873 resultados para human rights, human dignity, constitutional rights, international human rights, legal history


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The paper explores competitive balance in top tier English league football from its inception in 1888. It examines the extent to which finishing in the top four positions in successive seasons is the preserve of a small number of clubs. Using a range of statistical measures, the analysis shows that the current high levels of competitive imbalance are not new phenomena. The overall pattern approximates a ‘U curve’: current patterns parallel those in the 1890s. In the early years of English league football, differences in resources between clubs soon became apparent. Clubs from the larger conurbations generated consistently larger revenues than their counterparts in the smaller industrial towns. This was primarily the result of the larger crowds that they could attract to their home games. This enabled them to entice the best players to their clubs away from their smaller rivals. The introduction of the maximum wage in 1901 and the transfer system helped to stem these increasing inequalities between clubs. This coincided with a massive wave of new stadia construction which enabled all the clubs to compete on an increasingly level playing field. These conjunctural changes to English football before 1915 produced the era of relatively competitive football during the inter-war years. This continued until the abolition of the maximum wage in 1961. Since that time, competitive balance has reversed and become increasingly restricted. English top-tier football has re-entered an era of extreme competitive imbalance.

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In my last four years of PhD by practice at the Royal College of Art, I have conducted extensive research on archival photography including materials held at the Museum der Weltkulturen, Frankfurt am Main; the Institute for Iranian Contemporary Historical Studies (IICHS) , Tehran; and the International Institute of Social History (IISH), Amsterdam. My project started with the fortuitous encounter with a photograph taken by Iranian photographer Hengameh Golestan on the morning of March 8, 1979. The photograph shows women marching in the streets of Teheran in protest against the introduction of the compulsory Islamic dress code. In 1936 Reza Shah had decreed a ban on the headscarf as part oh his westernising project. Over forty years later following the 1979 Revolution, Ruhollah Khomeini reversed this decision by ordering that women should now cover their hair. This ‘found image’ presented me with a glimpse into the occulted history of my own country and the opportunity to advance towards a deeper learning and understanding of the event of March 8, 1979 a significant date in the history of feminism in Iran. In what follows I revisit the history of Iran since the 1979 revolution with a particular inflexion on the role women played in that history. However, as my project develops , I gradually move away from the socio-historical facts to investigate the legacy of the revolution on the representations of women in photography, film and literature as well as the creation of an imaginary space of self representation. To this end my writing moves constantly between the documentary, the analytical and the personal. In parallel I have made photographs and video works which are explorations of the veil as object of fascination and desire as well as symbol of repression.

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Voluntary methadone administration for the purpose of sedation eventually resulting in the infant's death is extremely infrequent, though it has been observed. In this report, we describe an autopsy case pertaining to a 32-month-old infant who was repeatedly exposed to methadone by his parents. Autopsy revealed a coarctation of the aorta with a focal stenosis located at the junction of the distal aortic arch and the descending aorta. Left ventricular hypertrophy was also observed. Both these findings were considered to not have played a role in the child's death. Methadone was detected in the femoral blood (0.633 mg/l), urine (5.25 mg/l), bile (2.64 mg/l), and gastric contents (1.08 mg). A segmental hair analysis showed the presence of methadone and morphine in both the proximal and distal portion of the lock. Methadone was also detected in nail samples. A segmental hair analysis performed on the younger brother of the deceased revealed the presence of methadone and morphine in both the proximal and distal segments, as well as the presence of 6-monoacetylmorphine exclusively in the distal portion. Though the parents denied any involvement in methadone administration or exposure for the purpose of sedation, the manner of death was listed as homicide. The case emphasizes the usefulness of hair analysis to identify threatening situations for the children of drug-dependent parents and possibly support measures by the authorities to recognize and intervene in these potentially fatal situations.

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The post-mortem diagnosis of acute myocardial ischemia remains a challenge for both clinical and forensic pathologists. We performed an experimental study (ligation of left anterior descending coronary artery in rats) in order to identify early markers of myocardial ischemia, to further apply to forensic and clinical pathology in cases of sudden cardiac death. Using immunohistochemistry, Western blots, and gene expression analyses, we investigated a number of markers, selected among those which are currently used in emergency departments to diagnose myocardial infarction and those which are under investigation in basic research and autopsy pathology studies on cardiovascular diseases. The study was performed on 44 adult male Lewis rats, assigned to three experimental groups: control, sham-operated, and operated. The durations of ischemia ranged between 5 min and 24 h. The investigated markers were troponins I and T, myoglobin, fibronectin, C5b-9, connexin 43 (dephosphorylated), JunB, cytochrome c, and TUNEL staining. The earliest expressions (≤30 min) were observed for connexin 43, JunB, and cytochrome c, followed by fibronectin (≤1 h), myoglobin (≤1 h), troponins I and T (≤1 h), TUNEL (≤1 h), and C5b-9 (≤2 h). By this investigation, we identified a panel of true early markers of myocardial ischemia and delineated their temporal evolution in expression by employing new technologies for gene expression analysis, in addition to traditional and routine methods (such as histology and immunohistochemistry). Moreover, for the first time in the autopsy pathology field, we identified, by immunohistochemistry, two very early markers of myocardial ischemia: dephosphorylated connexin 43 and JunB.

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Hasta hace casi una década, la guerra contra el terrorismo fue una lucha solitaria de los Estados. Actualmente y debido a las implicaciones globales de este fenómeno, las acciones contra este flagelo han adquirido connotación internacional. Gran parte de los países miembros de las Naciones Unidas han acogido esta guerra –contra un enemigo común, pero indefinido- como un compromiso político en favor de la paz y seguridad internacional. La producción constante de instrumentos internacionales que condenan el terrorismo y que exigen tomar medidas para combatirlo, demuestran que esa intención política originaria se ha decantado en el ordenamiento internacional como una obligación autónoma, de carácter consuetudinario; que hace que actualmente no haya país en el mundo que pueda excusarse de combatir al terrorismo (interno o transnacional) independientemente de las justificaciones que se puedan aludir para el no cumplimiento.

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Observant le corpus des grammaires de portugais langue étrangère, depuis la deuxième moitié du XVIIe siècle, nous constatons que Londres a été une capitale éditoriale du monde grammatical portugais et les Britanniques (étudiants et commerçants) un public cible privilégié. L’œuvre A Portuguez Grammar : or, Rules shewing the True and Perfect way to learn the said language (1662) – la première publication grammaticale connue de portugais langue étrangère – a été publiée à Londres, lors du mariage royal de l’infante portugaise Catherine de Bragance et Charles II d’Angleterre, afin de servir, selon son auteur, le militaire français Monsieur de la Molière : “a deux sortes de personne en Angleterre, aux gens de commerce (…) & aux gens de Cour” (“to two sorts of Persons in England : to people of Traffique and Commerce (…) And to Persons of the Court”). La production et la circulation de grammaires de portugais comme langue étrangère écrites en anglais et publiées à Londres continuent pendant les XVIIIe et XIXe siècles ; ville où ont été commercialisées et exportées des œuvres grammaticales portugaises comme celles de J. Castro (1731), António Vieira (1786), Richard Woodhouse (1815), Luís Francisco Midosi (1832), Alfred Elwes (1876), Charles Henry Wall (1882). Notre propos dans cette étude est, d’abord, d’analyser ce mouvement grammatical luso-britannique, notamment un ensemble de grammaires de portugais produites dans l’espace anglophone. De plus, nous estimons contribuer à l’étude des anciennes grammaires de portugais comme langue étrangère dans le cadre de l’historiographie linguistique canonique, partant du fait que ces œuvres font partie de l’historie de la grammaire des vernaculaires européens.

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This thesis is an attempt to explore the problems faced by Indian Women and to examine the ways in which the human rights of women could be better protected in the light of international movements with special reference to national legislation and judicial decisions.The evolution of human rights from early period to Universal Declaration of Human Rights, 1948 is traced in the first chapter. The second chapter deals with the evolution of human rights in India. The evolution of fundamental rights and directive principles and the role played by the Indian Judiciary in enforcing the human rights enumerated in various international instruments dealing with human rights are also dealt with in this chapter. The rights guaranteed to women under the various international documents have been dealt with in the third chapter.It is noticed that the international documents have had their impact in India leading to creation of machinery for protection of human rights. Organised violations of women's rights such as prostitution, devadasi system, domestic violence, sexual harassment at workplaces, the evil of dowry, female infanticide etc. have been analysed in the light of existing laws and decisional jurisprudence in the fourth chapter. The fifth chapter analyses the decisions and consensus that emerged from the world conferences on women and their impact on the Indian Society and Judiciary. The constitutional provisions and legislative provisions protecting the rights of women have been critically examined in the sixth chapter. Chapter seven deals with various mechanisms evolved to protect the human rights of women. The eighth chapter contains conclusions and suggestions.

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The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European Court of Human Rights. The article submits that owing to its unique constitutional stipulations, as well as to a general reluctance to engage foreign legal sources, U.S. jurisprudence lags behind an emerging global jurisprudential trend that increasingly views convicts’ disenfranchisement as a suspect practice and subjects it to judicial review. This transnational judicial discourse follows a democratic paradigm and adopts a “residual liberty” approach to criminal justice that considers convicts to be rights-holders. The discourse rejects regulatory justifications for convicts’ disenfranchisement, and instead sees disenfranchisement as a penal measure. In order to determine its suitability as a punishment, the adverse effects of disenfranchisement are weighed against its purported social benefits, using balancing or proportionality review. Part III analyzes the international human rights treaty regime. It assesses, in particular, Article 25 of the International Covenant on Civil and Political Rights (“ICCPR”), which proclaims that “every citizen” has a right to vote without “unreasonable restrictions.” The analysis concludes that the phrase “unreasonable restrictions” is generally interpreted in a manner which tolerates certain forms of disenfranchisement, whereas other forms (such as life disenfranchisement) may be incompatible with treaty obligations. This article submits that disenfranchisement is a normatively flawed punishment. It fails to treat convicts as politically-equal community members, degrades them, and causes them grave harms both as individuals and as members of social groups. These adverse effects outweigh the purported social benefits of disenfranchisement. Furthermore, as a core component of the right to vote, voter eligibility should cease to be subjected to balancing or proportionality review. The presumed facilitative nature of the right to vote makes suffrage less susceptible to deference-based objections regarding the judicial review of legislation, as well as to cultural relativity objections to further the international standardization of human rights obligations. In view of this, this article proposes the adoption of a new optional protocol to the ICCPR proscribing convicts’ disenfranchisement. The article draws analogies between the proposed protocol and the ICCPR’s “Optional Protocol Aiming at the Abolition of the Death Penalty.” If adopted, the proposed protocol would strengthen the current trajectory towards expanding convicts’ suffrage that emanates from the invigorated transnational judicial discourse.

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Economic globalization and respect for human rights are both highly topical issues. In theory, more trade should increase economic welfare and protection of human rights should ensure individual dignity. Both fields of law protect certain freedoms: economic development should lead to higher human rights standards, and UN embargoes are used to secure compliance with human rights agreements. However the interaction between trade liberalisation and human rights protection is complex, and recently, tension has arisen between these two areas. Do WTO obligations covering intellectual property prevent governments from implementing their human rights obligations, including rights to food or health? Is it fair to accord the benefits of trade subject to a clean human rights record? This book first examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. It builds upon the well-known debate between Professor Ernst-Ulrich Petersmann, who construes trade obligations as human rights, and Professor Philip Alston, who warns of a merger and acquisition of human rights by trade law. From this starting point, further chapters explore the differing legal matrices of the two fields and examine how cooperation between them might be improved, both in international law-making and institutions,in dispute settlement. The interaction between trade and human rights is then explored through seven case studies:freedom of expression and competition law; IP protection and health; agricultural trade and the right to food; trade restrictions on conflict WHO convention on tobacco control; and, finally, human rights conditionalities in preferential trade schemes.

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Peer reviewed

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The article attempt to demonstrate the evolution of international law in connected to the subject of the forced immigrants'. The author supported by several texts, cases and resolutions of the regional level, through interamerican court and European court, and the global level, through the international court. It's shown the evolution that occurred in international law in millennium turn over, which recognize the immigrants' rights. However, it's stressed the necessity of the development of those laws connected to the theme e the recognition, from the States; the importance of law's that effort to ensure the respect to human rights relative to the immigrants and their families.

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Abstract: § 1 «Do we need a “new” international convention that helps to avoid trafficking in organs? Some criminal (and civil) law aspects”» - «Convention on Human Rights and Biomedicine – updated or outdated?». § 2 Some important connections: on the one hand, between the 1997 Council of Europe Convention on Human Rights and Biomedicine; the 2002 Additional Protocol to the Convention on Human Rights and Biomedicine concerning Transplantation of Organs and Tissues of Human Origin; and, on the other hand, the problem of trafficking in organs, tissues and cells and trafficking in human beings for the purpose of the removal organs. Some connections. § 3 The «international undisputed principle». § 4 Trafficking in organs, tissues and cells; and trafficking in human beings for the purpose of the removal organs. Criminal Law and Civil Law. § 5 Promote organ donation. § 6 The necessity to collect reliable data on both trafficking cases. § 7 The necessity for an internationally agreed definition of trafficking in OTC: Convention on Human Rights and Biomedicine – updated or outdated? § 8 The (inter)national and (il)legal organ («tissue and cell») trade: some cases and some conclusions. § 9 Do we need a new international convention to prevent trafficking in organs, tissues and cells (OTC)? § 10 Of course we need a «new» international convention to prevent trafficking in organs, tissues and cells (OTC). § 11 At the present moment, we do not need a «new» international convention to prevent trafficking in human beings for the purpose of the removal organs. § 12 The Portuguese case. § 13 «Final conclusions.» § Resumo: § 1 «Precisamos de uma "nova" convenção internacional que ajude a evitar o tráfico de órgãos? Alguns aspectos de lei criminal (e civil)» - «Convenção sobre Direitos Humanos e Biomedicina - Actualizada ou desactualizada?». § 2 Algumas conexões importantes: por um lado, entre a Convenção do Conselho da Europa de 1997 sobre Direitos Humanos e Biomedicina; o Protocolo Adicional de 2002 à Convenção sobre os Direitos do Homem e da Biomedicina relativo ao transplante de órgãos e tecidos de origem humana, e, por outro lado, o problema do tráfico de órgãos, tecidos e células e tráfico de seres humanos para fins de remoção dos órgãos. § 3 O «indiscutível princípio internacional». § 4 O Tráfico de órgãos, tecidos e células; e o tráfico de seres humanos para fins de remoção dos órgãos. Direito Penal e Direito Civil. § 5 Promover a doação de órgãos. § 6 A necessidade de colectar dados fidedignos sobre os dois casos de tráfico. § 7 A necessidade de uma definição internacionalmente acordada de tráfico de OTC: Convenção sobre Direitos Humanos e Biomedicina - actualizada ou desactualizada? § 8 A (inter)nacional e (il)legal comercialização de órgãos («de tecidos e de células»): alguns casos e algumas conclusões. § 9 Será que precisamos de uma nova convenção internacional para prevenir o tráfico de órgãos, tecidos e células (OTC)? § 10 É claro que precisamos de uma «nova» convenção internacional para prevenir o tráfico de órgãos, tecidos e células (OTC). § 11 No presente momento, não precisamos de uma «nova» convenção internacional para impedir o tráfico de seres humanos para fins de remoção dos órgãos. § 12 O caso Português. § 13 «As conclusões finais.»