The Role of the Judiciary and Its Relationship to the Convention on the Rights of Persons with Disabilities

Author(s):  
Lisa Waddington

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.

Author(s):  
Miriam Bak McKenna

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.


2004 ◽  
Vol 19 (1) ◽  
pp. 123-162 ◽  
Author(s):  
Sharon Rodrick

This article begins by outlining what the principle of open justice is intended to achieve. It then investigates the nature of the relationship that exists between the courts and the media, and between the media and the public, and suggests that these relationships are not always conducive to realising the aims of open justice. While the reporting role of the traditional news media will undoubtedly persist, at least for the foreseeable future, it is argued that, since courts now have the means to deliver to the public a fuller and truer picture of their work than the media can, they should seize the opportunity to do so.


Author(s):  
Robert Jago

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.


2020 ◽  
Vol 51 (4) ◽  
pp. 305-322 ◽  
Author(s):  
Andreas T Hirblinger ◽  
Dana M Landau

‘Inclusion’ has emerged as a prominent theme in peacemaking. However, its exact meaning remains vague, as do assumptions about the relationship between inclusion and peace. This article seeks to problematize the research, policy and practice of inclusion. Focusing on United Nations (UN) peacemaking, we ask how the object of inclusion has been framed, and based on what strategies and underlying rationales. We do so against the backdrop of emerging debates about an agonistic peace, which suggest that violent antagonistic relationships can be overcome if peace processes enable contestation between adversaries. This requires that peacemakers recognize the constitutive role of difference in political settlements. We identify three distinct strategies for inclusion, with corresponding framings of the included. Firstly, inclusion can be used to build a more legitimate peace; secondly, to empower and protect specific actor groups; and thirdly, to transform the sociopolitical structures that underlie conflict. The first strategy frames the included in open terms that can accommodate a heterogeneity of actors, the second in closed terms pertaining to specific identity traits, and the third in relational terms emerging within a specific social, cultural and political context. In practice, this leads to tensions in the operationalization of inclusion, which are evidence of an inchoate attempt to politicize peace processes. In response, we argue for an approach to relational inclusion that recognizes the power relations from which difference emerges; neither brushing over difference, nor essentializing single identity traits, but rather remaining flexible in navigating a larger web of relationships that require transformation.


Author(s):  
Jared Alan Gray ◽  
Thomas E. Ford

AbstractAn experiment supported our hypotheses about the relationship between the social context in which sexist humor is delivered and the adoption of a non-critical humor mindset to interpret it. First, a professional workplace setting implied a local norm that is more prohibitive of sexist jokes than the general societal norm, whereas a comedy club implied a local norm of greater approval of sexist jokes. Second, offensiveness ratings revealed that participants were less likely to adopt a non-critical humor mindset to interpret sexist jokes delivered in a professional workplace setting and more likely to do so in a comedy club setting, compared to a setting governed by only the general societal norm. Finally, meditational analyses revealed that participants used the local norm of acceptability of sexist jokes to determine whether they could interpret the jokes in a non-critical humor mindset.


Author(s):  
Anjana Saxena

The transition to digital is changing the music industry. As technology has advanced over recent years, the music industry has consequently undergone a drastic change in the way it operates. This industry-wide shift has its pros and its cons: On one hand, the internet serves as an incredible platform on which anyone can exhibit their talent and potentially build a fan base. On the other hand, the presence of millions of people attempting to do so make it more and more difficult for any one person to stand out, and the reality of file sharing and illegal downloading makes the financial aspect of music much more complex. Regardless of one`s opinion about the road that the music industry has traveled down, a music manager must be flexible enough to keep up with the changes that the industry undergoes. The meaning and role of a “manager” has changed drastically over the last decade as the traditional business model has given way to the “new” music business Traditionally a manager managed an artist’s efforts to get signed to a label and once signed, he/she managed the relationship between the artist and the label. But given the state of labels today the unsigned artist must assume that he/she will never be signed and build a career accordingly. A traditional manager is often unable and ill – equipped to successfully manage and develop an artist’s career in the new environment.


2021 ◽  
Vol 65 (1) ◽  
pp. 169-196
Author(s):  
Lech Górniak ◽  

The paper includes analysis of the results of field studies conducted among employees of 20 organizations (N=601). The analyses were aimed at determining the impact of organizational culture has on the relationships between the “soft” (psychological and social) factors that characterize them. In particular the impact of organizational culture was considered on the relationship between the antecedents and outcomes of organizational trust. The statistical method used was moderation analysis (Hayes, 2018). The studies were based on a questionnaire that included 13 scales as measures for the variables considered. The analyses provides two main conclusions. The first is for researchers dealing with the soft aspects of the organization’s functioning, especially those related to the role of trust in the organization. The second is addressed to practitioners and relates to the quality of knowledge on employee management. The conclusion for the researchers concerns the need to take into account the specificity of a given organization when describing organizational phenomena. This concerns the tacit factors that go beyond the standard characteristics (industry type, size of the organization, number of employees, etc.), in particular those aspects of the organizational culture related to organizational trust. The failure to do so may lead to inadequate advice for executives regarding the methods used to develop the organization’s potential. The conclusion for practitioners is the need to pay attention to how employees perceive the organizational culture of their company. The omission of this fact may adversely affect the strategy of building a climate of trust, which can lead to a decrease in teamwork quality and a reduction in the superior-subordinate relationship.


2013 ◽  
Vol 44 (1) ◽  
pp. 40-49 ◽  
Author(s):  
Joanna Kowalska ◽  
Justyna Winnicka

Abstract The purpose of this study was a diagnosis of the attitudes of students of Warsaw universities towards people with disabilities and the variables which impacted on these attitudes. Additionally, we examined the relationship between the need for social approval and explicit attitudes towards people with disabilities. The study focused on two components of attitudes: behavioural (measured by preferable social distance - SDSB) and cognitive (tested with a semantic differential scale - SDSO). 318 students completed a survey including a demographic sheet, a social desirability scale, the SDSB and SDSO. The results indicate that students expressed positive attitudes towards people with disabilities. The impact of such variables as gender, the type of disability and the need for social approval was registered and were differentiated in regard to components of attitudes. The results are discussed with reference to earlier research and cues for further studies are suggested.


2018 ◽  
Vol 29 (11) ◽  
pp. 1731-1741 ◽  
Author(s):  
Ruddy Faure ◽  
Francesca Righetti ◽  
Magdalena Seibel ◽  
Wilhelm Hofmann

Growing evidence suggests that the seeds of relationship decay can be detected via implicit partner evaluations even when explicit evaluations fail to do so. However, little is known about the concrete daily relational processes that explain why these gut feelings are such important determinants of relationships’ long-term outcomes. The present integrative multimethod research yielded a novel finding: that participants with more positive implicit partner evaluations exhibited more constructive nonverbal (but not verbal) behavior toward their partner in a videotaped dyadic interaction. In turn, this behavior was associated with greater satisfaction with the conversation and with the relationship in the following 8-day diary portion of the study. These findings represent a significant step forward in understanding the crucial role of automatic processes in romantic relationships. Together, they provide novel evidence that relationship success appears to be highly dependent on how people spontaneously behave in their relationship, which may be ultimately rooted in their implicit partner evaluations.


2020 ◽  
pp. 053331642094213
Author(s):  
Henry Luiker

This is the first of two articles examining the pervasiveness of religious, primitive and magical thinking in the culture of group analysis. I do so through the vehicle of the writings of Patrick de Maré. The article spells out what I believe to be the misunderstandings underlying de Maré’s rejection of causality, evidence and logical argument; calls into question the conventional view of de Maré’s writings as erudite but difficult; and examines the relationship between de Maré’s ideas and the way he takes up the role of large group conductor.


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