891 resultados para Scotland, Ireland, comparative constitutional development, human rights, independence


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In the past few years, human facial age estimation has drawn a lot of attention in the computer vision and pattern recognition communities because of its important applications in age-based image retrieval, security control and surveillance, biomet- rics, human-computer interaction (HCI) and social robotics. In connection with these investigations, estimating the age of a person from the numerical analysis of his/her face image is a relatively new topic. Also, in problems such as Image Classification the Deep Neural Networks have given the best results in some areas including age estimation. In this work we use three hand-crafted features as well as five deep features that can be obtained from pre-trained deep convolutional neural networks. We do a comparative study of the obtained age estimation results with these features.

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The present article investigates the linkages between conserving cultural heritage, maintaining cultural diversity and enforcing human rights. While there seems to be a growing awareness of these linkages in international heritage and human rights circles, they remain poorly understood by many heritage practitioners who see their conservation work merely as a technical matter. The article argues that it is essential for practitioners engaged in heritage conservation projects to understand the broader economic, political and social context of their work. However, heritage scholars and teachers, too, need to recognise that there can be many motives behind official heritage interventions, that such action is sometimes taken primarily to achieve political goals, and that it can undermine rather than strengthen community identity, cultural diversity and human rights. Such a reorientation is an extension of the paradigm shift in which heritage is understood as cultural practice. In this more critical heritage studies discipline human rights are brought to the foreground as the most significant part of the international heritage of humanity.

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In 2010, two Australians, convicted in childhood of rape and murder, lodged a joint submission with the United Nations Human Rights Committee, claiming that successive changes to sentencing legislation in New South Wales breached their human rights by denying them any meaningful prospect of release. In this article, we examine the political, legislative and procedural moves that have resulted in Australian children being sentenced to life without parole or release. We argue that successive legislative changes in various Australian jurisdictions have resulted in a framework for sentencing decisions that is considerably out of step with international legal standards for criminal justice. These increasingly punitive legislative changes exacerbate Australia’s already declining record of cooperation with UN processes, and reveal Australia’s reluctance to respect the legitimacy and authority of international law. Against this troubling context, the views of the Human Rights Committee serve as a much-needed reminder about the importance of a principled approach to child sentencing that forecloses neither the goal of rehabilitation nor the prospect of release and reintegration.

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The law can be a systemically induced decision point for offenders and can act to help or hinder desistance. Desistance can be described as a change process that may be initiated by decisive momentum, supported by intervention, and maintained through re-entry, culminating in a citizen with full rights and responsibilities. Desistance within courts, corrections, and beyond is maximized by applying the law in a therapeutic manner. In common, desistance, therapeutic jurisprudence, and human rights support offender autonomy and well-being. The intersections between the three models have been explored to propose a normative framework that provides principles and offers strategies to address therapeutic legal rules, legal procedures, and the role of psycholegal actors and offenders in initiating, supporting, and maintaining desistance.

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Australia has had a long, and at times tumultuous, relationship with our nearest neighbour, Papua New Guinea. This relationship took a twist in late 2012, with the re-opening of the off-shore processing centre on Manus Island, and again in February 2014, when Iranian asylum seeker Reza Berati was murdered by locals during a violent disturbance at the centre. The latest test of the strength and endurance of the relationship between PNG and Australia came in April 2016, when the PNG Supreme Court ruled that the detention of asylum seekers on Manus Island breached the right to personal liberty in the PNG constitution. This article provides much-needed insight into the human rights situation in PNG, and makes recommendations regarding the prospect of resettling refugees in that country.

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All asylum seekers who arrive in Australia’s territorial waters by boat are subject to mandatory, indefinite and unreviewable detention on Nauru and Papua New Guinea. This offshore detention regime is characterised by a high degree of secrecy, low levels of transparency and accountability, and few opportunities for external oversight. This has created a closed, controlled environment, in which people are routinely neglected and harmed. To better understand the human impact of Australia’s offshore detention regime, this article draws on research from social psychology regarding human behaviour in closed institutions. This research – which has substantially informed prison policies throughout the Western world – demonstrates the critical importance of external oversight, openness and transparency for the protection of human rights of people in closed institutions. This knowledge has not been applied to Australia’s offshore immigration detention regime. To the contrary: creating a closed, opaque system of detention has been an explicit policy goal of the Australian government. By actively restricting transparency, this research demonstrates that not only are the abuses of detainees’ human rights hidden from the public eye, they are inevitable.

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The question that I will explore in this research dissertation is whether one can defend the rights of homeland minorities as a progressive extension of the existing norms of human rights. This question calls for several deeper inquiries about the nature, the function and the underlying justifications for both human rights and minority rights. In particular, this research project will examine the following issues: on what normative grounds the available norms of human rights and minority rights are justified; if there is any methodic way to use the normative logic of human rights to support substantial forms of minority claims, such as the right to self-determination; whether human rights can take the form of group rights; and finally, whether there is any non-sectarian basis for justifying the minority norms, which can be acceptable from both liberal and non-liberal perspectives. This research project has some implications for both theories of minority rights and human rights. On the one hand, the research employs the topic of minority rights to shed light on deficiencies of the existing political theories of human rights. On the other hand, it uses the political theory to shed light on how existing theories of minority rights could be improved and amended. The inquiry will ultimately clarify how to judge the merit of the claim that minority rights are or should be a part of human rights norms.

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A number of laws in Canada which uphold rights are referred to as quasi-constitutional by the courts in recognition of their special importance. Quasi-constitutional statutes are enacted through the regular legislative process, although they are being interpreted and applied in a fashion which has become remarkably similar to constitutional law, and are therefore having an important affect over other legislation. Quasi-constitutionality has surprisingly received limited scholarly attention, and very few serious attempts at explaining its significance have been made. This dissertation undertakes a comprehensive study of quasi-constitutionality which considers its theoretical basis, its interpretation and legal significance, as well as its similarities to comparable forms of law in other Commonwealth jurisdictions. Part I examines the theoretical basis of quasi-constitutionality and its relationship to the Constitution. As a statutory and common law form of fundamental law, quasi-constitutionality is shown to signify an association with the Canadian Constitution and the foundational principles that underpin it. Part II proceeds to consider the special rules of interpretation applied to quasi-constitutional legislation, the basis of this interpretative approach, and the connection between the interpretation of similar provisions in quasi-constitutional legislation and the Constitution. As a statutory form of fundamental law, quasi-constitutional legislation is given a broad, liberal and purposive interpretation which significantly expands the rights which they protect. The theoretical basis of this approach is found in both the fundamental nature of the rights upheld by quasi-constitutional legislation as well as legislative intent. Part III explores how quasi-constitutional statutes affect the interpretation of regular legislation and how they are used for the purposes of judicial review. Quasi-constitutional legislation has a significant influence over regular statutes in the interpretative exercise, which in some instances results in conflicting statutes being declared inoperable. The basis of this form of judicial review is demonstrated to be rooted in statutory interpretation, and as such it provides an interesting model of rights protection and judicial review that is not conflated to constitutional and judicial supremacy.

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One of the most important events which characterizes the process of transitioning to the European Union is the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms by the European Council in 1950. Since then, the topic of human rights has become the inspiring principle in the construction of the European Community and afterwards the institutional apparatus which constitutes the Union. The primary objective of the European Union States currently is to promote a harmonization of the national legislations on mental health, favoring a central health policy which reduces inequalities amongst the member States. For this reason Europe is a region of the world in which is more abundant the normative one about mental health, especially in form of Recommendations directed to the States by the Council of Europe, although norms of direct application also exist. Special interest has the sentences dictated by the European Court of Human Rights and the conclusions of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. It should be mentioned the work of European Union equally and of the Office for Europe of the World Organization of the Health. This group of juridical instruments configures the most complete regulation on the mental patient's rights.

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This book focuses on the balance between protecting human rights and protecting world heritage sites. It concerns itself with the idea that the management of heritage properties worldwide may fail to adequately respect traditional entitlements and rights of individuals and communities living within or being affected by changes in the use of these spaces. It also explores the concept that the international heritage field has limited knowledge and awareness of this challenge.

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A NSW court last week dismissed Kevin Crump’s latest appeal against his natural life sentence. Crump, who has served nearly 42 years in prison for murder, has been formally denied any prospect of a meaningful life outside prison walls.

The decision provides a timely opportunity to reconsider the viability of terms of life without parole. It further entrenches the use of terms of life without parole in Australia despite moves overseas to restrict – and in some cases eradicate – them.