scholarly journals Aantekeninge oor die Wet op Huurbehuising 50 van 1999

2017 ◽  
Vol 5 (1) ◽  
pp. 1 ◽  
Author(s):  
SPLR De la Harpe
Keyword(s):  
Rental Housing ◽  
Fundamental Rights ◽  
Rent Control ◽  
Lower Income ◽  
The Right To Privacy ◽  
Income Groups ◽  
Bona Fide ◽  
The Right ◽  
To Receive ◽  
The Relationship

On 1 August 2000 the Rental Housing Act 50 of 1999 came into operation. This is a typical example of an act which attempts to, in conjunction with the private sector, provide for third generation fundamental rights. This note concentrates on the influence of the act on the contractual aspects of the rental agreement.Sections 4 and 5 have a direct influence on the relationship between the landlord and tenant. In particular matters like unfair discrimination and the right to privacy are addressed. Certain rights are afforded to third parties namely the members of the tenant’s household and bona fide visitors.Important aspects are inter alia the right to have the agreement reduced to writing and the provisions which are deemed to be contained in the agreement. This includes, amongst others, the right to receive receipts, certain information, payment of a deposit, interest on the deposit and the inspection of the property.The conclusion is made that the act is a welcome replacement of the Rent Control Act. There are however certain practicalities which could jeopardise the success of the act.  It is unlikely that the provinces have the capacity to implement the act. The protection provided by the act to the lower income groups may not materialise as they often do not know their rights and would often rather suffer the bad living conditions than risking the possibility of loosing it altogether by complaining.

“The Right to Lease and Occupy a Home”

2017 ◽  
Author(s):  
Roberta Gold
Keyword(s):  
Public Policy ◽  
New York ◽  
Civil Rights ◽  
Public Housing ◽  
Supply And Demand ◽  
Rental Housing ◽  
Rent Control ◽  
Private Housing ◽  
The Right ◽  
The Relationship

This chapter examines how tenants addressed three public policy questions: public housing, slum clearance, and civil rights. The rent-control statutes that tenants vigorously defended served to moderate prices that would otherwise be set higher by the law of supply and demand. However, many tenants and housers were aware that rent control was a superficial fix. The underlying problem was scarcity of housing and a consequent landlord's market. Therefore from the Depression onward, the city's tenants and their allies also promoted programs to build new rental units and improve old ones. The chapter considers how these efforts extended “New York exceptionalism” in two important ways: expansion of public housing and the opening of a new arena for black struggle. It also explores how New York exceptionalism extended into the private housing market and discusses the relationship between rental housing and black progress. It shows that, by organizing widely and using the courts and formal politics, tenants managed to hold the line on some of the gains they had made before and during the war.

scholarly journals The Horizontal Effects of Charter Rights Given Expression to in EU Legislation, from Mangold to Bauer

2019 ◽  
Vol 12 (2) ◽  
pp. 185-215
Author(s):  
Elise Muir
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Special Issue ◽  
Max Planck ◽  
Eu Legislation ◽  
Scope Of Application ◽  
Effective Remedy ◽  
The Right ◽  
The Relationship ◽  
Eu Fundamental Rights

This paper investigates the relationship between legislative provisions and fundamental rights by analyzing the Egenberger, IR, Bauer, Max-Planck and Cresco cases. This paper understands these cases as an invitation to reflect on whether, and if so, to what extent, EU fundamental rights' legislation, read in conjunction with the Charter, could have an impact on the scope of application, substance and/or legal effects of the Charter. This paper argues that the Court of Justice's recent case law can be understood as allowing for EU legislative guidance on fundamental rights to interact in an upward process with the rights enshrined in norms with the same rank as EU primary law. This paper sheds light on the constitutional implications of the overlaps between legislation and constitutional norms on fundamental norms while other contributions in this special issue address effectiveness and the right to an effective remedy in a broader sense.

scholarly journals Dua Sisi Gelap Covid-19 : Dilematis Antara Keterbukaan Data Identitas Penderita Covid-19 Dan Transparansi Data Publik Dalam Rangka Menekan Stigmatisasi

2021 ◽  
Vol 1 (2) ◽  
pp. 73-85
Author(s):  
Yohanes Firmansyah ◽  
Imam Haryanto
Keyword(s):  
Information Disclosure ◽  
Human Life ◽  
Psychological Impact ◽  
Health Economy ◽  
Privacy Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right ◽  
The Impact ◽  
The Relationship

The Covid-19 case has had a huge influence on all aspects of human life, starting from health, economy, sosial, law, and many more. The COVID-19 pandemic has caused various frictions between various interests, one of which is a clash between individual interests and community interests. One of the obvious things about this problem is regarding the impact of COVID-19 in the field of sociology, especially the relationship between individuals, especially the issue of community stigmatization regarding infectious diseases, the dilemma between the privacy rights of the identity of COVID-19 patients and the disclosure of publik data on COVID-19 patients with various risks will injure and cause multiple material and immaterial losses. On the other hand, Covid-19 also raises various sosial-psychological problems and legal problems that still do not regulate all aspects of human life. This paper describes the sociological elements of COVID-19, the right to privacy, publik information disclosure, and the sosial-psychological impact of COVID-19, along with a juridical review of the right to privacy and publik disclosure of information regarding the transparency of COVID-19.

scholarly journals Akibat Hukum dalam Pewarisan dari Pelaksanaan Pengangkatan Anak oleh Orang Tua Tunggal

2020 ◽  
Vol 1 (2) ◽  
pp. 181-185
Author(s):  
Condro Putri Dewi Hartaka
Keyword(s):  
Foster Parents ◽  
Birth Certificate ◽  
Single Parents ◽  
Foster Child ◽  
Whole Person ◽  
The Family ◽  
The Right ◽  
To Receive ◽  
The Relationship ◽  
General Adoption

The child is the mandate of the Grace Of God Almighty, and inside there is something that is attached as the dignity and status as a whole person. Along with the time on it right now is the mindset of society as it advances and growing, such as the parents who are unable to finance the future of the child and that’s why the purpose of adoption the child is not only to get the child but also for the welfare of children. And in Indonesia allow the implementation of the adoption by single parents, a woman or a man who is not married and who have been married but no longer bound in wedlock (widow or widower). Adoption of the child by single parents can only be done by the Citizens Of Indonesia after obtaining permission from ministers and the granting of permission can be ordered to agencies in the province. Adoption by single parents same thing with the adoption of children by parents in general. Adoption does not cause the relationship between children with real parents to be disconected, because most of the child who is in was from the family. Adoption of the child must be listed in a birth certificate, by not eliminate the identity of the beginning. Foster child are entitled to receive heir from the foster parents and also have the right heir from the real parents.

scholarly journals Authoritarianism and privacy: The moderating role of terrorism

2017 ◽  
Vol 15 (3/4) ◽  
pp. 573-581 ◽  
Author(s):  
Gareth Norris
Keyword(s):  
Survey Data ◽  
Civil Liberties ◽  
Social Attitudes ◽  
Right Wing ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right ◽  
The Relationship ◽  
Moderating Role

The resurgence in interest in authoritarianism has been linked to a rise in the acceptance of right-wing ideology and also restrictions on civil liberties, particularly in relation to surveillance and the right to privacy. Whilst we can observe simple correlations between these variables, the dynamics of threat are more complex to understand. The analysis reported here demonstrates how the relationship between authoritarianism and the curtailment of civil liberties is moderated by the threat of terrorism. Using 2005 British Social Attitudes survey data, collected either side of the 7/7 bombings, comparisons between the pre-post samples indicate that the threat of terrorism activates authoritarian tendencies and reduces the protection of rights to privacy from government. Interestingly and importantly, reactions to terrorism in the form of a change in opinion regarding civil liberties for those scoring higher in authoritarianism remained almost constant between the two periods. The results provide support for understanding how minority opinions (removal of rights to privacy) can become majority views during times of threat.

scholarly journals The right to paid annual leave as an EU fundamental social right. Comment on Bauer et al.: Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn, EU:C:2018:871

2019 ◽  
Vol 26 (3) ◽  
pp. 441-448
Author(s):  
Maria Antonia Panascì
Keyword(s):  
European Union ◽  
Case Note ◽  
Fundamental Rights ◽  
The European Union ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
Scope Of Application ◽  
The Right ◽  
The Relationship ◽  
Horizontal Direct Effect

This case note examines the judgment of Court of Justice of the European Union delivered in Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn on 6 November 2018. It engages with the noteworthy aspects of the ruling, such as the horizontal direct effect of the Charter of Fundamental Rights of the European Union (the Charter), the relationship between primary and secondary law in the European Union legal order and the scope of application of the Charter.

Human Rights in Germany – A View from Germany's National Human Rights Institution

2016 ◽  
Vol 44 (1) ◽  
pp. 50-58
Author(s):  
Beate Rudolf
Keyword(s):  
Human Rights ◽  
Added Value ◽  
International Human Rights Law ◽  
Persons With Disabilities ◽  
The Right To Privacy ◽  
National Human ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Relationship

AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.

scholarly journals Consensus Ad Idem: A Plea for Objectivity in Telephonic Contracts

2017 ◽  
Vol 6 (1) ◽  
pp. 41-56
Author(s):  
D Ganesh Kumar ◽  
Akshay Douglas Gudinho
Keyword(s):  
Freedom Of Speech ◽  
Contract Law ◽  
Fundamental Rights ◽  
Objective Analysis ◽  
Due Diligence ◽  
Legal Certainty ◽  
The Right To Privacy ◽  
The Subject ◽  
The Right ◽  
Made In

Consensus Ad Idem, legally defined as „meeting of minds‟, at the time of the formation of a contract, warrants a cardinal jurisprudential question which transcends its mere literal meaning. In Indian Contract Law, the trend has followed the test of objectivity, whereby it is not the actual intent of the party or parties that enter into the contract that is the subject of judicial evaluation, but it is what a reasonable man would deliberate in the peculiar circumstances of the case. However, the evaluation of telephonic conversations merit intrinsic jurisprudential insight. While applying the objective test, the questions that arise are - is there legal certainty of assent to a contract over telephonic conversations i.e. whether there is free consent. Do the parties have the capacity to contract over telephone? What are the liabilities of the telephone operator and his legal bond to the contract between two or more contracting parties? Does it amount to violation of the fundamental rights to freedom of speech and expression and the right to privacy? The authors attempt to provide an objective analysis of communication in contracts over telephonic means and the constitutional environment embedded therein. To this end, a plea for due diligence prior to the formation of telephonic contracts shall be made in order to bring objectivity to the judicial evaluation of telephonic contracts.

scholarly journals Prawo do prywatności osób prawnych podczas kontroli przedsiębiorstwa dokonywanej przez Komisję Europejską

2017 ◽  
Vol 107 ◽  
pp. 11-25
Author(s):  
Marta De Bazelaire De Ruppierre
Keyword(s):  
Competition Law ◽  
Fundamental Rights ◽  
Eu Law ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

THE RIGHT TO PRIVACY OF LEGAL PERSONS DURING THE EUROPEAN COMMISSION’S INSPECTIONSThe paper aims to discuss the application of the Charter of Fundamental Rights by the EU institutions in competition law proceedings, showing as an example the respect for the right to privacy of undertakings during the inspections carried out by the European Commission. Although exercising the control powers of the Commission potentially collides with a number of fundamental rights expressed in the Charter, it is the analysis of Art. 7 CFR that allows to depict the evolution of the EU’s approach to privacy of legal persons, showing the accompanying judicial dialogue, or lack thereof, between the European Court of Human Rights and the Court of Justice of the EU. The article short-defines the dawn raids, examines the application of Article 7 CFR to legal persons, highlighting the aspects of protection of domicile and secrecy of correspondence, compares the standards provided by ECHR and EU law, pondering also on how the CFR guarantees can be provided and effectively controlled. It also reflects on the issue whether the Court of Justice has a forerunner role in promoting fundamental rights of undertakings in matters of competition law.

scholarly journals Some Aspects of the Rights of Tax Payers in the Light of the Tax Reforms // Neki aspekti prava poreskih obveznika u svjetlu poreskih reformi

2018 ◽  
Vol 8 (8) ◽  
pp. 169
Author(s):  
Zorica Drljača
Keyword(s):  
Tax Administration ◽  
Tax Reforms ◽  
The Right To Privacy ◽  
Legal Provisions ◽  
The Republic ◽  
Right To Information ◽  
The Right ◽  
Republika Srpska ◽  
Tax Payers ◽  
The Relationship

The protection of taxpayers’ rights is an important issue of any democratic country, as it concerns matters related to basic human rights and freedoms. When we take into account basic components of taxpayers’ rights in most of the developed European countries, such as the right to information and assistance, the right to appeal, the right to the consistent application of legal provisions, the right to security, the right to privacy and the right to data secrecy and confidentiality, we can deduce that those rights are also recognized to the taxpayers in Republika Srpska. In order to further improve the relationship between the Tax Administration and the taxpayers in the Republika Srpska, we suggest that the Tax Administration, following the example of the Tax Administration of the Republic of Serbia and the tax authorities of other countries, should in future activities draw up the Charter of Taxpayers which would represent a full affirmation of their rights and an additional aspect of the Tax Administration’s openness towards taxpayers. In the future, the Tax Administration should also consider the possibility of setting up tax ombudsman institutions as well as specialized tax courts before which tax disputes would be conducted.

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