The Rights of Noncitizens in the Territory

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Social Ties ◽  
Legal Rights ◽  
Fair Play ◽  
Moral Claim ◽  
Permanent Residence ◽  
The Social ◽  
The Right

Chapter 10 considers what is owed to noncitizens already present in the territory of democratic countries. It focuses on three groups of noncitizens: those admitted on a temporary basis, those who have been granted permanent residence, and those who have overstayed their temporary visas or entered the territory without authorization. What legal rights are these different groups of noncitizens morally entitled to? How should their claims be weighed against the right of states to control immigration? The chapter argues that the longer one lives in the territory, the stronger one’s moral claim to a more extensive set of rights, including the right to remain. The time spent living in a place serves as a proxy for the social ties migrants have developed (social membership principle) and for their contributions to collective life (fair-play principle).

Gender and Anti-Discrimination Laws in India

2018 ◽  
pp. 104-126
Author(s):  
Vidhu Verma
Keyword(s):  
Gender Discrimination ◽  
Legal Rights ◽  
Equal Rights ◽  
Power Structures ◽  
Social Fabric ◽  
Working Environments ◽  
The Social ◽  
History Of ◽  
The Right ◽  
A Site

The Constitution of India guarantees not only formal equality but also promises that entrenched power structures will gradually dissolve. However, forms of discrimination faced by women are not just a feature of our social fabric but are supported by the ambiguities of the legal-juridical framework that reinforce unjust gender norms. The persistence of gender discrimination as it exists in the wider societal sphere is expressed by the unevenness that marks women’s access to the legal system. The chapter reviews the contestations, the changing categories, and terms of feminist analysis in law. It turns to address the problem of equal rights in understanding the protection against vulnerability, and various forms the loss of liberty takes in different contexts of marginality about gender discrimination. In what follows, I begin by presenting some methodological concerns. Then I discuss the Indian jurisprudence on sexual harassment and assault. I then focus briefly on the right to temple entry and ‘honour’ crimes in recent years and the legal responses to them. In the last section, I address three strong challenges to my account of gender discrimination. My main argument is that the doctrinal history of harassment and rape in the Indian context points to the power and limitations of legal rights as a strategy for social change. Establishing a basis for legal liability can reshape consciousness about working environments, but this has not deterred those who harass, from using less formal means of attacking women rights. For legal feminists, the law remains a site of discursive struggle where dominant meanings come to inform not only juridical categories but also the social world that define our concepts and practices. The dilemma of preserving difference in law and yet not having disadvantageous effects to unequal parties remain.

scholarly journals Reflections about abortion limitation

2021 ◽  
Vol 26 (suppl 2) ◽  
pp. 3787-3790
Author(s):  
Andrea Cioffi ◽  
Fernanda Cioffi ◽  
Raffaella Rinaldi
Keyword(s):  
Human Life ◽  
Right To Health ◽  
Fundamental Rights ◽  
Self Determination ◽  
Legal Rights ◽  
American States ◽  
The Social ◽  
Definition Of ◽  
The Right ◽  
Clear Solution

Abstract The debate on abortion has not yet found a clear solution. In fact, there is still discussion about what the limits of this procedure should be. This uncertainty is related to the lack of a clear definition of human life: when can the product of conception be defined as a human being with full medical-legal rights? Based on the answer to this question, the various world governments have drafted more or less restrictive laws regulating abortion. Since May 2019, some American states have considerably restricted the possibility of carrying out abortion on their territory. Alabama has practically banned abortion in any circumstance (including incest and rape). Obviously, these restrictive policies have had a significant impact on the social, bioethical and legal debate, concerning abortion, globally. This paper analyses the implications of these policies with a focus on women’s fundamental rights: the right to health and the right to self-determination.

The Right to Privacy

2000 ◽  
Vol 17 (2) ◽  
pp. 25-44 ◽  
Author(s):  
Lloyd L. Weinreb
Keyword(s):  
The United States ◽  
Legal Rights ◽  
Moral Claim ◽  
Constitutional Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Positive Law ◽  
Constitutional Right ◽  
The Right ◽  
The U.S

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right.

Nazistowski mord na Żydach w prasie polskich komunistów (1942–1944).

2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich
Keyword(s):  
Shared Responsibility ◽  
The Political ◽  
Right Wing ◽  
Social Democrats ◽  
The Social ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Right ◽  
Political Right

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover

Ukrainian migrant women’s social remittances: Contents and effects on families left behind

2013 ◽  
Vol 10 (1) ◽  
pp. 91-100 ◽  
Author(s):  
Francesca Alice Vianello
Keyword(s):  
Social Impact ◽  
Economic Education ◽  
Cultural Resources ◽  
Migrant Women ◽  
Social Remittances ◽  
Left Behind ◽  
Ethnographic Studies ◽  
Intergenerational Conflicts ◽  
The Social ◽  
The Right

This article examines different forms of Ukrainian migrant women’s social remittances, articulating some results of two ethnographic studies: one focused on the migration of Ukrainian women to Italy, and the other on the social impact of emigration in Ukraine. First, the paper illustrates the patterns of monetary remittance management, which will be defined as a specific form of social remittance, since they are practices shaped by systems of norms challenged by migration. In the second part, the article moves on to discuss other types of social remittances transferred by migrant women to their families left behind: the right of self-care and self-realisation; the recognition of alternative and more women-friendly life-course patterns; consumption styles and ideas on economic education. Therefore, I will explore the contents of social remittances, but also the gender and intergenerational conflicts that characterise these flows of cultural resources. 

Analytical Study of Violence Theme in Victoria Schwab’s This Savage Song

2019 ◽  
Keyword(s):  
Analytical Study ◽  
Research Paper ◽  
The Novel ◽  
Vicious Cycle ◽  
Aggressive Approach ◽  
Research Article ◽  
The People ◽  
The Social ◽  
Different Dimensions ◽  
The Right

This research article focuses on the theme of violence and its representation by the characters of the novel “This Savage Song” by Victoria Schwab. How violence is transmitted through genes to next generations and to what extent socio- psycho factors are involved in it, has also been discussed. Similarly, in what manner violent events and deeds by the parents affect the psychology of children and how it inculcates aggressive behaviour in their minds has been studied. What role is played by the parents in grooming the personality of children and ultimately their decisions to choose the right or wrong way has been argued. In the light of the theory of Judith Harris, this research paper highlights all the phenomena involved: How the social hierarchy controls the behaviour. In addition, the aggressive approach of the people in their lives has been analyzed in the light of the study of second theorist Thomas W Blume. As the novel is a unique representation of supernatural characters, the monsters, which are the products of some cruel deeds, this research paper brings out different dimensions of human sufferings with respect to these supernatural beings. Moreover, the researcher also discusses that, in what manner the curse of violence creates an inevitable vicious cycle of cruel monsters that makes the life of the characters turbulent and miserable.

Main Forms of Propagandistic Activities of the Right-Wing Parties (1904–1914)

2020 ◽  
Vol 102 ◽  
pp. 656-676
Author(s):  
Igor V. Omeliyanchuk
Keyword(s):  
20Th Century ◽  
Social Groups ◽  
Right Wing ◽  
Periodical Press ◽  
Political Movement ◽  
The People ◽  
The Social ◽  
The Right ◽  
In The Beginning ◽  
The 19Th Century

The article examines the main forms and methods of agitation and propagandistic activities of monarchic parties in Russia in the beginning of the 20th century. Among them the author singles out such ones as periodical press, publication of books, brochures and flyers, organization of manifestations, religious processions, public prayers and funeral services, sending deputations to the monarch, organization of public lectures and readings for the people, as well as various philanthropic events. Using various forms of propagandistic activities the monarchists aspired to embrace all social groups and classes of the population in order to organize all-class and all-estate political movement in support of the autocracy. While they gained certain success in promoting their ideology, the Rights, nevertheless, lost to their adversaries from the radical opposition camp, as the monarchists constrained by their conservative ideology, could not promise immediate social and political changes to the population, and that fact was excessively used by their opponents. Moreover, the ideological paradigm of the Right camp expressed in the “Orthodoxy, Autocracy, Nationality” formula no longer agreed with the social and economic realities of Russia due to modernization processes that were underway in the country from the middle of the 19th century.

Some Comments on the Highest Attainable Standard of Health

2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov
Keyword(s):  
Health Resources ◽  
Right To Health ◽  
International Standards ◽  
Special Rapporteur ◽  
Health It ◽  
Significant Development ◽  
Cultural Rights ◽  
Optional Protocol ◽  
The Social ◽  
The Right

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.

PROBLEM ASPECTS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURAL NORMS OF PROTECTION OF THE VICTIMS FROM CRIME

2020 ◽  
pp. 72-76
Author(s):  
Яна Валерьевна Самиулина
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
To Receive ◽  
Selection Of

В настоящей статье предпринята попытка исследовать отдельные проблемные аспекты института потерпевшего в российском уголовном процессе. В этих целях подвергнуты анализу правовые нормы, регламентирующие его процессуальный статус. Раскрываются отдельные пробелы уголовно-процессуального законодательства в сфере защиты законных прав и интересов потерпевшего. Автор акцентирует внимание на том, что совершенствование уголовно-процессуального законодательства в части расширения правомочий потерпевшего по отстаиванию своих нарушенных преступлением прав следует продолжить. На основании проведенного исследования действующего законодательства в части регламентации прав потерпевшего от преступления предлагается расширить перечень получаемых им копий постановлений, указанных в п. 13 ч. 2 ст. 42 УПК РФ. Автор предлагает включить в перечень указанной законодательной нормы право получения потерпевшим копии постановления об избрании конкретного вида меры пресечения, избранного в отношении подозреваемого (обвиняемого). Для создания действенного механизма защиты интересов потерпевших от преступления юридических лиц предлагаем ч. 9 ст. 42 УПК РФ изложить в следующей редакции: «в случае признания потерпевшим юридического лица его процессуальное право в уголовном процессе осуществляет представляющий его профессиональный адвокат». This article attempts to investigate certain problematic aspects of the institution of the victim in the Russian criminal process. For this purpose, analyzed the individual norms governing his procedural status. Separate gaps of the criminal procedure legislation in the sphere of protection of the legal rights and interests of the victim are disclosed. The author emphasizes that the improvement of the criminal procedure legislation in terms of the extension of the victim’s authority to defend his rights violated by the crime should be continued. On the basis of the study of the current legislation regarding the regulation of the rights of the victim of a crime, it is proposed to expand the list of decisions received by him, referred to in paragraph 13, part 2 of article 42 Code of Criminal Procedure. The author proposes to include in the list of the indicated legislative norm the right to receive the victim a copy of the decision on the selection of a specific type of preventive measure, selected in relation to the suspect (accused). To create an effective mechanism for protecting the interests of legal entities victims of a crime, we offer part 9 of art. 42 of the Code of Criminal Procedure of the Russian Federation shall be reworded as follows: «if a legal entity is recognized as a victim, his procedural right in criminal proceedings is exercised by the professional lawyer representing him».

Conclusion

2018 ◽  
Author(s):  
Janet O'Shea
Keyword(s):  
Public Health ◽  
Public Health Problem ◽  
Fair Play ◽  
Competitive Sports ◽  
Right Wing ◽  
Political Implications ◽  
The Social ◽  
Physical Play ◽  
The World ◽  
Right Wing Populism

This section contends with a central irony: Americans are among the most competitive people in the world, and yet we are among the least likely to play competitive sports in adulthood. This exercise gap is usually treated as a public health problem; the goal of this section is to treat it as a social and cultural concern. The conclusion therefore investigates the social and political implications of an American tendency to outsource physical play to experts: higher levels of fear, increased preoccupation with success at all costs, decreased creativity, and increasing rigidity of perspective and position. Specifically, the conclusion maintains that a neglect of fair play has dire consequences for democracy, a suggestion born out by the recent swing toward right-wing populism in politics.

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