Substantive Equality Prostitution Law, 1999–2019

2021 ◽  
pp. 334-370
Author(s):  
Max Waltman
Keyword(s):  
Civil Rights ◽  
Sex Trafficking ◽  
Public Support ◽  
Case Law ◽  
Sex Industry ◽  
Judicial Interpretation ◽  
Substantive Equality ◽  
Civil Remedies ◽  
Attitudinal Changes ◽  
The Impact

The chapter analyzes the impact of Sweden’s substantive equality prostitution law (a.k.a. Nordic Model) as a means of exploring potential challenges to pornography production. Comparisons of prostitution prevalence in Scandinavia, evidence of sex trafficking, sex purchasing, and attitudinal changes in the population are assessed. The law’s reduction of violence and increases in safety in prostitution are documented, along with evidence illustrating the importance of specialized exit programs. Critics, unwarranted skepticism, and symptomatic misinformation from academic sex industry apologists are addressed. Case law, rarely discussed outside Sweden, is critically reviewed, including early precedents that obstructed higher criminal penalties and civil remedies (e.g., damages and public support for prostitution exit). A civil rights amendment is proposed, which could be adopted via judicial interpretation or legislative means. The chapter concludes that comparatively seen, Sweden reduced prostitution extensively while making it safer. Similar effects are hypothesized to hold if the law applied to pornographers.

The Turning Point

2019 ◽  
pp. 301-352
Author(s):  
Steven K. Green
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Vatican Ii ◽  
Common Ground ◽  
Public Support ◽  
The Public ◽  
Education Legislation ◽  
The Supreme Court ◽  
The 1960S ◽  
The Impact

This chapter examines the various events that undermined the public support for church–state separation in the 1960s. It considers the impact of Vatican II, of ecumenism, of the civil rights movement, and of federal social welfare and education legislation on Protestant attitudes. All of these events encouraged Protestants and Catholics to find common ground in working for the greater societal good. These events also suggested a model of church-state cooperation rather than one of separation. The chapter then segues to consider the various church–state cases before the Supreme Court between 1968 and 1975 in which the justices began to step back from applying a strict separationist approach to church–state controversies.

Individualism and Equality: Critical Values in North American Culture and the Impact on Disability

1991 ◽  
Vol 22 (4) ◽  
pp. 19-23 ◽  
Author(s):  
Carol A. Fowler ◽  
John S. Wadsworth
Keyword(s):  
Civil Rights ◽  
Americans With Disabilities Act ◽  
American Culture ◽  
Critical Values ◽  
Persons With Disabilities ◽  
Rehabilitation Professionals ◽  
Full Participation ◽  
Attitudinal Changes ◽  
The Impact

Culturally shaped attitudes towards persons with disabilities pose significant barriers to full participation in employment. Even with the enactment of the Americans with Disabilities Act of 1990, implementation of the law will occur within the culturally defined stereotypes and assumptions which exist within society. A significant task for rehabilitation professionals will be the inclusion of positive perceptions of persons with disabilities into the conceptual ideology of individualism and equality.. This paper reviews the cultural difficulties of implementing civil rights legislation and addresses the role of rehabilitation professionals in promoting attitudinal changes in society.

Referendum konstytucyjne we Włoszech. Jak głosowanie ludowe wpływa na system polityczny państwa?

2017 ◽  
pp. 110-127 ◽  
Author(s):  
Elżbieta Kużelewska
Keyword(s):  
Political System ◽  
Public Support ◽  
The Political ◽  
The Government ◽  
The Impact

This article analyses the impact of constitutional referendums on the political system in Italy. There were three constitutional referendums conducted in 2001, 2006 and 2016. All of them have been organised by the ruling parties, however, only the first one was successful. In the subsequent referendums, the proposals for amending the constitution have been rejected by voters. The article finds that lack of public support for the government resulted in voting „no” in the referendum.

The Interaction of Judicial and Legislative Policymaking

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
Mutual Recognition ◽  
Case Law ◽  
Legislative Process ◽  
European Legislation ◽  
Eu Legislation ◽  
Political Preferences ◽  
General Rules ◽  
Judicial Policymaking ◽  
The Impact ◽  
The Eu

Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.

scholarly journals Social values and public procurement in health: can ‘smart’ procurement enhance justice in health?

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
V Mezeiova
Keyword(s):  
Case Law ◽  
Social Aspect ◽  
Health It ◽  
Health Governance ◽  
Ethics And Economics ◽  
Economics Of Health ◽  
Effectiveness And Efficiency ◽  
Health Justice ◽  
The Impact ◽  
The Eu

Abstract Governments spend 29% of total expenditure on procurement while the second largest area is health. However, the important question is what the impact of these expenditures on health is. Can one buy health justice through procurement? In order to answer this issue, the study firstly analyses theory of global health governance to substantiate whether procurement is a health governance tool whose efficiency and effectiveness determines health outcomes. Secondly, health as a social aspect is scrutinised because its governance and procurement have to be driven by a normative value. Within the study, health justice is justified to be such a value as it is a significant public health factor in practice. Following this normative claim, the study uses analysis of legislation, case law and examples from procurement practice to show whether procurement law can enhance health justice. In terms of methodology, the study establishes a normative framework of governance in health, health justice and procurement. On that basis, it distinguishes procurement categories (procurement of health, and procurement for health) and concludes what it is in procurement that health justice is transformed into. In order to answer the core research question, the study analyses harmonised transnational EU legislation, policy, case law of the CJEU, and examples from practice through stages of supply framework - at input, output and outcome. The study leads to a conclusion that procurement serves as a tool of governance in health. In order to reach effectiveness and efficiency of procurement in health, it is submitted that procurement needs to reflect on the argument of ethics and economics of health. Health inequalities are an operationalized factor to reach this. The EU procurement law enables to consider health justice. However, it is restricted by the requirement of proportionality. Therefore, health justice is perceived as distortion, rather than a goal of competition to be enhanced. Key messages In order to reach effectiveness and efficiency of procurement in health, it is submitted that procurement needs to reflect on argument of ethics and economics of health. The EU procurement law enables to consider health justice. However, it is rather perceived as distortion, than a goal of competition to be enhanced.

Anticompetitive Effects in EU Competition Law

2020 ◽  
Author(s):  
Pablo Ibáñez Colomo
Keyword(s):  
Competition Law ◽  
Case Law ◽  
Time Variable ◽  
Court Of Justice ◽  
Open Questions ◽  
Eu Competition Law ◽  
Competitive Disadvantage ◽  
Probability Threshold ◽  
The Impact ◽  
Freedom Of Action

Abstract This article examines the meaning and scope of the notion of anticompetitive effects in EU competition law. It does so by bringing together several strands of the case law (and this across all provisions, namely Articles 101 and 102 TFEU and merger control). The analysis is structured around a framework that considers the main variables that shape the notion in practice: the time variable (actual or potential effects); the dimensions of competition and the counterfactual; the meaning of effects and the probability threshold (plausibility, likelihood, certainty). The exercise shows that it is possible to discern a concrete meaning to the notion of anticompetitive effects. Some central questions, including the role and operation of the counterfactual and the threshold of effects, have already been answered by the Court of Justice. In particular, it has long been clear that anticompetitive effects amount to more than a mere competitive disadvantage and/or a limitation of a firm’s freedom of action. The impact on equally efficient firms’ ability and/or incentive to compete would need to be established. At the same time, some open questions and some potential areas of friction (relating, inter alia, to stakeholders’ tendency to conflate appreciability and effects) remain. These are also discussed.

The concept of human dignity in the case-law of the Supreme Court of Canada on Charter Equality Rights

2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Supreme Court ◽  
Human Dignity ◽  
Case Law ◽  
Supreme Court Of Canada ◽  
Equality Rights ◽  
The Supreme Court ◽  
Additional Burden ◽  
The Impact

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.

“The Magna Carta to Liberate Our Cities”

2021 ◽  
Vol 90 (3) ◽  
pp. 377-398
Author(s):  
Casey D. Nichols
Keyword(s):  
Los Angeles ◽  
Civil Rights ◽  
Mexican American ◽  
Chicano Movement ◽  
Government Officials ◽  
Model Cities ◽  
Lyndon Johnson ◽  
Local Residents ◽  
The Impact ◽  
The U.S

Starting in 1964, the U.S. federal government under President Lyndon Johnson passed an ambitious reform program that included social security, urban renewal, anti-poverty initiatives, and civil rights legislation. In cities like Los Angeles, these reforms fueled urban revitalization efforts in communities affected by economic decline. These reforms closed the gap between local residents and government officials in California and even subsequently brought the city’s African American and Mexican American population into greater political proximity. Looking closely at the impact of the Chicano Movement on the Model Cities Program, a federal initiative designed specifically for urban development and renewal, this article brings the role of U.S. government policy in shaping social justice priorities in Los Angeles, and the U.S. Southwest more broadly, into sharper view.

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