El desequilibrio procesal y probatorio del “opositor víctima o sujeto vulnerable” en el proceso de restitución de tierras

El presente trabajo se enmarca en la Ley de Víctimas, Ley 1448 del año 2011, y aborda específicamente los casos en que se presenta oposición de una víctima o bien de un sujeto vulnerable, de especial protección, frente a la reclamación de restitución de un predio por una víctima. No aborda la generalidad de los casos de oposición. Habiendo delimitado el objeto de estudio que atañe, es necesario señalar que el presente trabajo, se centra en indagar la posición procesal y las capacidades probatorias del opositor víctima o sujeto vulnerable en este tipo de procesos bajo las circunstancias ya enunciadas, para entrar a estudiar si, a este sujeto procesal se le respeta o se le viola su derecho a la igualdad de parte dentro del proceso de restitución de tierras y qué alternativas pueden establecerse para hacer del acto de oponerse un acto más garantista.

Ação política e a perspetiva social : Freguesia de São Domingos de Benfica : Relatório Profissional

O presente relatório caracteriza a ação política e a perspetiva social da Junta de Freguesia de São Domingos de Benfica, categorizando-o em cinco eixos de intervenção, analisando a sua eficácia e abrangência no período entre 2005 e 2011. No primeiro eixo, focado na ação na infância e juventude, inclui-se o Programa de Promoção de Competências Pessoais e Sociais, o Gabinete de Apoio à Criança e ao Jovem, os Encontros para Pais, a Comissão de Proteção de Crianças e Jovens, as Atividades de OTL do Espaço Jovem e os Programas de Férias. Das respostas para os adultos, no segundo eixo, fazem parte dois gabinetes de apoio aos munícipes1 com perturbações de comportamento aditivo e vítimas de violência doméstica, incluindo-se ações de prevenção e sensibilização. Para a população idosa temos o terceiro eixo e salienta-se o Programa de Envelhecimento Ativo e Saudável, as Atividades de OTL, nomeadamente o Programa de Férias para a população Sénior e as visitas e passeios histórico-culturais. A família e a qualidade das relações familiares são um aspeto de grande importância, por isso temos o quarto eixo que tem o acompanhamento psicossocial, apoio a famílias carenciadas e o projeto de apoio às famílias junto de bairros isolados da freguesia. Finalmente, o quinto e último eixo refere-se a um movimento de integração das várias entidades da freguesia designado por Comissão Social de Freguesia que pretende desenvolver projetos orientados para o apoio à comunidade. Este relatório terminará com uma reflexão crítica relativamente à evolução do trabalho desenvolvido na ação social desde 2005 até 2011.

Protección, violación, reparación, y sanción: ejes temáticos de la teoría y práctica del derecho internacional de los derechos humanos (Tema Central)

El tema de los Derechos humanos se ubica en el corazón de la teoría moderna del derecho internacional. Desde el final de la Segunda Guerra Mundial, esta rama de la ciencia jurídica ha conocido múltiples desarrollos, buscando primordialmente la protección de esos derechos, conceptualizados en generaciones. Este proceso se ha caracterizado por la creación de mecanismos –de alcance regional y universal– cuyo papel es reparar el daño causado a las víctimas de violaciones de los derechos humanos, y, en ciertos casos, castigar a sus verdugos. El presente artículo analiza estas varias facetas de una disciplina en constante evolución, a través de ejemplos concretos que permitirán efectuar una ponderación de la eficacia del sistema internacional de salvaguardia de los Derechos humanos.

The Court of Justice of the European Union as a fundamental rights tribunal: challenges for the effective delivery of fundamental rights in the area of freedom, security and justice. CEPS Paper in Liberty and Security in Europe No. 49, 29 August 2012

This paper reflects on the challenges facing the effective implementation of the new EU fundamental rights architecture that emerged from the Lisbon Treaty. Particular attention is paid to the role of the Court of Justice of the European Union (CJEU) and its ability to function as a ‘fundamental rights tribunal’. The paper first analyses the praxis of the European Court of Human Rights in Strasbourg and its long-standing experience in overseeing the practical implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Against this analysis, it then examines the readiness of the CJEU to live up to its consolidated and strengthened mandate on fundamental rights as one of the prime guarantors of the effective implementation of the EU Charter of Fundamental Rights. We specifically review the role of ‘third-party interventions’ by non-governmental organisations, international and regional human rights actors as well as ‘interim relief measures’ when ensuring effective judicial protection of vulnerable individuals in cases of alleged violations of fundamental human rights. To flesh out our arguments, we rely on examples within the scope of the relatively new and complex domain of EU legislation, the Area of Freedom, Security and Justice (AFSJ), and its immigration, external border and asylum policies. In view of the fundamental rights-sensitive nature of these domains, which often encounter shifts of accountability and responsibility in their practical application, and the Lisbon Treaty’s expansion of the jurisdiction of the CJEU to interpret and review EU AFSJ legislation, this area can be seen as an excellent test case for the analyses at hand. The final section puts forth a set of policy suggestions that can assist the CJEU in the process of adjusting itself to the new fundamental rights context in a post-Lisbon Treaty setting.

When the rising dragon sees fading stars: China's view of the European Union. CEPS Special Report No. 73, 29 November 2012

This CEPS Special Report gives an overview of China’s perceptions of the EU and the protection of Chinese investments in Europe since the outbreak of the European sovereign debt crisis, especially since the more concrete talks in late 2011 on possible financial support from China. Although the top leadership of the communist party of China (CPC) changed in its recent handover, the perceptions described in this paper are likely to remain the same, just as the main tenets of China’s foreign policy are unlikely to change in the near future. The report argues that while the EU’s image has suffered greatly from the sovereign debt crisis and the way it has been handled, there is room to improve China’s view of Europe and for the EU to maintain a relatively strong negotiation position towards China.

Flight initiation distances of nesting Piping Plovers (Charadrius melodus) in response to human disturbance

Birds frequently interact with people when they occur in coupled human-ecological or anthropogenic environments, which makes the protection of legally protected species a challenge. Flight initiation distances (FIDs) are often used to inform development of appropriate buffer distances required for human exclusion zones used to protect birds nesting in anthropogenic landscapes. Piping Plovers (Charadrius melodus) are protected by the Endangered Species Act in the United States and often nest in areas used by humans. Studies evaluating Piping Plover FIDs are limited and implementation of exclusion zones has been inconsistent across the species’ range. We measured Piping Plover response and FIDs to naturally occurring stimuli on public beaches at Lake McConaughy, Nebraska, USA. Piping Plover FIDs differed most by stimulus class (vehicle, human, dog, human with dog), Julian day, and hour of day. Piping Plover FIDs were greatest for dog and human with dog compared to humans and vehicles. For all types of stimuli, Piping Plover FIDs decreased over time during the nesting season and increased slightly during each day. In the majority of instances in which Piping Plovers left their nests, return times to the nest were relatively short (less than three minutes). These results suggest Piping Plovers become habituated to the presence of human-related stimuli over the course of a nesting season, but other explanations such as parental investment and risk allocation cannot be excluded. Additional research and improved guidance regarding the implementation of exclusion zones is needed so managers can implement effective protection programs in anthropogenic landscapes.

Tumour necrosis factor alpha induces rapid reduction in AMPA receptor-mediated calcium entry in motor neurones by increasing cell surface expression of the GluR2 subunit: relevance to neurodegeneration

The AMPA receptor (AMPAR) subunit GluR2, which regulates excitotoxicity and the inflammatory cytokine tumour necrosis factor alpha (TNF alpha) have both been implicated in motor neurone vulnerability in Amyotrophic Lateral Sclerosis/Motor Neurone Disease. TNF alpha has been reported to increase cell surface expression of AMPAR subunits to increase synaptic strength and enhance excitotoxicity, but whether this mechanism occurs in motor neurones is unknown. We used primary cultures of mouse motor neurones and cortical neurones to examine the interaction between TNF alpha receptor activation, GluR2 availability, AMPAR-mediated calcium entry and susceptibility to excitotoxicity. Short exposure to a physiologically relevant concentration of TNFalpha (10 ng/ml, 15 min) caused a marked redistribution of both GluR1 and GluR2 to the cell surface as determined by cell surface biotinylation and immunofluorescence. Using Fura-2 AM microfluorimetry we showed that exposure to TNFalpha caused a rapid reduction in the peak amplitude of AMPA-mediated calcium entry in a PI3-kinase and p38 kinase-dependent manner, consistent with increased insertion of GluR2-containing AMPAR into the plasma membrane. This resulted in a protection of motor neurones against kainate-induced cell death. Our data therefore, suggests that TNF alpha acts primarily as a physiological regulator of synaptic activity in motor neurones rather than a pathological drive in ALS

The use of a multiple criteria decision analysis to evaluate the effectiveness of landscape and habitat enhancement mechanisms: an example from the South Downs

A range of funding schemes and policy instruments exist to effect enhancement of the landscapes and habitats of the UK. While a number of assessments of these mechanisms have been conducted, little research has been undertaken to compare both quantitatively and qualitatively their relative effectiveness across a range of criteria. It is argued that few tools are available for such a multi-faceted evaluation of effectiveness. A form of Multiple Criteria Decision Analysis (MCDA) is justified and utilized as a framework in which to evaluate the effectiveness of nine mechanisms in relation to the protection of existing areas of chalk grassland and the creation of new areas in the South Downs of England. These include established schemes, such as the Countryside Stewardship and Environmentally Sensitive Area Schemes, along with other less common mechanisms, for example, land purchase and tender schemes. The steps involved in applying an MCDA to evaluate such mechanisms are identified and the process is described. Quantitative results from the comparison of the effectiveness of different mechanisms are presented, although the broader aim of the paper is that of demonstrating the performance of MCDA as a tool for measuring the effectiveness of mechanisms aimed at landscape and habitat enhancement.

The influence of commercial film-forming polymers on reducing salt spray injury in evergreen oak (Quercus ilex L.) and laurel (Prunus laurocerasus L.)

A field trial was undertaken to determine the influence of four commercially available film-forming polymers (Bond [alkyl phenyl hydroxyl polyoxyethylene], Newman Crop Spray 11E™ [paraffinic oil], Nu-Film P [poly-1-p menthene], and Spray Gard [di-1-p menthene]) on reducing salt spray injury on two woody species, evergreen oak (Quercus ilex L.) and laurel (Prunus laurocerasus L.). Irrespective of species, the film-forming polymers Nu-Film-P and Spay Gard did not provide any significant degree of protection against salt spray damage irrespective of concentration (1% or 2%) applied as measured by leaf chlorophyll concentrations, photosynthetic efficiency, visual leaf necrosis, foliar sodium and chloride content, and growth (height, leaf area). The film-forming polymer Newman Crop Spray 11E™ provided only 1-week protection against salt spray injury. The film-forming polymer Bond provided a significant (P < 0.05) degree of protection against salt spray injury 3 months after application as manifest by higher leaf chlorophyll content, photosynthetic efficiency, height and leaf area, and lower visual leaf necrosis and foliar Na and Cl content compared with nontreated controls. In conclusion, results indicate that application of a suitable film-forming polymer can provide a significant degree of protection of up to 3 months against salt spray injury in evergreen oak and laurel. Results also indicate that when applied at 1% or 2% solutions, no problems associated with phytotoxicity and rapid degradation on the leaf surface exist.

Macrophage antioxidant protection within atherosclerotic plaques

Macrophage cells within inflammatory lesions are exposed to a wide range of degrading and cytotoxic molecules including reactive oxygen species. Unlike neutrophils, macrophages do not normally die in this environment but continue to generate oxidants, phagocytose cellular remains, and release a range of cytoactive agents which modulate the immune response. It is this potential of the macrophage cell to survive in an oxidative environment that allows the growth and complexity of advanced atherosclerotic plaques. This review will examine the oxidants encountered by macrophages within an atherosclerotic plaque and describe some of the potential antioxidant mechanisms which enable macrophages to function within inflammatory lesions. Ascorbate, alpha-tocopherol, and glutathione appear to be central to the protection of macrophages yet additional antioxidant mechanisms appear to be involved. gamma-Interferon causes macrophages to generate 7,8dihydroneopterin/neopterin and 3-hydroxyanthranilic acid both of which have antioxidant properties. Manganese superoxide dismutase is also upregulated in macrophages. The evidence that these antioxidants provide further protection, so allowing the macrophage cells to survive within sites of chronic inflammation such as atherosclerotic plaques, will be described.

UV irradiance as a major influence on growth, development and secondary products of commercial importance in Lollo Rosso lettuce 'Revolution' grown under polyethylene films

The growth and production of anthocyanin, flavonoid and phenolic compounds were evaluated in Lollo Rosso lettuce 'Revolution' grown continuously under films varying in their ability to transmit LTV radiation (completely transparent to IN, transparent above 320, 350, 370 and 3 80 nm and completely opaque to LTV radiation). Plants were grown from seed under UV transparent and UV blocking films and destructively harvested 3-4 weeks after transplanting. Plants under a complete UV blocking film (UV400) produced up to 2.2 times more total above ground dry weight than plants under the UV transparent film. In contrast, anthocyanin content in plants under the UV blocking film was approximately eight times lower than in plants under a UV transparent film. Furthermore, there was a curvilinear relationship between the anthocyanin content and LTV wavelength cutoff such that above 370 run there was no further reduction in anthocyanin content. Fluorescence measurements indicated that photosynthetic performance index was 15% higher under the presence of UVB and UVA (UV280) than under the presence of UVA (UV320) and 53% higher than in the absence of UV radiation suggesting protection of the photosynthetic apparatus possibly by phenolic compounds. These findings are of particular importance as the potential of UV transmitting films to increase secondary compounds may offer the opportunity to produce plants commercially with increased health benefits compared to those grown under conventional films.

The influence of ribosome modulation factor on the survival of stationary-phase Escherichia coli during acid stress

Ribosome modulation factor (RMF) was shown to have an influence on the survival of Escherichia coli under acid stress during stationary phase, since the viability of cultures of a mutant strain lacking functional RMF decreased more rapidly than that of the parent strain at pH 3. Loss of ribosomes was observed in both strains when exposed to low pH, although this occurred at a higher rate in the RMF-deficient mutant strain, which also suffered from higher levels of rRNA degradation. It was concluded that the action of RMF in limiting the damage to rRNA contributed to the protection of E coli under acid stress. Expression of the rmf gene was lower during stationary phase after growth in acidified media compared to media containing no added acid, and the increased rmf expression associated with transition from exponential phase to stationary phase was much reduced in acidified media. It was demonstrated that RMF was not involved in the stationary-phase acid-tolerance response in E coli by which growth under acidic conditions confers protection against subsequent acid shock. This response was sufficient to overcome the increased vulnerability of the RMF-deficient mutant strain to acid stress at pH values between 6.5 and 5.5.

Assessment of the food control system in the State of Kuwait

National food control systems are a key element in the protection of consumers from unsafe foods and from other fraudulent practices. International guidance is available and provides a framework for enhancing national systems. However, it is recognized that before reaching decisions on the necessary improvements to a national system, an analysis is required of the current state of key elements in the present system. This paper provides such an analysis for the State of Kuwait. The fragmented nature of the food control system is described. Four key elements of the Kuwaiti system are analyzed: the legal framework, the administrative structures, the enforcement activity and the provision of education and training. It is noted that the country has a dependence on imported foods and that the present national food control system is largely based on an historic approach to food sampling at the point of import and is unsustainable. The paper recommends a more coordinated approach to food safety control in Kuwait with a significant increase in the use of risk analysis methods to target enforcement.