5 resultados para COUNTERVAILING DUTIES

em Digital Peer Publishing


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Trying to give a definition of Citizenship Education is a challenging operation: it is characterized by a variety of meanings flowing from Civic Education (related to knowledge and practice about the system of laws, rules, conventions referring to a particular civil community) to Socio-political education (related to the awareness of being part of the system of cultural elements, values, traditions historically produced by the community itself). It would be not be correct identifying Citizenship Education only with elements of Civic Education, as it would restrict its range to formal level of rules and laws, rights and duties. Otherwise, limiting its understanding only on elements of Sociopolitical Education, would offer the risk of investing in cultural similarities, common roots, values homogeneity, that are strong in giving hold on identity, membership, participation, but so exposed to acts of fanaticism, exclusion of diversity, hostility towards minorities. Therefore, it is necessary to assume that Citizenship Education has to be established on problematic integration of the two presented perspectives, thus founding knowledge and practice about the rules of civil society on the system of values and cultural aspects that every single micro-community (and every single individual) recognizes to be source of the rules: a complex system of various elements made of homogeneity and inhomogeneity, similarities and differences in constant modification an dynamic intercommunication.

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In a recent policy document of the organized employers in the care and welfare sector in The Netherlands (the MO Group), directors and board members of care and welfare institutions present themselves as "social entrepreneurs", managing their institutions as look-a like commercial companies. They are hardly criticized and there is not any countervailing power of significance. The workers are focusing on their own specialized professional fields and divided as a whole. Many government officials are in favour or do not bother. The relatively small number of intellectual workers in Dutch care and welfare are fragmented and pragmatic. From a democratic point of view this is a worrying situation. From a professional point of view the purpose and functions of professional care and welfare work are at stake. The penetration of market mechanisms and the take-over by commercially orientated managers result from unquestioned adaptation of Anglo-Saxon policy in The Netherlands in the 1990's, following the crisis of the Welfare State in the late 1980's. The polder country is now confronted fully with the pressure and negative effects of unbalanced powers in the institutions, i.e. Managerialism. After years of silence, the two principal authentic critics of Dutch care and welfare, Harry Kunneman and Andries Baart, are no longer voices crying in the wilderness, but are getting a response from a growing number of worried workers and intellectuals. Kunneman and Baart warn against the restriction of professional space and the loss of normative values and standards in the profession. They are right. It is high time to make room for criticism and to start a debate about the future of the social professions in The Netherlands, better: in Europe. Research, discussion and action have to prove how worrying the everyday situation of professional workers is, what goals have to be set and what strategy to be chosen.

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Contemporary citizenship studies have been more concerned with the theory and philosophy of citizenship than with empirical studies. The general objective of this contribution is to broaden the understanding of how notions of citizenship are constructed and re-valued in the social world. The study draws on a qualitative analysis of political elite discourse on Romani issues in the Finnish Parliament from 1989-2003. How issues concerning the Roma are debated elucidates the dilemmas of universal rights and duties within the Nordic welfare model, and the possibilities for cultural diversity within this framework. While the Finnish parliamentary debate accentuated tolerance and the acceptance of difference as strengthening factors for Finnish social citizenship, it was not before the new millennium that the political discourse changed to increasingly stress notions of discrimination and structural inequalities in relation to the incapability to provide for a full an inclusive citizenship as regards the Romani minority.

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Copyright infringements on the Internet affect all types of media which can be used online: films, computer games, audio books, music, software, etc. For example, according to German studies, 90% of all copyright violations affecting film works take place on the Internet. This storage space is made available to such infringers, as well as to others whose intentions are legal, by hosting providers. To what extent do hosting providers have a duty of care for their contribution to the copyright infringements of third parties, i.e. their users? What duties of care can be reasonably expected of hosting providers to prevent such infringements? These questions have been heavily debated in Germany, and German courts have developed extensive case law. This article seeks to examine these questions by assessing German jurisprudence against its EU law background.

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In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a number of duties and responsibilities on providers processing personal data; and the freedom of expression, contained inter alia in the ECHR, which, under certain conditions, grants Internet providers several privileges and freedoms. Each doctrine has its own field of application, but they also have partial overlap. In practice, this creates legal inequality and uncertainty, especially with regard to providers that host online platforms and process User Generated Content.