The collective dimension of freedom of religion or belief in international law : the application of findings to the case of Turkey

Pertinent domestic and international developments involving issues related to tensions affecting religious or belief communities have been increasingly occupying the international law agenda. Those who generate and, thus, shape international law jurisprudence are in the process of seeking some of the answers to these questions. Thus the need for reconceptualization of the right to freedom of religion or belief continues as demands to the right to freedom of religion or belief challenge the boundaries of religious freedom in national and international law. This thesis aims to contribute to the process of “re-conceptualization” by exploring the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of the right to freedom of religion or belief. The case of Turkey provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights “in community with others”.1 It cannot be realized in isolation; it crosses categories of human rights with aspects that are individual, aspects that can be effectively realized only in an organized community of individuals and aspects that belong to the field of economic, social and cultural rights such as those related to religious or moral education. This study centers on two primary questions; first, what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? Section I explores and examines the notion of the collective dimension of freedom of religion or belief, and the scope of its protection in international law with particular reference to the right to acquire legal personality and autonomy religious/belief communities. In Section II, the case study on Turkey constitutes the applied part of the thesis; here, the protection of the collective dimension is assessed with a view to evaluate the compliance of Turkish legislation and practice with international norms as well as seeking to identify how the standard of international review of the collective dimension of freedom of religion or belief can be improved.

The Ontario Municipal Freedom of Information and Protection of Individual Privacy Act: an analysis of its application to school boards

In Canada freedom of information must be viewed in the context of governing -- how do you deal with an abundance of information while balancing a diversity of competing interests? How can you ensure people are informed enough to participate in crucial decision-making, yet willing enough to let some administrative matters be dealt with in camera without their involvement in every detail. In an age when taxpayers' coalition groups are on the rise, and the government is encouraging the establishment of Parent Council groups for schools, the issues and challenges presented by access to information and protection of privacy legislation are real ones. The province of Ontario's decision to extend freedom of information legislation to local governments does not ensure, or equate to, full public disclosure of all facts or necessarily guarantee complete public comprehension of an issue. The mere fact that local governments, like school boards, decide to collect, assemble or record some information and not to collect other information implies that a prior decision was made by "someone" on what was important to record or keep. That in itself means that not all the facts are going to be disclosed, regardless of the presence of legislation. The resulting lack of information can lead to public mistrust and lack of confidence in those who govern. This is completely contrary to the spirit of the legislation which was to provide interested members of the community with facts so that values like political accountability and trust could be ensured and meaningful criticism and input obtained on matters affecting the whole community. This thesis first reviews the historical reasons for adopting freedom of information legislation, reasons which are rooted in our parliamentary system of government. However, the same reasoning for enacting such legislation cannot be applied carte blanche to the municipal level of government in Ontario, or - ii - more specifially to the programs, policies or operations of a school board. The purpose of this thesis is to examine whether the Municipal Freedom of Information and Protection of Privacy Act, 1989 (MFIPPA) was a neccessary step to ensure greater openness from school boards. Based on a review of the Orders made by the Office of the Information and Privacy Commissioner/Ontario, it also assesses how successfully freedom of information legislation has been implemented at the municipal level of government. The Orders provide an opportunity to review what problems school boards have encountered, and what guidance the Commissioner has offered. Reference is made to a value framework as an administrative tool in critically analyzing the suitability of MFIPPA to school boards. The conclusion is drawn that MFIPPA appears to have inhibited rather than facilitated openness in local government. This may be attributed to several factors inclusive of the general uncertainty, confusion and discretion in interpreting various provisions and exemptions in the Act. Some of the uncertainty is due to the fact that an insufficient number of school board staff are familiar with the Act. The complexity of the Act and its legalistic procedures have over-formalized the processes of exchanging information. In addition there appears to be a concern among municipal officials that granting any access to information may be violating personal privacy rights of others. These concerns translate into indecision and extreme caution in responding to inquiries. The result is delay in responding to information requests and lack of uniformity in the responses given. However, the mandatory review of the legislation does afford an opportunity to address some of these problems and to make this complex Act more suitable for application to school boards. In order for the Act to function more efficiently and effectively legislative changes must be made to MFIPPA. It is important that the recommendations for improving the Act be adopted before the government extends this legislation to any other public entities.

The Right to Freedom of Information in Inida

This thesis entitled “The right to freedom of information in india”.In a democracy, the citizens being the persons to choose their own governors, the right to know from the Government is a pre-condition for a properly evaluated election. Freedom of speech and expression, one of the repositories of self~government, forms the basis for the right to know in a wider scale. The functions which the free speech rights serve in a society also emphasize the need for more openness in the functioning of a democracy.Maintanance of law and order and investigation of crimes are highly important in a country like India, where no risk may be taken on account of the public‘s right to know. The Indian situations relating terrorist activities, riots based on language, region, religion and caste are important in this respect. The right to know of the citizens may be regulated in the interests of secrecy required in these areas.On the basis of the conclusions reached in this study, a draft Bill has been proposed for the passing of an Access to Public Documents Act. This Bill is appended to this Thesis.

“Right to Privacy and Freedom of Press - Conflicts and Challenges”

India is a signatory to the United Nations Declaration of Human Rights 1948 and the International Covenant on Civil and Political 1966, the two major International instruments, building the foundations of the major democracies and the constitutions of the world. Both these instruments give an independent and upper position to right to privacy compared to right to freedom of speech and expression. The freedom of press finds its place under this right to freedom of speech and expression. Both these rights are the two opposite faces of the same coin. Therefore, without the right of privacy finding an equal place in Indian law compared to right to freedom of speech and expression, the working of democracy would be severely handicapped and violations against citizens rights will be on the rise It was this problem in law and need to bring a balance between these two conflicting rights that induced me to undertake this venture. This heavy burden to bring in a mechanism to balance these two rights culminated in me to undertake this thesis titled “Right to Privacy and Freedom of Press – Conflicts and Challenges

Fundamental Right to Freedom of Conscience without Objection? Some Notes for its Recognition as a Fundamental Guarantee

Conscientious objection is defined as the ability to depart from statutory mandates because of intimate convictions based on ethical or religious convictions. A discussion of this issue presents the conflict between the idea of a State concerned with the promotion of individual rights or the protection of general interests and an idea of law based on the maintenance of order and against a view of the law as a means to claim the protection of minimum conditions of the person. From this conflict is drawn the possibility to argue whether conscientious objection should be guaranteed as a fundamental right of freedom of conscience or as a statutory authority legislatively conferred upon persons. This paper sets out a discussion around the two views so as to develop a position that is more consistent with the context of social and constitutional law.

Dare to be different : a celebration of freedom in association with Amnesty International.

Los poemas y relatos de esta antología ponen de manifiesto que los principios justicia, libertad, igualdad, entre todas las personas, inspirándose en la labor de Amnistía Internacional, deben aplicarse en nuestra vida cotidiana y no sólo en la política, si queremos un mundo mejor.

The struggle for freedom : 1770 to 1870.

Forma parte de una serie que estudia la historia del hombre negro y de sus logros en la historia mundial. En este recurso se examina la dispersión de la población africana por todo el mundo como consecuencia de la trata de esclavos y la creación de comunidades negras en el Mar Caribe y en las costas del Norte y Sur de America; la dura vida de los esclavos en las plantaciones de Virginia, una de las primeras colonias británicas en Norteamérica. También, estudia la oposición a la esclavitud tras la independencia de las colonias americanas y la redacción de la Constitución de 1789; las rebeliones de los esclavos en el Caribe y su huida hacia los estados proabolicionistas y, la extensión de la emancipación, en el siglo XIX, por distintos países: Gran Bretaña, Estados Unidos, España y Portugal.

Modeling cumulative evidence for freedom from disease with applications to BSE surveillance trials

This investigation deals with the question of when a particular population can be considered to be disease-free. The motivation is the case of BSE where specific birth cohorts may present distinct disease-free subpopulations. The specific objective is to develop a statistical approach suitable for documenting freedom of disease, in particular, freedom from BSE in birth cohorts. The approach is based upon a geometric waiting time distribution for the occurrence of positive surveillance results and formalizes the relationship between design prevalence, cumulative sample size and statistical power. The simple geometric waiting time model is further modified to account for the diagnostic sensitivity and specificity associated with the detection of disease. This is exemplified for BSE using two different models for the diagnostic sensitivity. The model is furthermore modified in such a way that a set of different values for the design prevalence in the surveillance streams can be accommodated (prevalence heterogeneity) and a general expression for the power function is developed. For illustration, numerical results for BSE suggest that currently (data status September 2004) a birth cohort of Danish cattle born after March 1999 is free from BSE with probability (power) of 0.8746 or 0.8509, depending on the choice of a model for the diagnostic sensitivity.

Moving from reclusion to partial freedom: the experience of family caregivers for disabled elderly persons assisted in a day care center

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

On the dynamic behaviour of a nonlinear system weakly connected to a linear single degree-of-freedom system

This paper discusses the dynamic behaviour of a nonlinear two degree-of-freedom system consisting of a harmonically excited linear oscillator weakly connected to a nonlinear attachment that behaves as a hardening Duffing oscillator. A system which behaves in this way could be a shaker (linear system) driving a nonlinear isolator. The mass of the nonlinear system is taken to be much less than that in the linear system and thus the nonlinear system has little effect on the dynamics of the linear system. Of particular interest is the situation when the linear natural frequency of the nonlinear system is less than the natural frequency of the linear system such that the frequency response curve of the nonlinear system bends to higher frequencies and thus interacts with the resonance frequency of the linear system. It is shown that for some values of the system parameters a complicated frequency response curve for the nonlinear system can occur; closed detached curves can appear as a part of the overall amplitude-frequency response. The reason why these detached curves appear is presented and approximate analytical expressions for the jump-up and jump-down frequencies of the system under investigation are given.

Result on speech perception after conversion from Spectra (R) to Freedom (R)

New technology in the Freedom (R) speech processor for cochlear implants was developed to improve how incoming acoustic sound is processed; this applies not only for new users, but also for previous generations of cochlear implants. Aim: To identify the contribution of this technology - the Nucleus 22 (R) - on speech perception tests in silence and in noise, and on audiometric thresholds. Methods: A cross-sectional cohort study was undertaken. Seventeen patients were selected. The last map based on the Spectra (R) was revised and optimized before starting the tests. Troubleshooting was used to identify malfunction. To identify the contribution of the Freedom (R) technology for the Nucleus22 (R), auditory thresholds and speech perception tests were performed in free field in soundproof booths. Recorded monosyllables and sentences in silence and in noise (SNR = 0dB) were presented at 60 dBSPL. The nonparametric Wilcoxon test for paired data was used to compare groups. Results: Freedom (R) applied for the Nucleus22 (R) showed a statistically significant difference in all speech perception tests and audiometric thresholds. Conclusion: The reedom (R) technology improved the performance of speech perception and audiometric thresholds of patients with Nucleus 22 (R).

Using scenario tree modelling for targeted herd sampling to substantiate freedom from disease

BACKGROUND: In order to optimise the cost-effectiveness of active surveillance to substantiate freedom from disease, a new approach using targeted sampling of farms was developed and applied on the example of infectious bovine rhinotracheitis (IBR) and enzootic bovine leucosis (EBL) in Switzerland. Relevant risk factors (RF) for the introduction of IBR and EBL into Swiss cattle farms were identified and their relative risks defined based on literature review and expert opinions. A quantitative model based on the scenario tree method was subsequently used to calculate the required sample size of a targeted sampling approach (TS) for a given sensitivity. We compared the sample size with that of a stratified random sample (sRS) with regard to efficiency. RESULTS: The required sample sizes to substantiate disease freedom were 1,241 farms for IBR and 1,750 farms for EBL to detect 0.2% herd prevalence with 99% sensitivity. Using conventional sRS, the required sample sizes were 2,259 farms for IBR and 2,243 for EBL. Considering the additional administrative expenses required for the planning of TS, the risk-based approach was still more cost-effective than a sRS (40% reduction on the full survey costs for IBR and 8% for EBL) due to the considerable reduction in sample size. CONCLUSIONS: As the model depends on RF selected through literature review and was parameterised with values estimated by experts, it is subject to some degree of uncertainty. Nevertheless, this approach provides the veterinary authorities with a promising tool for future cost-effective sampling designs.

A study to demonstrate freedom of Trichinella spp. in domestic pigs in Switzerland

Trichinellosis is a food-borne zoonotic disease caused by the nematode Trichinella spp. Many omnivorous and carnivorous animal species can act as host for this parasite, including domestic pigs. To protect public health, it should be ensured that pork should not contain infective Trichinella larvae. Surveillance for Trichinella spp. can be done using direct (larval detection) and indirect (antibody detection) diagnostic techniques. The aim of this study was to demonstrate the absence of infection in Swiss domestic pigs. An ELISA was used as the initial screening test, and sera reacting in ELISA were further investigated using both a Western blot for serology and an artificial digestion test with 20 g of diaphragm tissue for larval detection. A total of 7412 adult pigs, 9973 finishing pigs and 2779 free-ranging pigs were tested. Samples from 17 (0.23%) adult pigs, 16 (0.16%) finishing pigs and nine (0.32%) free-ranging pigs were ELISA-positive, but all of these sera were subsequently negative by Western blot and by the artificial digestion method. Based on these findings, an absence of Trichinella infections in adult pigs (target prevalence 0.04%) and finishing pigs (target prevalence 0.03%) can be concluded. The results also demonstrated that the prevalence of Trichinella infections does not exceed 0.11% in free-ranging pigs, the group with the highest risk of exposure.