Transitions Online_Society-Removing the Stigma
How can the Czech Republic have such low rates of depression and still so many suicides?
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How can the Czech Republic have such low rates of depression and still so many suicides?
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Gozel Bayramli’s case shows Baku once again using spurious charges and political detention to silence dissent, critics say.
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In this paper, the authors present the institute of anonymous childbirth which is not regulated by the Republic of Serbia positive laws, but it is in a small number of other European countries. Contrary to the usual review of this issue, through the prism of the child’s right to know its origin, which has become the usual way of reviewing any question from the domain of paedo-centric family law, the authors hereby attempt to shed the light from another angle – the right of woman (mother) to a private life and the right of a child to be born in medically accepted conditions, which is the interest of the society as a whole. The authors also point out to the possibility of positive demographic effects of introducing this institute which have been the case in the countries which regulate this matter.The arguments in favor of introducing this institute can be found both in comparative law and in the practice of European Court of Human Rights in Strasbourg whose rulings reshape the legislation of European countries, thus actually becoming the sources of law. There is an example from French legislation, which, according to the Court’s opinion, established a fair balance between conflicted rights and interests, which was the key point for reaching the famous decision in the case Odièvre v. France. This decision set a precedent for the following rulings in similar cases, which proved that this decision was not incidental, but represented a long-term orientation of this Court in solving similar cases. In concluding remarks, the authors emphasize that introduction of this institute into Serbian legislation would not mean complete exclusion of the child’s right to know the facts related to his origin, which today is the key argument against its introduction. In any case, this regulation would represent a more advanced solution from the point of view of child’s protection if compared to some that already exist in Republic of Serbia positive law, which completely prevent a child to learn the facts of his origin.
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The author outlines the different positions at the European Union level regarding the revision of the Directive 96/71 / EC of the European Parliament and of the Council of 16 December 1996 on the posting of workers in the framework of the provision of services so as to reduce the phenomena social dumping and damage to the rights of posted workers. In this context, the essential the content of the proposal for amending Directive 96/71 / EC and the position of the Romanian authorities regarding the new provisions under discussion are presented.
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The modern perspective upon human rights advances the matter of community-individual interaction thus mainly underlining the implications of the collective dimension in regard to ensuring individual prerogatives. By means of tradition, the general theory of human rights presents the truth as the scope of fair judgement hence associating the concept of truth rather to the framework of State obligations than to the field of individual prerogatives. The experiences of modern society (from authoritative government to human rights violations undertaken within the socio-juridical paradigm dictated by authoritative governments as enforced disappearances and other crimes against humanity) highlight the necessity of construing the truth from an individual perspective as an individual right that springs from the correlation of other individual prerogatives –that benefit, at present, of juridical acknowledgement within regional systems of human rights protection. The present paper advances the scientifical objective of observing the peculiarity of guaranteeing the individual right of discovering the truth in relation to the fate of victims of authoritative governments’ abuse by relation to the main juridical instruments of the European, African, Inter-American systems of human rights protection.
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The article presents the Court of Justice of the European Union decision in the case of Costea v SC Volskbank Romania SA when an interpretation of the concept of consumer was delivered. The Luxembourg Court concluded that a natural person exercising the profession of lawyer and concluding a credit agreement with a bank without the purpose of the credit being specified in that contract, may be regarded as a 'consumer' within the meaning of that provision where that contract is not linked to the professional activity of that lawyer.
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For the lawyers is important, while examining a case to ascertain over the legal elements which shape the notion of discrimination, either based on domestic law, or on international law instruments enshrining the principle of equality and precluding the discrimination on different grounds, depending on the legal instrument referred to.The issue of discrimination was deemed as a matter of great importance for the effective protection of the human rights, since it has been noticed that only their formal recognition was not enough insurance in order to be enjoyed in the spirit and the letter of the international covenants and pacts. So, it was a compelling need to go beyond their mere recognition and to dismiss any hindrance in their application, one of the most important being the discrimination on certain grounds for some persons or groups of persons. For them would have been denied the right to access education, work, social services, health or any other aspects which would impede on the life of individuals or groups of persons. Thus, the principle of non-discrimination is complementary to the principle of equality both being a guarantee for the enjoyment of the human rights or any rights as prescribed by the international or domestic law.
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In the current geopolitical context and the aspirations for autonomy / independence of several entities from different European countries (Catalonia, Basque Country, Scotland, Northern Ireland) or the Balkan region (Republika Srpska, Vojvodina, Sandzak), the issue of ethnic minority rights in the EU and Eastern Europe is of real interest to Romania. The issue of minority status has not become a secondary issue, but has expanded from the fundamental structure of the national-state system in case of the former Yugoslav republics and materialized through the creation of new independent states. The protection of minorities in the European Union is the object of policy at Member State level, each having its own practices, instruments, organs and legislation on minorities. Minorities are a constant concern at the level of the European Union, determined first and foremost by the enlargement of the Union in the ex-Yugoslav and ex-communist space, and secondly by the issue of immigrants within the Union.In March 2017, the Federation of National Minorities in Europe (FUEN / UDMR) launched the European Citizens’ Initiative Minority Safepack, which aims at adopting a legislative framework at the level of the European Parliament for the protection of national minorities, to be further implemented at the level of the EU Member States.
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Bien que les médias sociaux virtuels se sont multipliées de façon spectaculaire et déjà couvrent des milliards de personnes dans tout le monde, ils ne contribuent sensiblement à améliorer et renforcer le dialogue individuel et collectif entre les travailleurs et leurs employeurs. L’auteur présente les évolutions des politiques legislatives et jurisprudence auprès les organisations internationales en ce qui concerne le dialogue social et le droit de grève de d’action collective.
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In an international political, social and economic context where everyone wishes to move freely, to circulate freely and unhindered, to emigrate or to work in a different state than where she/he was born, the question is how this can be achieved in respect to the countries that did not join the European Union. Switzerland is an example of a country characterized throughout its history through neutrality and independence, which can be a model for the actual and much controversial BREXIT and why not, for any other country that has not come yet through the stages of joining the European Union but wants its citizens to enjoy the benefits of free movement within the European Union.
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The polluter pays principle, alongside precaution, prevention and correction at the source represent the four pillars on which the entire system of environmental tort liability is built. Subject to ample international debate, the aforementioned principle came into being as proof of modern society’s growing concern when faced with the dangers of industrial and technological development. The irrefutable reality of pollution, as well as its negative consequences on the ecosystem, has made it imperative to identify the major infringers who pose a threat to the environment and to somehow devise a proper system of holding them accountable for their actions. This endeavour is made all the more difficult by the fact that, behind each and every major environmental disaster, there lays a tangled web of causes and contributing factors, which is more often than not impossible to decipher. The goal of this article is to present an overview of the defining characteristics of the polluter pays principle, as well as a few examples of its practical application in international case-law.
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In the commercial and financial globalization conditions, more consistent concerns of international organizations of universal jurisdiction to initiate indicators and standards for the protection of employees are visible globally. The aim is to determine the economic actors to organize their operational activities so as not to affect internationally recognized standards in the field of labour relations and human rights in general.The author reviews the two most important documents that state globally the rights of employees, upon which the companies conduct on their fairness in their economic and social behavior is monitored, namely the United Nations Global Compact and the United Nations Guiding Principles on Business and Human Rights.
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First, the most important points concerning the right of all peoples to self-determination is presented by quoting a selection of statements taken from doctrinal works, as well as from documents dealing with the respective part of Public International Law. The claim that this right is both, a universaly accepted political principle, and a rule of positive International Law, is made. One is in fact faced with an indisputable norm of substantive International Law. However, it must also be stressed, that there is an evident lack of procedural rules which should regulate the process of a people trying to realize their right to self-determination. This is an unpleasant fact generating political and legal difficulties in international relations. Follows a discussion on the relation between the right to self-determination and the right of states to territorial integrity. The confrontation of these two rights, that of self-determination, and that of the integrity of states (sovereignty versus self-determination) generates further controversial standpoints, both in theory and practice. This confrontation leads to impression, or even conviction, that there is an insurmountable and irreconcilable conflict between the two unalterable conceptions. This standpoint is strongly opposed by the author. His argumentation and standpoint is based on the ≫Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations.≪ The problems of self-determination are then discussed as a problem of Constitutional Law, taking also into consideration the constitutions of former Yugoslavia. The author denies and rejects the assertion that the right to self-determination of the peoples of former Yugoslavia has been used up, and therefore does not exist anymore. This so-called ≫theory of consumed rights≪ is politicaly and legally, unacceptable. However, even if this ≫theory≪ would be acceptable, then it could only be acceptable from the point of view of constitutional law, and would in turn absolutely violate the obligations contained in international treaty law. As with many other rights, it is also possible to abuse the right to self-determination. The present paper discusses ways and means of abusing the right to self-determination, as well as ways to discover and assertain abuse in concrete cases. When abuse comes close to negating the right to self-determination, then International Law is unable to give answers to all the possible questions about the scope and the extent of this right. How far can the right to self-determination go without pulverizing the structure of a State? The answer to this question lies in studying the experiences acquired in the field of political history, international relations and politology.
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The current system of human rights protection has a multifaceted nature. There are three standards of the protection (universal, regional and national). It’s difficult to create the relationship between those standards. Each of those system relates the different ranges of application. The aim of article is to answer the question whether it is possible to create a uniform standard of protection against discrimination based on sexual orientation.
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Women’s rights are an inseparable part of the human rights, and human rights are an integrated part of women’s rights. The Swedish Government has adopted a concept of feminist foreign policy, aiming at strengthening these rights on a global level. Women’s rights are continued to be violated as much as ever, hindering democracy, peace, rule of law, sustainable development and economic growth – the overarching aims of international policy. Women’s rights to education, financial resources and access to the labour market are crucial in defending human rights and having a policy for 100 per cent of the world’s population. A priority task of the feminist foreign policy is supporting women’s inclusion in all decision-making structures, both on national and multilateral level. This in order to achieve wider foreign, development and security policy objectives through a new approach, different way of thinking and different solutions.
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Human rights are one of the cornerstones of a democratic state. They have character: natural and inalienable. Human rights also apply to specific moments in which is a specific person, which is: a child, employee, patient and a person with a disability. The last two categories have a special character. They relate to moments in human life, in which he experiences pain and suffering. In Poland, for nearly thirty years operating office of the Ombudsman. Thanks to the work of successive ombudsmen, society was (and still is) learned in the field of human rights and freedoms. In recent years, it can be seen changes in the Polish system of human rights protection. There are new types of ombudsmen. With regard to persons with disabilities, there is new, innovative form of action. It is a method of training the skills of being a \"spokesman own rights\". How work the above, still forming the Polish system of ombudsmen? How individual spokesmen work? Are their initiatives effective?
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Dutch authorities investigate a defendant’s televised suicide during an appeal hearing on war crimes in Bosnia.
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This article is an attempt to define the role of the principle of equal treatment in proceedings before courts.
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W Polsce toczy się obecnie dyskusja wokół problemu początku ochrony życia ludzkiego. Między innymi prowadzona jest debata nad potrzebą ratyfikacji Konwencji Bioetycznej i kwestią ewentualnego złożenia do niej deklaracji lub zastrzeżeń. Ponadto trwają prace na projektem ustawy regulującej kwestie wspomaganej prokreacji. Od lat trwa również dyskusja dotycząca problemu prawnej regulacji przerywania ciąży. Przy rozstrzyganiu takich problemów, jak dopuszczalność lub niedopuszczalność przerywania ciąży, wspomagana prokreacja, przeprowadzanie eksperymentów naukowych na embrionach ludzkich, odpowiedź na pytanie, od którego momentu zaczyna się prawna ochrona życia ludzkiego, jest sprawą kluczową.
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