scholarly journals The analysis of the concept of vulnerability on the International legal framework on Human Trade

2018 ◽  
pp. 97-114
Author(s):  
Rafaela Hilário Pascoal
Keyword(s):  
Human Trafficking ◽  
Present Article ◽  
Legal Framework ◽  
Not Given ◽  
Practical Application ◽  
Council Of Europe ◽  
Human Trade ◽  
Definition Of ◽  
Legal Grounds ◽  
Exact Definition

The establishment of the Trafficking1 and the Smuggling Protocol2 has brought to the surface the importance of the concept of vulnerability. However, the Protocols have not given a precise definition to the concept of vulnerability, in order to perceive a practical application on legal grounds. In 2005, the Council of Europe tries to delimit the definition’s gap of such concept, through the Convention of Warsaw3, giving a more exact definition of the concept. The present article intends to analyse the evolution and the application of this concept on the international legal framework on Human trafficking and Smuggling of migrants.

scholarly journals Regulatory support and legal grounds for the coercion by the law enforcement agencies of Ukraine

2021 ◽  
Vol 2 (2) ◽  
pp. 84-91
Author(s):  
Yuriy Paida
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Framework ◽  
Diplomatic Relations ◽  
Law Enforcement Agencies ◽  
Coercive Measures ◽  
Special Means ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Legal Grounds

The issue of coercion by law enforcement agencies significantly affects the rights and interests of an individual as a person, despite the fact that this person is most often the offender. At the same time, both international law and the national law of any state recognize the possibility of applying coercive measures to ensure order and security. Thus, the principle of proportionality requires the legal definition of the authority powers to interfere in the rights, freedoms and interests of the objects of influence and the proportionate exercise of these powers depending on the specific circumstances of the case, which would ensure the necessary balance between government, community, legal entities and individual citizens. The article analyzes the national legislation that is directly related to the legal framework and legal grounds for the use of coercion by law enforcement agencies of Ukraine. It also covers international legal acts ratified in the prescribed order, and international documents on diplomatic relations and immunities of diplomatic agents with regard to respect for human rights in the use of coercion by the relevant authorities: whether physical influence (force), or special means, or, moreover, firearms, which is most often related to the harming a citizen. Special attention is paid to the peculiarities of departmental regulation of this issue. It is noted that the legal grounds for the application of coercive measures regulated at the level of laws are not a departmental prerogative power of any ministry or other executive body. In addition to the above, it is emphasized that law enforcement officers must take into account the norms and principles of professional conduct in the performance of law enforcement functions in their activities. Thus, the legal grounds for the use of coercion by law enforcement agencies are widespread in regulations of various legal force. At the same time, the grounds and conditions for the application of coercive measures are regulated only by acts issued by the Verkhovna Rada of Ukraine, namely, by laws

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

The Development of Forgiveness

2020 ◽  
pp. 401-418
Author(s):  
Robert D. Enright ◽  
Jacqueline Y. Song
Keyword(s):  
Necessary Conditions ◽  
Practical Application ◽  
Important Work ◽  
Future Directions ◽  
Developmental Progression ◽  
Forgiveness Education ◽  
Cognitive Work ◽  
Adolescents And Adults ◽  
Forgiveness Therapy ◽  
Definition Of

The psychology of forgiveness originated from the creative and important work on the development of justice initiated by Piaget in 1932 and extended by Kohlberg in 1969. The scientific study of forgiveness is quite new, having emerged in print in 1989, with an examination of the developmental progression in children’s, adolescents’, and adults’ thinking about the necessary conditions for them to offer forgiveness to another person. In this chapter, the authors first review the definition of forgiveness, followed by this early cognitive work. They then turn to a discussion of the measurement of forgiveness correlates of forgiveness. The practical application of this construct is seen in the development of forgiveness therapy and forgiveness education, which the authors discuss in light of the empirical findings. Future directions for forgiveness studies are considered.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

scholarly journals Composing Arugat ha-Bosem: How Piyyut Commentary Became Associated with Ḥasidei Ashkenaz

2021 ◽  
Author(s):  
Elisabeth Hollender
Keyword(s):  
Present Article ◽  
Thirteenth Century ◽  
Open Book ◽  
Recent Scholarship ◽  
Definition Of ◽  
New Research ◽  
Hasidei Ashkenaz

AbstractBased on Ivan Marcus’s concept of “open book” and considerations on medieval Ashkenazic concepts of authorship, the present article inquires into the circumstances surrounding the production of SeferArugat ha-Bosem, a collection of piyyut commentaries written or compiled by the thirteenth-century scholar Abraham b. Azriel. Unlike all other piyyut commentators, Abraham ben Azriel inscribed his name into his commentary and claims to supersede previous commentaries, asserting authorship and authority. Based on the two different versions preserved in MS Vatican 301 and MS Merzbacher 95 (Frankfurt fol. 16), already in 1939 Ephraim E. Urbach suggested that Abraham b. Azriel might have written more than one edition of his piyyut commentaries. The present reevaluation considers recent scholarship on concepts of authorship and “open genre” as well as new research into piyyut commentary. To facilitate a comparison with Marcus’s definition of “open book,” this article also explores the arrangement and rearrangement of small blocks of texts within a work.

General Schema Theory for Genetic Programming with Subtree-Swapping Crossover: Part II

2003 ◽  
Vol 11 (2) ◽  
pp. 169-206 ◽  
Author(s):  
Riccardo Poli ◽  
Nicholas Freitag McPhee
Keyword(s):  
Genetic Programming ◽  
Schema Theory ◽  
Exact Formulation ◽  
Expected Number ◽  
Size Evolution ◽  
General Schema ◽  
Definition Of ◽  
Effective Fitness ◽  
Selection Of ◽  
Exact Definition

This paper is the second part of a two-part paper which introduces a general schema theory for genetic programming (GP) with subtree-swapping crossover (Part I (Poli and McPhee, 2003)). Like other recent GP schema theory results, the theory gives an exact formulation (rather than a lower bound) for the expected number of instances of a schema at the next generation. The theory is based on a Cartesian node reference system, introduced in Part I, and on the notion of a variable-arity hyperschema, introduced here, which generalises previous definitions of a schema. The theory includes two main theorems describing the propagation of GP schemata: a microscopic and a macroscopic schema theorem. The microscopic version is applicable to crossover operators which replace a subtree in one parent with a subtree from the other parent to produce the offspring. Therefore, this theorem is applicable to Koza's GP crossover with and without uniform selection of the crossover points, as well as one-point crossover, size-fair crossover, strongly-typed GP crossover, context-preserving crossover and many others. The macroscopic version is applicable to crossover operators in which the probability of selecting any two crossover points in the parents depends only on the parents' size and shape. In the paper we provide examples, we show how the theory can be specialised to specific crossover operators and we illustrate how it can be used to derive other general results. These include an exact definition of effective fitness and a size-evolution equation for GP with subtree-swapping crossover.

Erkundungen Von Gegenwelten: Zur Orientierungsleistung «mythischer» Reisen Am Beispiel Zweier Mesopotamischer Texte Erkundungen Von Gegenwelten: Zur Orientierungsleistung «mythischer» Reisen Am Beispiel Zweier Mesopotamischer Texte

Numen ◽  
2005 ◽  
Vol 52 (2) ◽  
pp. 226-254
Author(s):  
Daria Pezzoli-Olgiati
Keyword(s):  
Present Article ◽  
Religious Orientation ◽  
Human Life ◽  
Religious Symbol ◽  
Symbol Systems ◽  
Literary Sources ◽  
Similarities And Differences ◽  
Gilgamesh Epic ◽  
Definition Of

AbstractThe present article focuses on the function of mythic journeys with regard to the problem of death and the transience of human life in two selected Mesopotamian literary sources: the Gilgamesh-Epic IX–XI and the Descent of Ishtar to the Underworld. The selected texts are analysed and compared from the perspective of a functionalist definition of religious symbol systems, with particular attention to the transformation involved in travelling through different cosmic regions. The structure of the journey, the characterisation of the different regions visited by the protagonist, and the changes provoked by the mythic travel evince similarities and differences in the strategies employed to produce a religious orientation dealing with the ineluctable limits of life.

scholarly journals Defining the Threshold of Permissible Risk for Non-therapeutic Clinical Trials with Children in Europe

2017 ◽  
Vol 24 (4) ◽  
pp. 414-431
Author(s):  
Katherine Wade*
Keyword(s):  
Clinical Trials ◽  
Medical Care ◽  
Medicinal Products ◽  
Council Of Europe ◽  
Therapeutic Trials ◽  
Research With Children ◽  
Individual Trial ◽  
The One ◽  
Definition Of ◽  
Trial Participants

Abstract It is important that clinical research with children is encouraged so that they are not exposed to the dangers of extrapolation from adult treatments. Clinical trials with investigational medicinal products (imps) are an important part of improving medical care for children. Both the 2001 Clinical Trials Directive and the 2014 Regulation recognise the need for such research, including the need for non-therapeutic trials with imps. However, it is also recognised that a balance must be struck between permitting tailored medical care for children as a group on the one hand, and protecting individual trial participants from harm on the other. A central issue in striking this balance relates to defining the threshold of risk which should be permitted in such research. This article provides a critical analysis of the current European law in relation to the definition of acceptable risk for non-therapeutic clinical trials with imps and makes recommendations for reform, drawing on law from the Council of Europe, as well as law from the us.

Labour Exploitation in Human Trafficking Law

2021 ◽  
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Organized Crime ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Labour Exploitation ◽  
Women And Children ◽  
United Nations Convention ◽  
Definition Of ◽  
Agreed Definition

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

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