The Issue of Unaccompanied Foreign Minors in Spain

2016 ◽  
Vol 13 (1) ◽  
pp. 348-377
Author(s):  
Vicente Cabedo Mallol
Keyword(s):  
21St Century ◽  
Child Protection ◽  
Case Law ◽  
Legal Framework ◽  
Constitutional Court ◽  
Migration Process ◽  
Mass Influx ◽  
Set Up ◽  
Unaccompanied Foreign Minors

In the first decade of the 21st century, the various Spanish authorities concerned with the issue of child protection found themselves overwhelmed by the mass influx of unaccompanied foreign minors to Spain. The immigration regulations, which were established for the immigration of adults, did not fully cover the rights to which minors were entitled or the issues that affected them. By the end of that decade, with the reform of the immigration regulations, which includes the case law of the Constitutional Court on this matter a comprehensive legal framework for foreign minors will be set up, in principle. Conversely, as revealed in this article, this legal framework does not satisfactorily resolve all the problems involving these minors. This work analyzes, by looking at the migration process of these minors, the rights to which they are entitled and the problems they face.

scholarly journals Tipping Point Towards Biodiversity Conservation? Local and Global Consequences of the Application of ‘Rights of Nature’ by Ecuador

2021 ◽  
Author(s):  
Juan M. Guayasamin ◽  
Roo Vandegrift ◽  
Tobias Policha ◽  
Andrea C. Encalada ◽  
Natalia Greene ◽  
...  
Keyword(s):  
Legal Framework ◽  
Conservation Strategy ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
The World ◽  
Rights Of Nature ◽  
Major Shift ◽  
Policy Shift ◽  
Set Up ◽  
Relationship Of

In 2008, Ecuador recognized the Constitutional Rights of Nature in a global first. This recognition implies a major shift in the human-nature relationship, from one between a subject with agency (humans) and an exploitable object (Nature), to a more equilibrated relationship of respect. However, the lack of a standard legal framework has left room for subjective interpretations and variable implementation. The recent widespread concessioning of pristine ecosystems to mining industries in Ecuador has set up an unprecedented conflict and test of these rights. Currently, a landmark case involving Los Cedros Protected Forest and mining companies has reached the Constitutional Court of Ecuador. If Ecuador’s highest Court rules in favor of Los Cedros and the Rights of Nature, it would set a legal precedent with enormous impact on biological conservation in Ecuador and, potentially, the world. Such a policy shift offers a novel conservation strategy, through citizen oversight and action.

The War of US against ISIS in Psychological Warfare and Internet as the New Frontline

2016 ◽  
Vol 2 (2) ◽  
pp. 129
Author(s):  
Urtak Hamiti
Keyword(s):  
21St Century ◽  
Barack Obama ◽  
Good News ◽  
Islamic State ◽  
Media Center ◽  
The People ◽  
Psychological Warfare ◽  
The Media ◽  
Set Up ◽  
Hearts And Minds

Barbaric, savage, horrific-these were terms to define the decision of the Islamic State of Iraq and Syria (ISIS) to murder its captured Jordanian pilot by burning him alive inspired a thesaurus of horror and revulsion. The men who did it, the perpetrators were described by the media as mad men, thugs, monsters. To most of the people, the act itself seemed inexplicable and without sense. However, behind the choreographed and videotaped violence lies a calculated horrible cold logic. Although, ISIS is often portrait as a mighty force on the ground in Syria and Iraq, facts state that they control mainly communications between various provinces in both countries, and, as most guerrilla armies, are militarily weak by conventional measure. ISIS has little or almost none defense against the bombing campaign that is facing now, while US has formed a coalition that is confronting them on the ground as well, after President Barack Obama published the “New Security Doctrine” which includes degrading and finally destroying ISIS. ISIS, however, have proven to be very organized in promoting dramatic acts of violence against their enemies and promoting them two achieve two goals: use terror tactics as a psychological weapon against all those facing them and all those that are to face them in combat. Secondly, through usage of social network platforms to promote killings and executions, the aim of ISIS is to encourage recruits from out of Syria and Iraq, and elsewhere, to join them in their cause. Online operations of ISIS fall under a production group called the Al Hayat Media Center. The Center was created to seduce Westerners into joining the ranks of ISIS and also to distribute propaganda through social and media platforms. It is difficult to assess the success of this operation, but solid sources provided by US military and intelligence estimate that at least 300 Americans are fighting in the ranks of ISIS (at least two Americans have been killed fighting for ISIS in Iraq/Syria region) while the number of Europeans is in thousands. The US Response to this psychological kind of warfare came when President Barack Obama established the Center for Strategic Counterterrorism Communications (CSCC) aiming to combat terrorist propaganda. The main strategy of CSCC is not directly to confront ISIS operatives, but rather than that to deal with the people they are trying to recruit. Now, with almost entire international public opinion on their side, it is time for US to more actively respond to ISIS especially in the manner of psychological warfare since it is obvious that operations of “winning hearts and minds” of people in Iraq and Syria are not enough compared to ruthless tactics of ISIS which “winning hearts and minds” by brute force, terror, and vivid violent images. The online propaganda war is a new component to conflicts of 21st century that allows enemies to reach one another’s home fronts directly. ISIS might seem not so strong on the ground but it has captured one fundamental flaw of the media of 21st century-the one that bad news is always good news and that televised violence will always have an audience. ISIS has proclaimed that its goal is to create a caliphate of 21st century but its psychological warfare and propaganda is inspiring individuals throughout the West to commit horrible terrorist crimes. Could this be another mind game set up by ISIS, it remains to be seen. However one thing is for certain, US and its allies must tackle ISIS not only by planes and other military means, but also by a strategy that would eliminate its influence in spreading their propaganda.

The use of ICT by SMMEs in a Digital Economy: A case study in Buffalo City Metropolitan in South Africa [Abstract]

10.28945/4314 ◽  
2019 ◽  
Keyword(s):  
South Africa ◽  
Technology Acceptance ◽  
21St Century ◽  
Common Knowledge ◽  
Digital Economy ◽  
Future Research ◽  
Wealth Creation ◽  
Underdeveloped Areas ◽  
And Gender ◽  
Set Up

Aim/Purpose: The goal of this study is to advance understanding of ICT utilization by SMMEs by checking access, ability (in terms of technological skills) and usage of ICT among some SMMEs entrepreneurs operating their businesses in an underdeveloped areas to enhance their business activities in order to utilizes the digital opportunities 21st century digital economies present. Background: In today’s world no nation or region is untouched by the forces of globalization and digital economy. One of the key pioneering forces of globalization is the advances of ICT like internet, social networks, etc. In the sphere of business, this pioneering force has also altered the way businesses and organizations communicate and interact with customers and society at large. Such alternation presents obvious opportunities for wealth creation and growth for businesses and organizations that are well-equipped to take advantages of them. But for those that are less-equipped, particularly SMMEs, globalization can easily lead to fore-closures and marginalization. It is a common knowledge that SMMEs entrepreneurs mostly rely on ICT gadgets like mobile phone, Laptops, Tablets to conduct their business activities as many of them don’t have enough capital to set up offices with necessary equipment. Therefore, using various ICT functions/programs on these ICT devices to enhance their business activities are critical to their businesses in the 21st century digital economies. Methodology: Purposeful sampling was used to approach fifty-four SMMEs entrepreneurs operating their businesses in underdeveloped areas locally called Townships in Buffalo City Metropolitan. Microsoft excel was used in the descriptive statistics. Contribution: This research will add to the growing knowledge ICT usage in SMMEs in the 21st century digital economies. Findings: The results indicate that the participating SMMEs entrepreneurs need to be educated, trained and supported in the use of the ICT applicable to enhance their business activities in order for them to take advantages of 21st century digital economies present. Recommendations for Practitioners: The agencies tasked with looking after SMMEs in South Africa needs to consider the lacked of utilisation of ICTs by SMMEs entrepreneurs operating their businesses in underdeveloped areas as one of the barrier to growing of their businesses and take necessary steps to address it. Recommendation for Researchers: Since age and gender have been proven to be key-moderating variables in many technology acceptance models. There is a need to explore in depth whether the factors of gender and age also act as barriers. Impact on Society: The research will assist stakeholders, policy makers and agencies tasked with looking after SMMEs to identify the barriers hindering SMMEs to grow and address them accordingly. Future Research: More work needs to be done to check whether gender, age of the SMMEs entrepreneurs have some effects on their attitude towards the integration of ICT into their business activities.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Italy

2018 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Significant Influence ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Indirect Discrimination ◽  
Legal Concepts ◽  
Domestic Law

Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.

scholarly journals Free movement of workers in the EU and occupational pensions

2017 ◽  
Vol 19 (2) ◽  
pp. 141-157 ◽  
Author(s):  
Marion Del Sol ◽  
Marco Rocca
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Free Movement ◽  
The European Union ◽  
Occupational Pensions ◽  
Minimum Standards ◽  
Court Of Justice ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Cross National

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.

Moving towards Complicity as a Criterion of Attribution of Private Conducts: Imputation to States of Corporate Abuses in the US Case Law

2011 ◽  
Vol 24 (4) ◽  
pp. 989-1007
Author(s):  
DANIELE AMOROSO
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Framework ◽  
Human Rights Violations ◽  
State Involvement ◽  
The Us ◽  
Terrorist Groups ◽  
Traditional Paradigm ◽  
Corporate Liability ◽  
Private Wrongs

AbstractAccording to the agency paradigm enshrined by the 2001 ILC Articles on State Responsibility, private conducts are attributed to a state when they are carried out on the state's behalf or under its tight control. On closer look, this legal framework proves to be unable to deal with state involvement in human-rights violations perpetrated by powerful non-state actors, such as terrorist groups or transnational corporations. These wrongs, indeed, are often put in place with the fundamental contribution of – but not on behalf of (or under the control of) – a state, with the consequence that, under the traditional paradigm, they could not be attributed to the latter. Against this backdrop, the present paper argues that a new secondary norm has been developing that provides that private wrongs are to be imputed to a state if the latter knowingly facilitated (or otherwise co-operated in) their commission. Although international practice will be duly taken into account, the analysis will be focused mainly on US case law concerning corporate liability for international human-rights violations.

El derecho a ser informado como elemento esencial del derecho a la protección de datos. Una visión crítica de la jurisprudencia del Tribunal Constitucional y de su cambio de doctrina en la STC 39/2016

2016 ◽  
pp. 191-216
Author(s):  
Miguel Ángel CABELLOS ESPIÉRREZ
Keyword(s):  
Video Surveillance ◽  
Data Protection ◽  
Case Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Surveillance Systems ◽  
Control Technology ◽  
Specific Regulation ◽  
The Right

LABURPENA: Lan eremuan bideozaintzaren erabilerak ondorio garrantzitsuak dakartza funtsezko eskubideei dagokienez, esate baterako intimitateari eta datu pertsonalen babesari dagokienez. Hala eta guztiz ere, oraindik ez daukagu araudi zehatz eta espezifikorik kontrol-teknika hori lan eremuan erabiltzeari buruz. Horrek behartuta, errealitate horri araudi-esparru anitz eta generikoa aplikatzeko modua auzitegiek zehaztu behar dute, kontuan hartuta, gainera, Espainiako Konstituzioaren 18.4 artikulua alde horretatik lausoa dela. Konstituzio Auzitegiak, datuen babeserako funtsezko eskubidea aztertzean, datuen titularraren adostasuna eta titular horri eman beharreko informazioa eskubide horretan berebizikoak zirela ezarri zuen; hortik ondorioztatzen da titularraren adostasuna eta hari emandako informazioa mugatuz gero behar bezala justifikatu beharko dela. Hala ere, Konstituzio Auzitegiak, duela gutxiko jurisprudentzian, bere doktrina aldatu du. Aldaketa horrek, lan eremuan, argi eta garbi langileak informazioa jasotzeko duen eskubidea debaluatzea dakar, bere datuetatik zein lortzen ari diren jakiteari dagokionez. RESUMEN: La utilización de la videovigilancia en el ámbito laboral posee importantes implicaciones en relación con derechos fundamentales como los relativos a la intimidad y a la protección de datos personales. Pese a ello, carecemos aún de una normativa detallada y específica en relación con el uso de dicha técnica de control en el ámbito laboral, lo que obliga a que sean los tribunales los que vayan concretando la aplicación de un marco normativo plural y genérico a esa realidad, dada además la vaguedad del art. 18.4 CE. El TC, al analizar el derecho fundamental a la protección de datos, había establecido el carácter central en él del consentimiento del titular de los datos y de la información que debe dársele a éste, de donde se sigue que cualquier limitación del papel de ambos deberá estar debidamente justificada. Sin embargo, en su más reciente jurisprudencia el TC ha realizado un cambio de doctrina que supone, en el ámbito laboral, una clara devaluación del derecho a la información por parte del trabajador en relación con qué datos suyos se están obteniendo. ABSTRACT : T he use of video surveillance systems within the work sphere has major implications for fundamental rights such as privacy and data protection. Nonetheless, we still lack of a detailed and specific regulation regarding the use of that control technology within the work sphere, which obliges courts to define the application of a plural and generic normative framework to that issue, given the vagueness of art. 18.4 of the Constitution. The Constitutional Court, when analyzing the fundamental right to data protection, had settled the centralityof the consent of the data rightholder and of the information to be provided to the latter, and from this it followed that any restriction on the role of both rights should be duly justified. However, in its most recent case law the Constitutional Court has changed its doctrine which means, within the work sphere, a clear devaluation of the right of information by the employee regarding the obtained data of him/her.

scholarly journals The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

2016 ◽  
Vol 44 (1) ◽  
pp. 35-42
Author(s):  
Claus Koggel
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Case Law ◽  
Legislative Process ◽  
Constitutional Court ◽  
Current Case ◽  
Basic Law ◽  
Federal Constitutional ◽  
Legislative Procedure ◽  
German Constitutional Law

AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

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