scholarly journals Konstytucyjność uregulowań w zakresie nadzoru fachowego nad szkołami wyższymi w Polsce na gruncie ustawy Prawo o szkolnictwie wyższym i nauce

2020 ◽  
Vol 25 (4) ◽  
pp. 15-33
Author(s):  
Agnieszka Bednarczyk-Płachta ◽  

The Polish Accreditation Committee (Polska Komisja Akredytacyjna – further as „PKA”) is an entity authorised to conduct control activities supporting the minister’s supervisory competencies. The institution aroused great controversy from the very beginning. The procedures and operating principles, as part of professional supervision, have been declared as unconstitutional. Despite the fact that the decisions issued by the Constitutional Tribunal are generally applicable, it’s not known why the legislator feels he is released from his obligation to comply with the Tribunal’s decisions, putting into legal circulation regulations which are already considered unconstitutional. In the field of regulations on professional supervision over universities the presented situation not only undermines the fundamental rights of universities, as entities external to public administration, but also has the direct impact over citizens’ rights – students studying in controlled universities. The presented study discusses the law regulations of higher education and science in the scope of the procedures and competences given to the PKA in terms of their compliance with the Constitution. Comparing previously applicable higher education law before and after Constitutional Tribunal’s passed verdict from 2013 (which stated the unconstitutionality of regulations in the scope of the control procedure carried out by PKA) with applicable law allows to support the thesis about the unconstitutionality of new regulations introduced in this respect and depriving universities of the right to an effective defence. Derived conclusions clearly indicates that the new law, which in its assumptions was to be better and revolutionize higher education in Poland, is another legal act requiring a thorough change from the very beginning, which does not improve the legal situation of universities in Poland in the examined scope, and in some aspects makes the situation much worse.

2008 ◽  
Vol 10 (2) ◽  
pp. 187-217 ◽  
Author(s):  
Boštjan Zalar

AbstractThe author identifies the initial challenging questions that will be posed to judges in relation to the application of implementing act and the Procedures Directive. The arguments put forth are directed towards the need for interpreting the transposition act and the minimum standards from the Procedures Directive in a way that would be consistent with the international and constitutional human rights law standards. The actual situation and prospects of this challenge for the case of Slovenia are examined from the period before and after the adoption of the Procedures Directive through the analysis of administrative practice and jurisprudence in relation to the grounds for abuse of the asylum procedure within the accelerated procedure, the procedural requirements for the use of country of origin information and the right to free legal assistance. In the section on the main challenges for the protection of fundamental rights in relation to the Procedures Directive, the author focuses on methods of interpreting Community law, the question of the scope of Community law, the concept of judicial cooperation for the protection of human rights, conditions for annulling Community provisions due to violation of fundamental rights, and the effects of international law standards on the protection of fundamental rights under Community law.


2020 ◽  
pp. 1-18
Author(s):  
Michael Palmer

Abstract In the People's Republic of China, the 2015 (revised) Higher Education Law provides that citizens enjoy the right to receive higher education. That legal ideal, however, is not easy to implement in practice. One important issue in higher education is the extent to which in law and in practice the educational rights and interests of students with disabilities are realized. In anticipation of difficulties, the same law specifically requires Chinese higher education institutions to enrol disabled students who meet the relevant admission qualifications and it explicitly prohibits rejection on grounds of disability. Admission standards and processes, however, remain a problem, as do social attitudes to disability, and other difficulties persist in securing the rights and interests of disabled persons in higher education. The complications that arise remain significantly under researched and are not explicitly addressed in the Higher Education Law. Proposals for reform are not likely to succeed without substantial changes in societal and governmental attitudes.


Author(s):  
Andrés Oscar De Cicco

Las técnicas de reproducción asistida han contribuido a que personas biológicamente imposibilitadas para concebir puedan acceder a servicios de atención médica relacionados a la salud reproductiva en igualdad de condiciones que el resto de los individuos y, de ese modo, ver cumplimentado no solo su derecho humano de acceso a la salud, sino un conjunto de derechos fundamentales análogos como es el derecho a la vida privada y familiar y el derecho a formar una familia. En esta dirección, procederé a analizar la sentencia "Artavia Murillo vs. Costa Rica" dictada por la Corte Interamericana de Derechos Humanos. Si bien la sentencia recae sobre un caso en concreto, significó en la región un antes y un después en materia de derechos humanos y derechos reproductivos en particular, ya que recae sobre un tema en el que, aún en la actualidad, no existe un consenso político ni moral.   Assisted reproduction techniques have contributed to the fact that people who are biologically unable to conceive can access to health care services related to reproductive health on equal terms with the rest of the individuals and, consequently, not only have their human rights to access to health fulfilled, but a set of similar fundamental rights such as the right to private and family life and the right to found a family. In this direction, I will proceed to analyze the judgment "Artavia Murillo vs. Costa Rica" issued by the Inter-American Court of Human Rights. Although the sentence falls on a specific case, it meant a before-and-after in the region in terms of ​​human rights and reproductive rights in particular, since it falls on an issue on which even today there is no political or moral consensus.


1992 ◽  
Vol 68 (05) ◽  
pp. 500-505 ◽  
Author(s):  
Ch M Samama ◽  
Ph Bonnin ◽  
M Bonneau ◽  
G Pignaud ◽  
E Mazoyer ◽  
...  

SummaryWe investigated the comparative antithrombotic properties of clopidogrel, an analogue of ticlopidine, and aspirin, using the Folts' model on femoral arteries in 22 pigs. On each animal, clopidogrel or aspirin were used to treat the thrombotic process on the left femoral artery and to prevent this process on the right femoral artery. Sequentially: an injury and stenosis were carried out on the left femoral artery; the thrombotic process was monitored with a Doppler during a 30-min observation period for cyclic flow reductions or permanent cessation of flow; after the first cyclic flow reduction occurred, clopidogrel (5 mg kg-1) or aspirin (2.5, 5, 100 mg kg-1) were injected intravenously; if cyclic flow reductions were abolished, epinephrine (0.4 µg kg-1 min-1) was injected to try to restore cyclic flow reductions and/or permanent cessation of flow; then injury and stenosis were applied on the right femoral artery. Before and after injection of clopidogrel or aspirin, ear immersion bleeding times and ex-vivo platelet aggregation were performed. Clopidogrel (n = 7) abolished cyclic flow reductions in all animals and epinephrine did not restore any cyclic flow reduction. On the right femoral artery, cyclic flow reductions were efficiently prevented, even for two injuries. Basal bleeding time (5 min 28) was lengthened (>15 min, 30 min after clopidogrel and remained prolonged even after 24 h). ADP-induced platelet aggregation was inhibited (more than 78%). Comparatively, aspirin had a moderate and no dose-dependent effect. Aspirin 2.5 mg kg-1 (n = 6) abolished cyclic flow reductions in 2 animals, CFR reoccurred spontaneously in one animal and epinephrine restored it in a second animal. Aspirin 5 mg kg-1 (n = 6) abolished cyclic flow reductions in only 3 animals and epinephrine always restored it. Aspirin 100 mg kg-1 (n = 3) was unable to abolish cyclic flow reductions. On the right femoral artery, aspirin did not significantly prevent cyclic flow reductions which occurred in all animals after one (n = 14) or two injuries (n = 1), except for one animal. Basal bleeding time was lengthened but it shortened rapidly, reaching its basal value after 24 h. ADP-induced aggregation was not significantly inhibited, whereas arachidonic acid induced aggregation was always inhibited. Clopidogrel appears as a more potent antithrombotic drug than aspirin in this model, in treating and preventing spontaneous or epinephrine-induced cyclic flow reductions and lengthening bleeding time.


2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.


2013 ◽  
Vol 19 (1) ◽  
pp. 28
Author(s):  
Hamda Situmorang ◽  
Manihar Situmorang

Abstract Implementation of demonstration method in the teaching of chemistry is assigned as the right strategy to improve students’ achievement as it is proved that the method can bring an abstract concept to reality in the class. The study is conducted to vocational high school students in SMKN1 Pargetteng getteng Sengkut Pakfak Barat at accademic year 2013. The teaching has been carried out three cycles on the teaching of chemistry topic of colloid system. In the study, the class is divided into two class, experiment class and control class. The demontration method is used to teach students in experimental class while the teaching in control class is conducted with lecture method. Both are evaluated by using multiple choise tests before and after the teaching procedures, and the ability of students to answer the problems are assigned as students’ achievements. The results showed that demonstration method improved students’ achievement in chemistry. The students in experimental class who are taughed with demonstration method (M=19.08±0.74) have higher achievements compare with control class (M=12.91±2.52), and both are significantly different (tcalculation 22.85 > ttable 1.66). The effectivity of demostration method in experimental class (97%) is found higer compare to conventional method in control class (91%).


2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.


2016 ◽  
Vol 9 (14) ◽  
pp. 166-181
Author(s):  
Elvis Pinzón Laitón

El escrito demuestra que los(as) jóvenes del sector ru- ral, con relación a la educación superior, requieren de una pronta y justa atención por parte del Estado para ayudarlos(as) a superar las dificultades que afrontan una vez terminan la educación media, de modo que no vean frustrado el desarrollo de su proyecto de vida. Enfatiza en la importancia de la formulación y ejecución de polí- ticas públicas claras y adecuadas a las necesidades de los egresados de aquellos municipios distantes a las universi- dades, caso específico los de Tununguá, Boyacá, Colom- bia. Defiende la educación como el medio más importante para el desarrollo del sector rural en el país; esto implica cobertura, ayuda económica, orientación a las familias y compromiso del (la) joven para hacer parte de procesos formativos a nivel profesional en el campo de conocimien- to de su preferencia, y de esta forma acceder a otros estilos de vida para su familia, en el marco de un país que recono- ce el derecho a la igualdad.The writing shows that the young’s of the rural sector in relation to higher education, require a prompt and fair attention of the state to help to overcome the difficulties they face once, they finish their media education studies, frustrating the development of the life project, of each teenage, which is built in this time lapse. It focuses on the importance of the formulation and execution of clear public politics suitable to the necessity of the graduates of those towns distant of the universities as is the specific case of Tununguá (Boyacá, Colombia). It defends the ed- ucation line the most suitable media for the development of the rural sector in our country. It implies coverage, economic help, orientation to the families and commit- ment of the young to make part of formative processes at professional level in the knowledge field the student selects and on this way to get other life styles for their families inside the framework of a country that promul- gates the right to equality. 


2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.


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