scholarly journals Vivienda social: necesidades comunes, caminos comunes y dificultades comunes. La experiencia uruguaya.

2021 ◽  
pp. 207-221
Author(s):  
Benjamín Nahoum
Keyword(s):  
Free Market ◽  
Public Funding ◽  
Legal Framework ◽  
Social Production ◽  
Successful Model ◽  
Collective Ownership ◽  
Housing Cooperatives ◽  
The People ◽  
Housing Cooperative ◽  
The Right

This paper attempts to describe a particularly successful model of social production of habitat, that of Uruguayan housing cooperatives, which has already been developed for more than half a century, linking it with the conclusions of studies on the management of common goods by the people own selves by the Elinor Ostrom. Uruguayan housing cooperative´s characteristics and central aspects are analysed. Main singularities of the system are self-management, direct involvement of future users throughout their work or savings, and collective ownership of the houses, granting the right to use and enjoy to households. Subsequently, it is made a brief presentation of Ostrom’s work on commons and the Uruguayan cooperative model is taken up considering these concepts. This paper concludes that this social housing model would have great potential if had the support of the governments, currently oriented to free market, throughout development of an adequate legal framework, public funding, and access to land.

scholarly journals Legal Policy of Legislation in the Field of Natural Resources in Indonesia

2016 ◽  
Vol 1 (1) ◽  
pp. 108
Author(s):  
Herdiansyah Hamzah
Keyword(s):  
Natural Resources ◽  
Free Market ◽  
Market Competition ◽  
Future Generations ◽  
Constitutional Court ◽  
Legal Policy ◽  
The People ◽  
The Right ◽  
Control And Management ◽  
Gain Access

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

Work-related whistle-blowing in democratic societies context

2019 ◽  
Vol 26 (4) ◽  
pp. 1165-1202
Author(s):  
Kadriye Bakirci
Keyword(s):  
Freedom Of Expression ◽  
Legal Framework ◽  
Content Type ◽  
Whistle Blowing ◽  
Work Related ◽  
Eu Directive ◽  
The People ◽  
Democratic Societies ◽  
The Right ◽  
The Impact

Purpose Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this paper is to analyse Turkish legislation which is applicable to work-related whistle-blowing, the conflict between the worker’s right to “blow the whistle” and the obligation to loyalty and confidentiality. The consequences of groundless or deliberate false disclosures are considered. Comparisons are made with international conventions, the COE Recommendation CM/Rec(2014)7 and the Proposed EU Directive on the Protection of Whistleblowers and ECtHR precedents. Design/methodology/approach In the first part, this paper reviews the definition of whistle-blowing and whistle-blower. The second part outlines the impact of international and EU Law on Turkish legislation. The third part reviews the Turkish legal framework applicable to whistle-blowing. Findings Whistle-blowing in the public interest is suggested as a tool to combat corruption worldwide. There is no doubt that some whistle-blowers have been beneficial to society. However without democratic structures to take into account the assessment of the quality of the information, the type of the disclosure and the category of the reporting person, there are downsides to excessive whistle-blowing. Therefore, whistle-blowing should be discussed in the context of democratic societies, and a balanced approach should be adopted to ensure the position of not only whistle-blowers but also the people affected by the reports. Originality/value The paper offers new insights into the limits of work-related whistle-blowing within the context of freedom of expression and the right of employees and public officials to petition. The protection of whistle-blowers and the consequences of groundless or deliberate false disclosures under Turkish Law from a comparative perspective are considered.

scholarly journals Labour rights of the rare diseases population ‒ breaking the glass ceiling

Stanovnistvo ◽  
2020 ◽  
Vol 58 (2) ◽  
pp. 43-56
Author(s):  
Sanja Stojkovic-Zlatanovic ◽  
Marta Sjenicic ◽  
Ranko Sovilj
Keyword(s):  
Rare Diseases ◽  
Legal Framework ◽  
Health Statistics ◽  
Decent Work ◽  
Labour Law ◽  
Economic Rights ◽  
The People ◽  
Clinical Diagnoses ◽  
Labour Legislation ◽  
The Right

This paper aims to introduce a legal framework for exercising one of the most basic socio-economic rights of people with rare diseases: the right to decent work. Considering the specificity of the medical and, consequently, social status of the people affected, the appropriate labour-law measures need to be determined. Applying the comparative and normative method along with the contemporary anti-discrimination principle, the labour status of the rare diseases population has been analysed based on the proposed classification in legal terms. As a precondition for labour legislation, new Serbian healthcare legislation on rare diseases should be supported through the process of implementation to reduce adverse cases as effectively as possible, advance genetic and other clinical diagnoses, and thus increase the efficiency of available medical treatment. Concerning public health policy, updated registries and better health statistics should be created. These activities require certain amendments to both general and specialist labour legislation (disability legislation), aiming to include patients with rare diseases in the working (and social) environment without discrimination.

scholarly journals Legal Policy of Legislation in the Field of Natural Resources in Indonesia

2016 ◽  
Vol 1 (1) ◽  
pp. 108
Author(s):  
Herdiansyah Hamzah
Keyword(s):  
Natural Resources ◽  
Free Market ◽  
Market Competition ◽  
Future Generations ◽  
Constitutional Court ◽  
Legal Policy ◽  
The People ◽  
The Right ◽  
Control And Management ◽  
Gain Access

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

scholarly journals Oil exploitation and human rights violations in Nigeria’s oil producing communities

Afrika Focus ◽  
2012 ◽  
Vol 25 (2) ◽  
Author(s):  
Olubayo Oluduro
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Entire Body ◽  
Corporate Accountability ◽  
Human Rights Abuses ◽  
Weak Institutions ◽  
The People ◽  
National Human ◽  
The Right ◽  
High Level

This work found that the continuous violations of human rights of the people to- gether with the poor regulation of oil MNCs in Nigeria are caused by a combination of several factors including: an inadequate legal framework which denies local inhabitants of their rights to land and natural resources; scant regard for environmental considerations; poor enforcement of the relevant environmental laws meant to protect the people and the environment; the Nigerian state ́s over-reliance on oil; prolonged military rule; a high level of corruption in the oil industry and the entire body polity of Nigeria; non-justiciability of the right to a clean environment; and weak institutions such as the judiciary and the National Human Rights Commission. All of these deficiencies continue to date. Coming at a time when governments worldwide are striving to ensure corporate accountability for their activities in host nations, this work is unique in that it incisively analyses how the national and regional institutions could be strengthened to provide effective protection against human rights abuses and ensure corporate accountability. The strengthening of these institutions and the promotion of a rights-based approach to environmental justice in the Niger Delta region therefore deserves concentrated attention and efforts by all actors in the industry. 

Analytical Study of Violence Theme in Victoria Schwab’s This Savage Song

2019 ◽  
Keyword(s):  
Analytical Study ◽  
Research Paper ◽  
The Novel ◽  
Vicious Cycle ◽  
Aggressive Approach ◽  
Research Article ◽  
The People ◽  
The Social ◽  
Different Dimensions ◽  
The Right

This research article focuses on the theme of violence and its representation by the characters of the novel “This Savage Song” by Victoria Schwab. How violence is transmitted through genes to next generations and to what extent socio- psycho factors are involved in it, has also been discussed. Similarly, in what manner violent events and deeds by the parents affect the psychology of children and how it inculcates aggressive behaviour in their minds has been studied. What role is played by the parents in grooming the personality of children and ultimately their decisions to choose the right or wrong way has been argued. In the light of the theory of Judith Harris, this research paper highlights all the phenomena involved: How the social hierarchy controls the behaviour. In addition, the aggressive approach of the people in their lives has been analyzed in the light of the study of second theorist Thomas W Blume. As the novel is a unique representation of supernatural characters, the monsters, which are the products of some cruel deeds, this research paper brings out different dimensions of human sufferings with respect to these supernatural beings. Moreover, the researcher also discusses that, in what manner the curse of violence creates an inevitable vicious cycle of cruel monsters that makes the life of the characters turbulent and miserable.

Main Forms of Propagandistic Activities of the Right-Wing Parties (1904–1914)

2020 ◽  
Vol 102 ◽  
pp. 656-676
Author(s):  
Igor V. Omeliyanchuk
Keyword(s):  
20Th Century ◽  
Social Groups ◽  
Right Wing ◽  
Periodical Press ◽  
Political Movement ◽  
The People ◽  
The Social ◽  
The Right ◽  
In The Beginning ◽  
The 19Th Century

The article examines the main forms and methods of agitation and propagandistic activities of monarchic parties in Russia in the beginning of the 20th century. Among them the author singles out such ones as periodical press, publication of books, brochures and flyers, organization of manifestations, religious processions, public prayers and funeral services, sending deputations to the monarch, organization of public lectures and readings for the people, as well as various philanthropic events. Using various forms of propagandistic activities the monarchists aspired to embrace all social groups and classes of the population in order to organize all-class and all-estate political movement in support of the autocracy. While they gained certain success in promoting their ideology, the Rights, nevertheless, lost to their adversaries from the radical opposition camp, as the monarchists constrained by their conservative ideology, could not promise immediate social and political changes to the population, and that fact was excessively used by their opponents. Moreover, the ideological paradigm of the Right camp expressed in the “Orthodoxy, Autocracy, Nationality” formula no longer agreed with the social and economic realities of Russia due to modernization processes that were underway in the country from the middle of the 19th century.

Paradigma Pembangunan Desa dalam Pengelolaan Keuangan Desa Berdasarkan Undang-Undang Nomor 6 Tahun 2014 Tentang Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 117-132
Author(s):  
Betha Rahmasari
Keyword(s):  
Regional Development ◽  
Financial Management ◽  
Sustainable Use ◽  
Economic Potential ◽  
Village Community ◽  
Development Organizations ◽  
The People ◽  
The Government ◽  
The Right ◽  
The Village

This article aims to find out the developmentidea or paradigm through village financial management based on Law Number 6 of 2014 concerning Villages. In this study, the researcher used a normative research methodby examining the village regulations in depth. Primary legal materials are authoritatuve legal materials in the form of laws and regulations. Village dependence is the most obvious violence against village income or financial sources. Various financial assistance from the government has made the village dependent on financial sources from the government. The use of regional development funds is intended to support activities in the management of Regional Development organizations. Therefore, development funds should be managed properly and smoothly, as well as can be used effectively to increase the people economy in the regions. This research shows that the law was made to regulate and support the development of local economic potential as well as the sustainable use of natural resources and the environment, and that the village community has the right to obtain information and monitor the planning and implementation of village development.

Konsistensi Implementasi Hak Menguasai Negara Dalam Upaya Mengatasi Dominasi Perekonomian Asing Guna Mewujudkan Kemandirian Ekonomi Nasional

Jurnal Hukum ◽  
2014 ◽  
Vol 30 (2) ◽  
pp. 1477
Author(s):  
Suparji Suparji
Keyword(s):  
The State ◽  
Economic Activities ◽  
The People ◽  
The Right

 AbstractThe president—Jokowi, has a mandate from the people to make Indonesia to be more equitable and prosperous. In order to fulfill this mandate, he has set nine priority programs known as the concept of Nawa Cipta. This program calls for concrete steps so as not merely a wish list. The most fundamental thing in economics field is how the constitutional mandate that the right to dominate the state can be realized in the management of economic activities, including in dealing with foreign economic domination in IndonesiaKeywords: implementation, the right to dominate the state, foreign economic domination.  AbstrakPresiden Jokowi telah mendapatkan mandat dari rakyat untuk mewujudkan Indonesia yang lebih adil dan sejahtera. Dalam rangka memenuhi mandat tersebut, telah ditetapkan sembilan program prioritas       yang dikenal dengan konsep Nawa Cipta. Program ini tentunya memerlukan langkah-langkah kongkret sehingga tidak sekedar menjadi daftar keinginan. Hal yang paling mendasar dalam bidang ekonomi adalah bagaimana amanat konstitusi yakni hak menguasai negara dapat diwujudkan dalam pengelolaan kegiatan perekonomian, termasuk dalam mengatasi dominasi perekonomian asing di Indonesia.  Kata kunci: implementasi, hak menguasai negara, dominasi perekonomian asing  

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