Personal Autonomy as Institutional Form – Focus on Europe Against the Background of Article 27 of the ICCPR

2008 ◽  
Vol 15 (2-3) ◽  
pp. 157-178 ◽  
Author(s):  
Markku Suksi
Keyword(s):  
Personal Autonomy ◽  
Organizational Form ◽  
Private Law ◽  
Institutional Form ◽  
Top Down ◽  
Bottom Up ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Creation ◽  
Membership Associations

AbstractFor an attempt to establish an institutional content for personal autonomy, it is submitted that the reference to ‘community’ in Article 27 of the CCPR implies a certain form of organization. Persons who belong to minorities shall have the complete freedom to organize themselves in associations of various kinds in order to pursue common aims. The notion of ‘association’ includes, on the top of regular membership associations, a broader spectrum of private law entities, but the main point is that there shall be a freedom for a minority in the creation of non-governmental organizations, leading to personal autonomy as an organizational form. It is hence not necessarily so that all forms of autonomy are created on the basis of special legislation, endowing the autonomous character for the minority institution from top-down. A bottom-up creation of minority institutions can actually involve a right to personal autonomy.

scholarly journals ARUS TOP-DOWN DAN BOTTOM-UP PADA GERAKAN DIALOG ANTAR AGAMA DI INDONESIA

2021 ◽  
Vol 1 (2) ◽  
pp. 159
Author(s):  
Muhammad Muhammad ◽  
Nurlaila Nurlaila
Keyword(s):  
Social Movement ◽  
The State ◽  
Interfaith Dialogue ◽  
Social Movement Theory ◽  
Academic Institutions ◽  
Top Down ◽  
Bottom Up ◽  
Movement Theory ◽  
Governmental Organizations ◽  
Non Governmental Organizations

The interfaith dialogue movement in the top-down current as described above, namely the movement originating from the state, was welcomed by various communities in Indonesia as a bottom-up current, namely the interfaith dialogue movement originating from the people. At least in this bottom-up flow, there are two communities, namely dialogue developed in academic institutions, and dialogue conducted or facilitated by civil society institutions, such as NGOs (Non-Governmental Organizations), both focusing on dialogue and raising issues. -Other issues related to dialogue. In this research, the researcher focuses only on two groups, namely the state (top-down current) and academic institutions (bottom-up current) trying to examine religious movements in the realm of inter-religious dialogue using social movement theory. There are three key concepts in social movement theory which usually play a very important role in determining the success of collective action. The three concepts include (1) political opportunity structure, (2) mobilizing structures, and (3) framing of action.

Licensing and the Creation of Product Innovations: The Role of Bottom Up and Top Down Attention

2016 ◽  
Vol 2016 (1) ◽  
pp. 15922
Author(s):  
Thomas Klueter ◽  
Felipe Monteiro ◽  
Denise R. Dunlap
Keyword(s):  
Top Down ◽  
Bottom Up ◽  
Product Innovations ◽  
The Creation

scholarly journals Education for Resilience: How a Combination of Systemic and Bottom-Up Changes in Educational Services Can Empower Dryland Communities in Africa and Central Asia

2020 ◽  
pp. 002190962096017
Author(s):  
Bert van Pinxteren ◽  
Mirza Emirhafizović ◽  
Inga Dailidienė ◽  
Aleksandra Figurek ◽  
Rareş Hălbac-Cotoară-Zamfir ◽  
...  
Keyword(s):  
Educational Services ◽  
Educational Systems ◽  
Policy Recommendations ◽  
Language Of Instruction ◽  
Bottom Up ◽  
C Language ◽  
Existing Problems ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Face

We examined existing problems relevant for education in global drylands and discuss their potential solutions in four fields, crucial for properly functioning educational systems: (a) response to low population densities, (b) governance, (c) language of instruction and (d) mismatch between education and the labour market. Our analysis leads us to the formulation of nine policy recommendations that may help create an educational system that strengthens resilience of dryland communities in the face of ongoing climate change. Our recommendations underline the necessity to combine systemic solutions with bottom-up ideas and extrinsic help coming from involvement of diaspora and non-governmental organizations.

The Proportionality Puzzle in Contract Law: A Challenge for Private Law Theory?

2020 ◽  
Vol 33 (1) ◽  
pp. 215-244
Author(s):  
Zhong Xing Tan
Keyword(s):  
Common Law ◽  
Contract Law ◽  
Public Law ◽  
Private Law ◽  
Top Down ◽  
Bottom Up ◽  
Internal Logic ◽  
Pragmatic Justification ◽  
Internal Rationality

This article explores the emerging use of the proportionality concept in the contract law of the Anglo-common law world, first to understand its internal logic, and secondly, to situate its invocation within private law theory. What are judges doing when they appeal to “proportionality”?, and what does this say about the ideology of adjudication? I draw insights from the use of proportionality in other domains, in particular public law, to uncover its internal rationality as a means-ends rationality review coupled with a process of balancing competing considerations, which I illustrate with reference to the illegality, penalty, and cost of cure doctrines. I argue that proportionality reflects a method of pragmatic justification, expressing an aspiration towards a structured and transparent mode of argumentation that is anti-formal and anti-ideological, focusing from the bottom-up on contextual considerations, and occupying a distinct space against existing theories in private law driven, for instance, by “top-down”? rights-based ideologies or critical and communitarian perspectives.

Getting the Ecostructure of Government Right

2016 ◽  
Author(s):  
David Colander ◽  
Roland Kupers
Keyword(s):  
Top Down ◽  
Bottom Up ◽  
Government Institutions ◽  
Governmental Policy ◽  
The Creation

In the complexity frame, governmental policy is best thought of as operating in ecostructure space where institutions are designed. Its goal is to foster the creation of an ecostructure space that encourages creativity and bottom-up initiatives that create the institutions within which incentives are created and goals are formalized. The goal in the complexity frame is not to foster any specific ecostructure, but to let the ecostructure emerge, adapt, and evolve, and that includes changing government itself. This chapter discusses alternative forms of government, and how if one is going to use top-down policies, the structure of government institutions might be changed to better achieve the desired results.

Time (The Khmer Institute of Democracy)

2018 ◽  
Author(s):  
Alexander Laban Hinton
Keyword(s):  
Social Development ◽  
Lived Experience ◽  
Transitional Justice ◽  
Global Justice ◽  
Khmer Rouge ◽  
Institutional Practices ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
History Of ◽  
The Creation

Overview: Focusing on two in-depth case studies (Khmer Institute of Democracy (KID) and the Center for Social Development), the next two chapters unpack the genealogies of these intermediary outreach non-governmental organizations (NGOs) and the institutional practices that laid a basis for their specific Khmer Rouge Tribunal outreach activities. This history, as well as the background and vision of the NGO leaders, is critical to understanding how, in the interstices of the transitional justice assemblage, these NGOs “translated” global justice in complicated, uneven, and creative ways often by using simplification and vernacularization, including the use of Buddhist concepts. More detailed: Chapter 2, “Time,” picks up this line discussion by looking at the history of KID and how the booklet was linked to the NGO’s earlier aims and practices. By exploring the creation and use of this booklet, the chapter also explores different “vortices” or whirlpools of movement that, if affected by the force of the “global justice,” are also informed by other contextual factors and are combustive in the sense of generating acts of imagination. By focusing on an NGO and particular individuals who played a direct or indirect role in the creation of the booklet, this chapter foregrounds lived experience and interstitiality, thus seeking to go beyond the global-local binary in different ways.

Every Cloud …?: The World Conference on Human Rights and Supervision of Implementation of Human Rights

1993 ◽  
Vol 11 (4) ◽  
pp. 457-468
Author(s):  
Ineke Boerefijn ◽  
Koen Davidse
Keyword(s):  
Human Rights ◽  
United Nations ◽  
World Conference ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
High Commissioner ◽  
The World ◽  
The Creation ◽  
Human Rights Norms ◽  
The Impact

In this article, the authors deal with the impact of the World Conference on Human Rights (WCHR) on the supervision of the implementation of human rights, one of the main topics on the agenda of the WCHR. Within the framework of the United Nations, various procedures have been developed regarding the international supervision of human rights norms. Procedures have been established on the basis of treaties as well as on the basis of resolutions of the Commission on Human Rights. Many contributions were made on this issue to the WCHR, from inter-governmental organizations, non-governmental organizations as well as independent experts. Submissions concerned the strengthening of existing mechanisms, as well as the creation of new mechanisms. After describing developments initiated by the relevant supervisory bodies themselves, the authors examine to which extent the WCHR gave an impetus to the strengthening of the current machinery, through further enhancing and expanding treaty-based supervision and through strengthening the position of independent experts mandated by the Commission on Human Rights. Next, the authors examine whether the WCHR gives room for the creation of new mechanisms, such as the High Commissioner for Human Rights.

Designed Intervention

2021 ◽  
pp. 93-120
Author(s):  
Séverine Autesserre
Keyword(s):  
United Nations ◽  
Crucial Role ◽  
Intervention Strategy ◽  
Top Down ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Timor Leste ◽  
The World ◽  
International Aid Agencies

Chapter Four further explores the limitations of “Peace, Inc.”: the traditional way to end wars. United Nations peacekeepers, foreign diplomats, and the staff of many non-governmental organizations involved in conflict resolution share a specific way of seeing the world. They often assume that the only path to peace is through working with governments and national elites and mediating formal agreements between world leaders. As a result, most international aid agencies use a top-down strategy of intervention, ignoring the crucial role of local tensions in fueling violence. Foreign peacebuilders also regularly rely on other widely held beliefs, such as the notion that education, elections, and statebuilding always promote peace. Anecdotes from places as varied as Afghanistan, Iraq, and Timor-Leste, along with a detailed story of the massive international efforts in Congo, highlight the possibility for devastating consequences while explaining why these detrimental assumptions and this flawed intervention strategy nevertheless persist.

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