Compensation for Victims of Terrorist Actions: Israel as a Case Study

2004 ◽  
Vol 32 (3) ◽  
pp. 582-592
Author(s):  
Ruth Levush
Keyword(s):  
The State ◽  
Terrorist Attacks ◽  
Sovereign Immunity ◽  
Rehabilitation Treatment ◽  
State Compensation ◽  
The Right ◽  
State Of Israel

The State of Israel has been subjected to numerous terrorist attacks since its establishment in 1948. The issue of rehabilitation, treatment, and compensation of victims of terrorism has been extensively regulated by its law. Special state funds for compensation of victims of terrorism have been established. This brief will describe the management and distribution of state funds to such victims. In addition, the right of victims to collect damages from those responsible for terrorist attacks will be analyzed. Specifically, this brief will explore whether victims of terrorism in Israel, as a precondition for filing for state compensation, are required to waive their rights to sue those responsible for the attack, and whether the State is entitled to reimbursement for money paid to victims. In addition, the right of Israeli victims of terrorism to sue knowing or unknowing tortfeasors and to sue terrorist states or quasi states will be analyzed. Special attention will be made to the application of the doctrine of foreign sovereign immunity to states and bodies responsible for terrorist actions.

Teaching the Future of Technology in the History Classroom: A Case Study

2018 ◽  
Vol 10 (4) ◽  
pp. 253-262 ◽  
Author(s):  
David J. Staley
Keyword(s):  
Incomplete Information ◽  
The State ◽  
Historical Inquiry ◽  
Social Scientists ◽  
Traditional Methods ◽  
Research Seminar ◽  
Historical Method ◽  
The Future ◽  
The Right

This article will describe how historians can teach the future of technology. Historians need not alter their traditional methods of historical inquiry to teach the future, and indeed the history classroom is a natural site for foresight education. Historical inquiry begins with questions, and futuring similarly begins with asking the right questions. The historian seeks out evidence, and futurists as well identify drivers and blockers, considering how these drivers and blockers will interact with each other. In contrast to social scientists, historians work with imperfect or incomplete information, an apt description of the state of our evidence about the future. In a manner similar to historians, futurists interpret and draw inferences from evidence. After the research an analysis of the evidence is complete, the historian/futurist writes representations. This article will describe how I employed the historical method to teach the future of technology in a history research seminar, the results produced by the students, and ways that the study of the future can be situated in the history classroom.

Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Right To Health ◽  
The Philippines ◽  
The State ◽  
Policy Reforms ◽  
Physical And Mental Health ◽  
Content Type ◽  
The Right

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

The Meaning and Liberal Justifications of Israel's Law of Return

2009 ◽  
Vol 42 (3) ◽  
pp. 564-602
Author(s):  
Dan Ernst
Keyword(s):  
National Identity ◽  
The State ◽  
Reasonable Expectation ◽  
Jewish Immigration ◽  
The Status ◽  
The Law ◽  
The Right ◽  
Law Of Return ◽  
State Of Israel ◽  
Land Of Israel

The Article argues for a new assessment of the significance of Israel's Law of Return—that the Law of Return reflects not the sovereign prerogative of a state to control immigration, but the right of every Jew to settle in the Land of Israel. This understanding of the Law of Return explains why Section 4 proclaims that as far as the Law is concerned, the status of Jews born within the State of Israel is the same as those arriving to Israel from abroad. Resolving the anomaly of Section 4 dispels several misinterpretations of the Law of Return and the critiques of the Law which grow out of these misinterpretations. The Article also surveys and answers several liberal objections to Israel's policy of granting preference in immigration and naturalization based on ethno-national identity and presents an argument, for giving priority to Jewish immigration and naturalization based on the extra benefits (religious, political, and communal) that Jews receive from such immigration and naturalization. Finally, it is submitted that the State of Israel has an obligation of justice to admit Jews into the state as full citizens upon their demand, since this was a reasonable expectation of those in past generations who had contributed to the existence and maintenance of the state.

Health Care System Structure in the State of Israel

2019 ◽  
Vol 88 (1) ◽  
pp. 39-46
Author(s):  
Mohammad Yasser Sabbah
Keyword(s):  
Health Care ◽  
Medical Treatment ◽  
Health System ◽  
Health Care System ◽  
The State ◽  
The Public ◽  
The Right ◽  
To Receive ◽  
State Of Israel ◽  
Care System

The health care system in the State of Israel consists of two sectors - the public sector, which includes government-owned hospitals and medical institutes. The public health sector includes the community health system, health funds, family medicine, the general care system and the mental health care system. The second sector is the private sector, which includes private hospitals and medical institutes. Both sectors are supervised by the Israeli Ministry of Health, which is the supreme governmental authority through which it implements its policy in the entire health system in Israel. The law provides and guarantees medical insurance for every resident of Israel, the right to receive medical treatment, the prohibition of discrimination, informed consent to medical treatment, the right to receive an additional medical opinion, the dignity and privacy of the patient and the right to attend. Health funds in Israel were established before the State of Israel was established. The ideological concept of the health funds was based on the principle of equality and mutual assistance.

scholarly journals Spain Case Study: Covid-19 and Censorship during the State of Alarm

2021 ◽  
Author(s):  
LAURA CABALLERO TRENADO
Keyword(s):  
The State ◽  
Right To Information ◽  
The Right

This Paper analyzes the constitutional coverage of the Right to Information during the state of alarm in Spain

scholarly journals A CHRONICLE OF CALCUTTA JEWRY

2019 ◽  
Vol 5 (15) ◽  
pp. 1462-1469
Author(s):  
Sayan Lodh
Keyword(s):  
Middle East ◽  
Jewish Community ◽  
The State ◽  
The Holocaust ◽  
Relief Fund ◽  
Set Up ◽  
Partition Of India ◽  
The City ◽  
State Of Israel

Studies conducted into minorities like the Jews serves the purpose of sensitizing one about the existence of communities other than one’s own one, thereby promoting harmony and better understanding of other cultures. The Paper is titled ‘A Chronicle of Calcutta Jewry’. It lays stress on the beginning of the Jewish community in Calcutta with reference to the prominent Jewish families from the city. Most of the Jews in Calcutta were from the middle-east and came to be called as Baghdadi Jews. Initially they were influenced by Arabic culture, language and customs, but later they became Anglicized with English replacing Judeo-Arabic (Arabic written in Hebrew script) as their language. A few social evils residing among the Jews briefly discussed. Although, the Jews of our city never experienced direct consequences of the Holocaust, they contributed wholeheartedly to the Jewish Relief Fund that was set up by the Jewish Relief Association (JRA) to help the victims of the Shoah. The experience of a Jewish girl amidst the violence during the partition of India has been briefly touched upon. The reason for the exodus of Jews from Calcutta after Independence of India and the establishment of the State of Israel has also been discussed. The contribution of the Jews to the lifestyle of the city is described with case study on ‘Nahoums’, the famous Jewish bakery of the city. A brief discussion on an eminent Jew from Calcutta who distinguished himself in service to the nation – J.F.R. Jacob, popularly known as Jack by his fellow soldiers has been given. The amicable relations between the Jews and Muslims in Calcutta have also been briefly portrayed. The research concludes with the prospect of the Jews becoming a part of the City’s history, peacefully resting in their cemeteries. Keywords: Jews, Calcutta, India, Baghdadi, Holocaust

scholarly journals Liberalizm czy interwencjonizm? Recepta na kryzys

2018 ◽  
pp. 145-160
Author(s):  
Magdalena Kacperska
Keyword(s):  
Business Cycles ◽  
Supply And Demand ◽  
Living Organism ◽  
The State ◽  
Terrorist Attacks ◽  
Business Fluctuations ◽  
Cyclical Fluctuations ◽  
Extensive Range ◽  
Range Of Functions ◽  
The Right

The uneven nature of market economy development is particularly visible in the historical perspective. The paper underlines the most important theoretical aspects related to business cycles, the reasons for the emergence of crises, and the practical symptoms of the cyclical development of economies. It also briefly analyzes more significant business fluctuations (crises), their reasons, nature and consequences, as well as the changing responses of the state to such crises. Market imbalance is a result of the continuous game of supply and demand, prices and numerous other factors that determine the growth of national product. The analysis of cyclical fluctuations in business over the period of the last century shows that they are unavoidable, that a period of growth is always followed by that of a fall, and that the pace and size of the former frequently determine the depth of the latter. The paper attempts to evidence that each wave results either from appropriate activity or a limitation of activity of the governments concerned. Liberalism or interventionism? What is the right prescription for a crisis? This question can be answered when we review previous crises and the ways of solving them under concrete economic, historical and social conditions. It appears that at a time when states perform an extensive range of functions for their citizens, it is unavoidable to apply some form of interventionism in a majority of situations. Whereas liberal doctrine and practice decidedly prevail on an everyday basis, in exceptional moments, such as economic crises, natural disasters, terrorist attacks, or other events that threaten the feeling of security, society allows for, or actually demands that the governments take appropriate measures. It expects that the state will offer assistance, and if it is not the state, then maybe some other organization. An economy is a living organism and – as in the case of humans – it has to care for itself to prevent illness, as prevention is always better and easier than cure. Another question arises, though – who is supposed to care for an economy and how?

scholarly journals Ontological Security, Trauma and Violence, and the Protection of Women: Polygamy Among Minority Communities

2021 ◽  
Vol 12 ◽  
Author(s):  
Ayelet Harel-Shalev ◽  
Rebecca Kook
Keyword(s):  
State Level ◽  
The State ◽  
Minority Women ◽  
Complex Relationship ◽  
Ontological Security ◽  
Minority Communities ◽  
The Right ◽  
Women Violence ◽  
The Relationship

In this article, we examine the special challenges posed by the practice of polygamy to minority women, focusing on the ways that the state and the women confront the related experiences of violence and trauma associated with this practice. Based on analysis of both policy and interviews with women, we demonstrate the tension between the different mechanisms adopted by the state as opposed to those adopted by the women themselves. We suggest that the concept of ontological security is valuable for a deeper understanding of the range of state motivations in cases related to minority women, violence, and the right for protection. Our case study is the Bedouin community in Israel. We explore the relationship between individual and state-level conceptions of violence and trauma and the complex relationship between these two. We examine state discourses of ontological security through a gendered lens, as frameworks of belonging and mechanisms of exclusion.

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