porém essa frequência cai de forma acentuada quando se trata de traduzir direitos em políticas públicas. A análise de tabelas de contingência entre variáveis indica influência da orientação sexual, do sexo e da religião sobre as atribuições de sentidos, e dos pertencimentos sociais sobre a religião. Discutemse as contradições no discurso igualitário diante dos pertencimentos sociais e da garantia de direitos.

The Greatest Gift Is Being a Woman, Above All, a Black Woman

The Greatest Gift Is Being a Woman, Above All, a Black Woman

Perspectives toward brain death diagnosis and management of the potential organ donor.

Organ donation and transplantation represent one of the most important scientific advances over the last decades. Due to the complexity of these procedures and related ethical-legal aspects, however, there are a lot of doubts and uncertainty about the brain death diagnosis and the maintenance of potential organ donor. To identify and discuss the different meanings and experiences of registered nurses and physicians from an adult intensive care unit in relation to the diagnosis of brain death and the maintenance of potential organ donors for transplantation purposes. Participants were registered nurses and physicians from an adult intensive care unit at a University Hospital from Brazil. Data were collected through semi-structured interviews and analyzed using content analysis. This study was approved by the University of São Paulo at Ribeirão Preto College of Nursing Research Ethics Committee. Two main categories emerged from the analysis: (1) brain death diagnosis and its implications and (2) maintenance of the potential organ donor and its repercussion in the donation-transplantation process. Six subcategories were also identified: (1.1) understanding the brain death diagnosis as a tool to aid decision-making; (1.2) diagnosis as guarantee of rights; (1.3) difficulties encountered to establish the diagnosis; (1.4) clinical criteria adopted in Brazil and related ethical-legal aspects; (2.1) specificities of care to the brain dead person and outcomes; and (2.2) nurse's duties toward the brain dead person. Although the brain death diagnosis is scientifically and legally defined in Brazil and the maintenance of the potential organ donor for transplantation purposes has been addressed during the last years, there are still some doubts about the subject, as its understanding varies according to the personal beliefs, culture, and educational background of individuals, including those who work in this scenario.

Guarantees of subjective rights and freedoms as an element of the legal status of a person and a citizen

The most important principles of a democratic legal power are the recognition of the constitutionally protected rights and freedoms of the people, and such perceptions are obstructed by the constitution. The guarantee of the rights and freedoms of the people and the thundering person is realistic with the real potentialities of realization and in the crook of the punishable sphere. The urgent task is to establish the essence of guarantees of human and civil rights and freedoms, to determine the list of rights to be guaranteed by the constitutional way, and to establish the limits of these guarantees provided for in the Basic Law of Ukraine. All this determines the search for a solid core of direct protection of the law enshrined in the constitution and the direct legal effect of this right.The Constitution of Ukraine establishes a number of important human rights and provides for guarantees of their implementation, which receive their further development in the current legislation. An unimpeded appeal to the court with a view to restoring justice and violated law is the main and final guarantee in the exercise of rights and freedoms. The leading place in the system of legal mechanisms for the protection of human and civil rights and freedoms in the modern world belongs to the institute of constitutional control.One of the most significant achievements is the introduction of a constitutional complaint as one of the most important and advanced forms of guaranteeing the rights and freedoms of man and citizen. In the sufficiently developed and ramified sphere of guaranteeing the rights and freedoms of man and citizen, the basis is Article 55 of the Constitution of Ukraine. The right to judicial protection, which is stipulated by rather rigid criteria and standards in both the national and international legal mechanism of judicial protection and human rights guarantees, is established

A Study on the Correspondence and the Autonomy between the Act on the Guarantee of Rights of and Support for Persons with Developmental Disabilities and the Similar Ordinances of the Local Governments

A Study on the Correspondence and the Autonomy between the Act on the Guarantee of Rights of and Support for Persons with Developmental Disabilities and the Similar Ordinances of the Local Governments

The right to diversity in the route of interculturality in the school curriculum

Resumo In this text, we discuss the right to diversity in the curriculum, considering it as a course of identity formation and guarantee of rights, through practices that dialogue with equality and difference through interculturality. The dialectical method is based on the establishment of the dialogical relationship among traces of theoretical studies, public policies and perceptions of curriculum subjects in the perspective of cultural studies. With this in mind, we bring together the voices of students and teachers on one of the traces of diversity, the religiosity. Historically, it is about a theme that has been the source of fierce disputes, even if the purpose of that debate was conciliation. The results point out to the permanence of the challenge of implementing the right to diversity in the curriculum, whose overcoming requires a fight for democratic principles with the support of interculturality, which can promote participation and recognition of equality and difference. Therefore, the right to diversity requires the practice of a type of pedagogy which favors access to borders in the challenged terrain of the curriculum, through fair cultural negotiations.

Legal Protection To Crediture To The Warranty Of Changed Living Rights Status Become A Disclosure

This research takes on case study of civil case Number 390K / Pdt / 2016. The purpose of this study is to know and further examine the rationale constructed by the judge in the Supreme Court Decision with the number: 390K / Pdt / 2016, against the cancellation of the Deed of Grant from the parents to their child which made it in the Notary, as well as the implementation of the related judge's decision with the cancellation of the deed of grant and about legal protection against creditors collateral guarantee rights in dispute, when a guarantee which has been encumbered by the mortgage right becomes a dispute due to the transition of the previous rights which has been disputed. The transfer of land right must be in accordance with the correct legal process so that when the land rights are secured to the creditor, the land right will be cleared from disputes in the future. Law enforcers in resolving land rights disputes through litigation or non-litigation are often found that in resolving the dispute it is deemed unfair. As experienced in this case where it is not in accordance with applicable legal provisions. That the cause of the problem of land disputes in this case is the unlawful act that eliminates the status of other siblings and thus loses the right of inheritance due to the transfer of rights with the Grant Deed conducted without the knowledge of other siblings consequential in a dispute.The Land Right in dispute are guaranteed by the creditor where the debtor has defaulted and can not fulfill its obligations so that it will be sold in auction. While the efforts made by the plaintiff are to file a lawsuit to the court for the loss of their rights from the land and obtain their rights on the land of the dispute.

An Analysis of the Local Ordinance on Guarantee of Rights and Support for Persons with Developmental Disabilities of the Regional Local Government in Korea

An Analysis of the Local Ordinance on Guarantee of Rights and Support for Persons with Developmental Disabilities of the Regional Local Government in Korea

Crime de genocídio e as violações dos direitos territoriais dos povos indígenas no Brasil

O recrudescimento da violência contra os povos indígenas nas disputas territoriais no Brasil e as atuais medidas legislativas e judiciais prejudiciais à s suas garantias constitucionais podem indicar um quadro inicial de genocídio? Partindo desta provocação, este artigo pretende discutir duas possibilidades de utilização estratégica do crime de genocídio para a tutela dos direitos humanos dos povos indígenas: a aplicação do marco de análise da ONU para a prevenção de crimes de atrocidade e a utilização do conceito de etnocídio em casos de desestruturação de comunidades indígenas impactadas por grandes empreendimentos, como a Usina de Belo Monte. Conclui-se que ambos possuem efeitos jurídicos concretos que podem contribuir para a garantia de direitos e a prevenção de violações.

Regulation of the land castastre in the European Union: directions of adaptation for Ukraine

The guarantee of rights to land ownership and the formation of sustainable land use is one of the foundations of a stable and prosperous society, as well as the development of a market economy. In most European countries, land cadastral activities have long been separated into a different type of professional activity, which involves the preparation of secure and reliable information about land and other real estate, as well as their use. In many member states cadastral activities relate to qualified and duly licensed surveyors (land surveyors), surveyors or cadastral engineers. It is worth noting that the requirements for regulation of activities and recognition of professional qualifications of cadastral engineers differ significantly among European countries. The main activity of cadastral engineers in the real estate market is to provide state registration authorities with accurate and reliable data on real estate. Although this is the most common type of activity carried out by such engineers in Europe, historical, cultural, political, legal and other national peculiarities of countries have a significant influence on the conduct of this activity. The article analyzes the main features of land survey activity in the European Union member-states. In particular, the influence of state regulation on the conditions of work of land surveyors and their obligatory licensing is researched. The requirements of cadastral engineers for the possibility of work in the field of land management are shown, namely: relevant work experience, minimum education level, licensing conditions, etc. In addition, the types of responsibility for inadequate performance of cadastral activity and its results in European countries and Ukraine are analyzed. Comparison of land management practices in Ukraine and EU countries makes it possible to conclude that in our country borrowing of almost all forms of control by the state authorities of the market of the corresponding engineering services took place - from certification of performers to the exercise of state supervision. But the level of regulation and state intervention received in land management is clearly excessive and includes obvious corruption risks. Inspections of "quality of documentation" should not be repeated, and, instead, such verification should be carried out once at the stage of making information to the State Land Cadastre. In its turn, the only condition for access to the market for professional performers is to leave the existence of a professional liability insurance policy, because, unlike licensing or certification, only this mode of regulation can create real economic conditions for the reimbursement of losses caused by engineer errors. Keywords : European Union, geodetic works, land management, land surveyor, cadastre, licensing.

Negative governmentality through fundamental rights: The far side of the European Convention on Human Rights

AbstractThis essay analyses those statements that mention legal norms in negative terms. Specifically, it analyses those statements that define a legal system by mentioning how legal protection does not work and where legal protection ends, and those statements that identify what rights‐holders do not have to with their legally protected free capacities. This essay argues that these statements address a systemic question. It calls such a dynamic as negative governmentality. The argument proceeds in four steps. It introduces the concept of negative governmentality by arguing that the idea of freedom requires both the positive affirmation of moral agency and the constraining of moral agency (Section 2). It then explores how rights constitute freedom by limiting rights or making exceptions to them (Section 3). Later, it analyses how rights‐based norms prevent abuse of rights by holders of rights (Section 4). Finally, it sees how rights‐based norms constrain the legal guarantor of rights, i.e., a state (Section 5). The essay concludes by mentioning the importance of negative governmentality (Section 6).

The concept of decent work, human rights, the ethics of care and the ethics of the common good: a perspective of safety and health at work

This article is a product of the reflection generated in the process of inquiry and consultation to prepare and develop the chairs on topics such as psychosocial risks, professional ethics, health education techniques, among others, in an occupational health administration program. 2 One year of teaching experience has been enough to generate critical questions regarding training and research in the professional field. The new reflections are articulated and renewed old questions raised in more than 20 years of professional, teaching and research experience in the field of education and research, but above all as a teacher and worker on issues related to training and education for the demand and guarantee of rights for a decent life. The field of health and safety at work is no exception to think and train in the knowledge of rights and regulatory or legal mechanisms, but also educational and collective and individual action for a life and of course for a job worthy.

Региональные архивные фонды о становлении полицейской службы в Курской губернии

Effective functioning of law enforcement is one of key factors ensuring needs of person, society, and state and forming a physically secure environment for human life and activities. The efficiency of modern reforms of national law enforcement largely depends on integration of the accumulated experience of its discharge of functions. Therefore, studying the evolution of the Russian police service, especially at a regional level, has great significance. The least studied period is that of the establishment and organization of police service in subnational entities. Introduction of the documentary sources from regional archives into scientific use allows to fill the gap in studying the patterns of emerging legal status of police officials and their functional responsibilities throughout the gubernias of the Russian Empire during the 18th century. The article draws on materials from the State Archive of the Kursk Region, it assesses fonds and documents containing data on the efforts of central and local authorities to recruit staff and streamline the activities of institutions that discharged police functions, while the provincial government was being established. The article focuses on the regulation of status of rural police officers who were to enforce law compliance in the Kursk gubernia (which was mostly agrarian) and who were guarantors of rights and legitimate interests of the population. The sources show the spectrum of organizational and personnel problems faced by the local police in the performance of their official tasks. The author registers social significance of policing on voluntary basis. The materials reviewed in the article may be of use for writing general history of police and for further research of the subject.

Focus: Mission impossible? Strengthening workers' rights in the MENA region is difficult but worth it

8 | International Union Rights | 25/2 FOCUS | TRADE UNION RIGHTS IN THE MENA COUNTRIES Mission impossible? Strengthening workers’ rights in the MENA region is difficult but worth it Every year, when the ITUC launches its Global Rights Index, the MENA region features prominently as ‘the world’s worst region for workers’, with several Arab countries in the Top 10 of the worst scores. These exhibit regular and systematic violations of rights, or no guarantee of rights, partly due to the breakdown of the rule of law: All MENA countries are regularly placed in those categories. Forced labour, state repression, discrimination and the exclusion of migrants from labour law are among the most notorious violations of rights. But less obvious, though not less severe, violations occur on a day-to-day basis. “Is there even such a thing as Arab trade unions?”, is a question I get to hear regularly in my work, coming from Germans or Europeans that I cross, an incredulous look on their faces, ‘that must be really tough’. For sure, the historic path of the labour movement in the region has not been an easy one. From colonial powers to authoritarian one-partystates , workers have been facing difficult circumstances. Arab states have deployed a wide array of strategies to weaken genuine workers’ representation, ranging from open repression to cooption or leadership capture. The evolution of the political economy of the Arab states in the last decades has prevented most trade unions from becoming the strong, vibrant forces effectively protecting workers’ rights and shaping socially just societies that we would all like to see and that would be needed to make progress. The economic situation aggravates this trend: while many Arab states played a role of taking care for the poor to a certain extent following independence, decades of attachment to neoliberal policies – and elite concentration of wealth generated by rents – have since left their mark on the region. Today, unemployment and informal employment are pervasive, inequalities soar and terrorism and armed conflict prevent economic recovery. Social justice was all over the protest banners a few years ago at the height of what has mistakenly been termed as the ‘Arab Spring’, but most workers haven’t even come one step closer to it now. Marginalisation is the norm. Individual workers are marginalised within labour markets – informal workers, migrant workers, young workers, in many cases female workers; entire regions are marginalised within the countries’ economic landscapes. The MENA region as a whole is marginalised in the world economy, and is less integrated into global supply chains than the rest of the world. The obvious exception are the economically affluent Gulf countries, the ‘super-rich’ of the Arab world, who expand their global investments to a worrying extent, given that they may also export extremely difficult working conditions and a ruthless disrespect for workers’ rights. Trade unions in transformation As Friedrich-Ebert-Stiftung, we have been committed to supporting the labour movement worldwide for much of our 90+ years history. We are a close partner of the German trade union movement, of the ITUC and the Global Union Federations, and the same holds true for many of the more than 100 country offices who work closely with trade union centres or sector unions. In the MENA region, FES work first started with reaching out to trade unions in the Maghreb countries back in the 1960s, long before FES offices were opened in Morocco, Tunisia and Algeria in the 1980s and 2000s. The difficult political evolution in the region also took its toll on our trade union work, though. In many cases, we have been much more involved with the wider civil society, though we have mostly been able to maintain a focus on social and labour policies even then. The uprisings in the years following 2010 also brought some changes in the Arab trade union landscape, and a major achievement was made when the Arab Trade Union Confederation (ATUC) was founded in October 2014, providing a new platform for exchange on regional matters for Arab unions, stretching across North Africa, the Gulf and the Arab Middle East, from Mauritania to Palestine. ATUC has stepped up debates on political issues...

Basic factors of law in the field innovative activity special modes formation

In this paper author considers the content and purpose of special economic regime as interconnected phenomena. The key elements of special economic regime tend to be governmental aid, additional guarantees of rights of business entities and privileges. Special innovation activity regime should be aimed at realization and protection of interests of innovation activities participants and minimization of risks which accompany this activity. However, the author stresses on impossibilities to a special mode of innovation in the form of a universal constant that would be equally effective for all objects of such regime. Therefore, when forming special innovation activities regimes, it is proposed to apply such methodological approaches that take into account the specifics of an individual is aimed at relations, which direct object is a certain innovative product or technology; subjective approach stipulates peculiarities of innovation activity subjects functioning. The conclusion emphasizes that key factors in special economy regimes formation in the sphere of innovation should be development of national innovation system and especially its infrastructure element, development of legislation in the field of cooperation between each other and with other economic entities and innovative clusters formation