General Comment 6 (2018) on Equality and Non-discrimination

2018 ◽  
Vol 7 (1) ◽  
pp. 131-161
Keyword(s):  
National Level ◽  
Legal Protection ◽  
List Type ◽  
Persons With Disabilities ◽  
The Law ◽  
Legal Character ◽  
Relationship Of ◽  
Article 5 ◽  
The Relationship ◽  
Normative Content

Article 5 of the Convention on the Rights of Persons with Disabilities (CRPD) deals with equality and non-discrimination. It specifically provides: 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention. General comment no 6 clarifies the obligations of States parties regarding equality for and non-discrimination of persons with disabilities. It begins by considering equality for and non-discrimination of persons with disabilities in international law (Section II) followed by a discussion of the human rights model of disability and inclusive equality (Section III). It then discusses the legal character of non-discrimination and equality (Section IV), the normative content of Article 5 CRPD (Section v), the general obligations of States parties under the Convention relating to non-discrimination and equality (Section VI), the relationship of Article 5 with other specific articles of the Convention (Section VII), followed by implementation at the national level (Section VIII).

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

Effect of Vibration on Rapeseed Header Loss and Optimization of Header Frame

2021 ◽  
Vol 64 (4) ◽  
pp. 1247-1258
Author(s):  
Yang Li ◽  
Lizhang Xu ◽  
Zhipeng Gao ◽  
En Lu ◽  
Yaoming Li
Keyword(s):  
Modal Analysis ◽  
Engine Speed ◽  
Vibration Measurement ◽  
List Type ◽  
Positive Correlation ◽  
Combine Harvester ◽  
Analysis System ◽  
Combine Harvesters ◽  
Relationship Of ◽  
The Relationship

HighlightsThe relationship of vibration and header loss was studied by multi-point vibration measurement and loss collection test.There was an approximately linear positive correlation between total header vibration and total rapeseed header loss.The header frame was analyzed and optimized through modal simulation and testing.The total rapeseed header loss of the improved header was reduced by 33.2% to 46.9%.Abstract. In view of the current large rapeseed header losses of rape combine harvesters, the effects of the header on rapeseed header loss were studied from the perspective of vibration. First, the vibrations at various measuring points on the header during rape harvest were studied using a data acquisition and analysis system while performing collection tests of rapeseed header loss with the sample slot method. The relationships between total header vibration and total rapeseed header loss and between vertical cutter vibration and rapeseed vertical cutter loss were shown to have a positive correlation, and they all increased with the increase in engine speed. Vertical cutter loss accounted for 31.2% to 42.4% of the total rapeseed header loss. Modal analysis and optimization of the header frame were then performed by simulation and test. The natural frequencies of the first-order and second-order modes of the optimized header were increased, and the possibility of resonance with other working parts was eliminated. Finally, the improved header was tested during rape harvest. The results showed that the total vibration of the improved header was reduced by 19.9% to 43.9%, and the total rapeseed header loss was reduced by 33.2% to 46.9%. The vertical cutter vibration was reduced by 30.5% to 49.8%, and the rapeseed vertical cutter loss was reduced by 20.8% to 34.7%. In addition, the vibration and rapeseed loss of the improved header had relatively slow rates of increase with the increase in engine speed. The method of reducing rapeseed loss by reducing the header vibration achieved an obvious and positive effect. Keywords: Frame optimization, Modal analysis, Rape combine harvester, Rapeseed header loss, Vibration.

scholarly journals Monitoring mechanisms designed to serve persons with intellectual disabilities: exploring the implementation of Article 16 CRPD in Cyprus

2018 ◽  
Vol 15 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Emily Julia Kakoullis
Keyword(s):  
Human Rights ◽  
Intellectual Disabilities ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
National Human ◽  
Adults With Intellectual Disabilities ◽  
National Human Rights Institutions ◽  
Relationship Of ◽  
Forms Of Violence ◽  
The Relationship

AbstractIn its concluding observations for Cyprus, the UN Convention on the Rights of Persons with Disabilities (CRPD) Committee stated that it ‘is concerned about the insufficiency of legal provisions and accessible mechanisms to detect, report, prevent and combat all forms of violence’.1This paper focuses on the independent monitoring obligation Article 16(3) CRPD places on states parties, and discusses the implications of the insufficient implementation of Article 16(3) as it affects adults with intellectual disabilities in Cyprus. It examines the existing monitoring frameworks, explains why they do not meet with Article 16(3) CRPD requirements and explores the relationship of the national human rights institutions (NHRIs) with Article 16(3). This paper enables understanding as to how, despite pre-existing monitoring frameworks in place, no independent monitoring action has been taken since the ratification of the CRPD. It argues that there is an immediate need for measures to achieve the implementation of Article 16(3) and makes recommendations for Cyprus and other states parties.

scholarly journals Attitudes toward Persons with Disabilities: A Relationship of Age, Gender, and Education of Students

2017 ◽  
Vol 4 (4) ◽  
Author(s):  
Ajay Kumar Maurya ◽  
Ashok Parasar
Keyword(s):  
Sampling Technique ◽  
Older Students ◽  
Point Scale ◽  
Persons With Disabilities ◽  
Gender And Education ◽  
And Gender ◽  
Education Of Students ◽  
Relationship Of ◽  
The Relationship ◽  
Negative Relationships

The study was conducted to see the relationship between students’ attitude towards disability with reference to age, gender and education. The main aim of this study was to assess whether older students has positive attitude than younger; whether boys and girls have different attitude towards disability and whether the there is any impact of education on attitude toward disability? Method: Data was collected from general population through random sampling technique from six different schools. Participants were selected from the four classes (9, 10 11, and 12) with equal number of Boys and girls. To assess the Attitude towards disability, the Harold E. Yuker J. R. BlockJanet H. Youinng 6 point scale with 20 items scale was administered. Results: In this study positive correlation was found between ATDP & Age, ATDP & Education, and Negative correlation between ATDP and Gender was found. Conclusions: Participant’s Age and Education have positive relationship with their attitudes towards disability; negative relationships was found between gender and attitude towards disability.

scholarly journals Peranan Majelis Pengawas Daerah (MPD) Terhadap Pengawasan Pelaksanaan Jabatan Notaris Di Kabupaten Tegal

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 179
Author(s):  
Dwikky Bagus wibisono ◽  
Umar Ma’ruf
Keyword(s):  
Supervisory Board ◽  
Legal Protection ◽  
Field Research ◽  
Social Institutions ◽  
Judicial Process ◽  
Basic Principles ◽  
Approach Method ◽  
Data Collection Technique ◽  
Relationship Of ◽  
The Relationship

AbstrakLembaga Kenotariatan adalah salah satu lembaga kemasyarakatan yang ada di Indonesia, lembaga ini timbul dari kebutuhan dalam pergaulan sesama manusia yang menghendaki adanya suatu alat bukti mengenai hubungan hukum keperdataan yang ada dan atau terjadi diantara mereka.Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis empiris, spesifikasi yang digunakan dalam penelitian ini bersifat deskriptif analitis, teknik pengumpulan data ini menggunakan penelitian lapangan dan studi kepustakaan.Notaris sebagai pejabat umum dalam menjalankan jabatannya perlu diberikan perlindungan hukum, antara lain pertama untuk tetap menjaga keluhuran harkat dan martabat jabatannya termasuk ketika memberikan kesaksian dan berproses dalam pemeriksaan dan persidangan. Kedua, merahasiakan akta keterangan yang diperoleh guna pembuatan akta dan ketiga, menjaga minuta atau surat-surat yang dilekatkan pada minuta akta atau protokol Notaris dalam penyimpanan Notaris. Ketiga hal inilah yang menjadi dasar dalam Pasal 66 UUJN dalam hal pemanggilan Notaris untuk proses peradilan, penyidikan, penuntut umum atau hakim dengan persetujuan Majelis Pengawas.Kata Kunci: Majelis Pengawas Daerah, Pengawasan,Jabatan Notaris AbstractsThe Notary Institution is one of the existing social institutions in Indonesia, this institution arises from the needs in the association of fellow human who wants a proof of the relationship of civil law existing and / or occur between them.The approach method used in this research is empirical juridical, the specification used in this research is analytical descriptive, this data collection technique using field research and literature study.Notary as a general official in carrying out his / her position needs to be given legal protection, among others, first to maintain the nobility of dignity and dignity of office including when giving testimony and proceeding in examination and trial. Second, to keep secret deeds obtained for making the deed and third, to keep the minuta or letters attached to the Minutes of Notary or Notary's protocol in the Notary's depository. These are the basic principles of Article 66 of the UUJN in the case of calling a Notary to the judicial, investigative, prosecutorial or judicial process with the approval of the Supervisory Board.Keywords:  Regional Supervisory Board,Supervision,Notary Position

scholarly journals A Comparative Study of Anthropometric and Psycho-Motor Abilities of Sub-Junior National Level Boxers

2016 ◽  
Vol 5 (3) ◽  
pp. 140
Author(s):  
Sumitra Kirtania ◽  
Pintulal Mondal ◽  
Mahesh Sawata Khetmalis
Keyword(s):  
Body Composition ◽  
Comparative Analysis ◽  
West Bengal ◽  
National Level ◽  
Motor Abilities ◽  
Psychomotor Ability ◽  
Level Of Significance ◽  
Age Range ◽  
Relationship Of ◽  
The Relationship

<div><p><em>The aim of this study is to identify the Anthropometric and profiles of sub-Junior National level Boxers and also to find out the relationship of Anthropometric profiles and psychomotor abilities of the sub-Junior National level Boxers.</em><em> </em><em>A total 22 female Boxers (11 medalists and 11 non-medalists) age range between 12<sup>th</sup> to 16<sup>th</sup> years will be select from SAI, SAG, Imphal centers. Selected Anthropometric variables (Body composition) will be taken on each Boxer. Total Psychomotor ability scores (Speed, Agility, Differentiation, Orientation, Balance, Rhythm Ability) will be taken. For interpretation of data a comparative analysis of the selected variable, the “t” test was applied. The data of both groups were collected separately for all the variables. Statistic such as mean and standard deviation was computed. The level of significance was set at 0.05. It was found that in BMI, BMR do not have significant deference between the Manipur and West Bengal female Boxers and significant deference was found on Speed, Agility, Differentiation, Orientation, Balance, Rhythm Ability.</em></p></div>

scholarly journals Fact Finding and the World Court

1969 ◽  
Vol 7 ◽  
pp. 150-191
Author(s):  
W. F. Foster
Keyword(s):  
State Sovereignty ◽  
The World ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication ◽  
Fact Finding ◽  
Relationship Of ◽  
The Relationship

The relationship of state sovereignty and the jurisdiction of international tribunals presents one of the main problems in the law of international adjudication. Submission to the jurisdiction of a tribunal implies a partial surrender of sovereignty. The extent of the surrender may be said to be proportionate to the degree of discretion open to the tribunal concerned when deciding a case submitted to it. The present study will deal with an important aspect of this judicial freedom of determination, namely, the extent to which the World Court can seek to discover the facts and circumstances of a dispute independently of the evidence and information brought before it voluntarily by the parties.

competency in a narrow field of practical legal method and practical reason. Then, a philosophical argument will be appreciated, considered, evaluated and either accepted or rejected. This is not a theoretical text designed to discuss in detail the importance of a range of legal doctrines such as precedent and the crucial importance of case authority. Other texts deal with these pivotal matters and students must also carefully study these. Further, this is not a book that critiques itself or engages in a post-modern reminder that what we know and see is only a chosen, constructed fragment of what may be the truth. Although self-critique is a valid enterprise, a fragmentary understanding of ‘the whole’ is all that can ever be grasped. This is a ‘how to do’ text; a practical manual. As such, it concerns itself primarily with the issues set out below: How to … (a) develop an awareness of the importance of understanding the influence and power of language; (b) read and understand texts talking about the law; (c) read and understand texts of law (law cases; legislation (in the form of primary legislation or secondary, statutory instruments, bye-laws, etc), European Community legislation (in the form of regulations, directives)); (d) identify, construct and evaluate legal arguments; (e) use texts about the law and texts of the law to construct arguments to produce plausible solutions to problems (real or hypothetical, in the form of essays, case studies, questions, practical problems); (f) make comprehensible the interrelationships between cases and statutes, disputes and legal rules, primary and secondary texts; (g) search for intertextual pathways to lay bare the first steps in argument identification; (h) identify the relationship of the text being read to those texts produced before or after it; (i) write legal essays and answer problem questions; (j) deal with European influence on English law. The chapters are intended to be read, initially, in order as material in earlier chapters will be used to reinforce points made later. Indeed, all the chapters are leading to the final two chapters which concentrate on piecing together a range of skills and offering solutions to legal problems. See Figure 1.1, below, which details the structure of the book. There is often more than one solution to a legal problem. Judges make choices when attempting to apply the law. The study of law is about critiquing the choices made, as well as critiquing the rules themselves. However, individual chapters can also be looked at in isolation by readers seeking to understand specific issues such as how to read a law report (Chapter 4) or how to begin to construct an argument (Chapter 7). The material in this book has been used by access to law students, LLB students and at Masters level to explain and reinforce connections between texts in the construction of argument to non-law students beginning study of law subjects.

2012 ◽  
pp. 16-16
Keyword(s):  
European Community ◽  
Law Students ◽  
Philosophical Argument ◽  
Crucial Importance ◽  
Legal Rules ◽  
Legal Method ◽  
Legal Problems ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

Competition of Agencies in European Pharmaceutical Law – Does It Exist, Is It Desirable and How to Handle It?

2010 ◽  
Vol 1 (3) ◽  
pp. 227-238 ◽  
Author(s):  
Kai P. Purnhagen
Keyword(s):  
International Law ◽  
Historical Development ◽  
Administrative Law ◽  
European Level ◽  
Pharmaceutical Regulation ◽  
Risk Regulation ◽  
The Usa ◽  
Relationship Of ◽  
Article 5 ◽  
The Relationship

Rarely has international law been investigated from a Business to Agency (B2A) or even Agency to Agency (A2A) perspective. In recent years, the “mushrooming” of agencies at European level has triggered the importance of looking more closely into the relationship of the agencies towards each other. Is there a struggle over competences and regulatory objects, and would such competition lead to desirable outcomes? In this paper I will first show that, due to the historical development of administrative law in Europe and the USA, the perception of the desirability of agency competition differs. I will then contrast these findings with EU pharmaceutical law and show that it tends to avoid competition. Also, in practice, competition among agencies is still exceptional for European pharmaceutical regulation. Finally, I conclude these findings and hint at the limits of the desired process for further coherence. Although a move towards even greater convergence in European risk regulation is desirable, it does have its limits set by the principle of conferral in Article 5 (1, 2) EU read in conjunction with the areas of shared competence and the competence to support, coordinate and supplement.

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