scholarly journals THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS

2018 ◽  
Vol 4 (5-6) ◽  
pp. 328-346
Author(s):  
Allan Rocha de Souza ◽  
Alexandre De Serpa Pinto Fairbanks
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
The Political ◽  
International Treaties ◽  
Judicial Interpretation ◽  
Treaty Ratification ◽  
Political Processes ◽  
Legislative Procedures ◽  
Official Sources ◽  
Marrakesh Treaty

This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.

scholarly journals THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS

2018 ◽  
Vol 4 (5-6) ◽  
pp. 328-346
Author(s):  
Allan Rocha de Souza ◽  
Alexandre De Serpa Pinto Fairbanks
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
The Political ◽  
International Treaties ◽  
Judicial Interpretation ◽  
Treaty Ratification ◽  
Political Processes ◽  
Legislative Procedures ◽  
Official Sources ◽  
Marrakesh Treaty

This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.

scholarly journals THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS

2018 ◽  
Vol 4 (5-6) ◽  
pp. 328-346
Author(s):  
Allan Rocha de Souza ◽  
Alexandre De Serpa Pinto Fairbanks
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
The Political ◽  
International Treaties ◽  
Judicial Interpretation ◽  
Treaty Ratification ◽  
Political Processes ◽  
Legislative Procedures ◽  
Official Sources ◽  
Marrakesh Treaty

This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.

scholarly journals THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS

2017 ◽  
Vol 4 (5-6) ◽  
pp. 328-346
Author(s):  
Allan Rocha de Souza ◽  
Alexandre De Serpa Pinto Fairbanks
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
The Political ◽  
International Treaties ◽  
Judicial Interpretation ◽  
Treaty Ratification ◽  
Political Processes ◽  
Legislative Procedures ◽  
Official Sources ◽  
Marrakesh Treaty

This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.

Race, Politics, and the Affordable Care Act

2020 ◽  
Vol 45 (4) ◽  
pp. 547-566 ◽  
Author(s):  
Jamila Michener
Keyword(s):  
Public Policy ◽  
Affordable Care Act ◽  
The United States ◽  
The Political ◽  
Racial Justice ◽  
Political Processes ◽  
Race Politics ◽  
Critical Tension ◽  
The Affordable Care Act ◽  
Do So

Abstract The political processes surrounding the Affordable Care Act (ACA) offer valuable lessons about race and politics in the United States. In particular, the ACA underscores a critical tension between politics and policy in a racialized polity: even when policies are intended to target and address racial disparities, politics can undermine the steps necessary to do so. Close scrutiny of the ACA during its first decade reveals how race intersects with politics to render public policy less equitable and more vulnerable to erosion. Ultimately, this analysis points to the ways that racialized political processes are formidable barriers to equitable material outcomes. By examining such processes and making them visible, this article elucidates the possibilities, limits, and contours of public policy as a mechanism for achieving racial justice.

scholarly journals Do Princípio à Prática: um estudo sobre as políticas públicas para direitos humanos e o caso do refúgio no Canadá

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Gustavo Do Amaral Loureiro ◽  
Luiz Felipy Dos Santos Costa Leomil
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Public Policies ◽  
International Community ◽  
International Treaties ◽  
Legal Power ◽  
Politica Publica ◽  
Point Of Reference

Os Direitos Humanos são princípios que orientam ou devem orientar as ações dos Estados, sociedades e indivíduos, porém, estes não possuem necessariamente o poder de configurar obrigações jurídicas. Bucci (2001) argumenta que para transformá-los de princípios em instrumentos com poder de regra, é necessário estabelecer políticas públicas para direitos humanos. Assim, este trabalho busca verificar a hipótese da autora através de um estudo de caso  sobre o sistema de refúgio no Canadá a fim de observar os efeitos causados pela construção de uma política pública apropriada para abordar o problema em questão. O país, que aderiu tardiamente aos acordos internacionais sobre o refúgio, não somente adequou-se às normas propostas pela comunidade internacional, comotornou-se referência na recepção, proteção e reassentamento de refugiados.Palavras-chave: Políticas Públicas, Direitos Humanos, Canadá.ABSTRACTHuman Rights are principles that guide, or should guide, the actions of States and societies and individuals, but they don’t necessarily have the power to create judicial obligations. Bucci (2001) states that the path to transform them from principles to tools with legal power, it is necessary to develop public policies for human rights. Therefore, this work aspires to verify the author’s hypothesis through a case study on Canada’s refuge system to observe the effects of the development of an appropriate public policy to this end. The country, a late adherent to the international treaties on refugees, not only adapted to the norms proposed by the international community but also became a point of reference for the reception, protection and resettlement of refugees.Keywords: Public Policies, Human Rights, Canada.Recebido em: 11 fev. 2019 | Aceito em: 03 dez. 2019

The institutional providing of informative human rights and freedoms in Ukraine

2017 ◽  
pp. 199-205
Author(s):  
Uliana Heviuk ◽  
Iryna Ravlyk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Freedom Of Speech ◽  
The Political ◽  
Access To Information ◽  
Political Processes ◽  
Legal Documents ◽  
Institutional System ◽  
Principles And Standards ◽  
Right To Information

Modern political processes in Ukraine are characterized not only dynamic but also expansion of circle of subjects, improvement of existing and claim of new institutes of the state and institutes of civil society. In the article the institutional providing of informative human rights and freedoms is investigated in Ukraine. Authors are carry out the analysis of international normatively-legal documents and norms of the Ukrainian legislation, the generally accepted principles and standards of realization of informative human rights are certain in that. Investigating the features of the institutional system of providing of informative human rights and freedoms, authors came to the conclusion, that a key role in her belongs to Verkhovna Rada of Ukraine, President of Ukraine, executive bodies, organs of local self-government, and also institutes of public society, that execute the plenary powers in obedience to the norms of legislation. On the basis of analysis of normative constituent of functioning of informative sphere, it should be noted that providing of informative human rights and freedoms is expressed in the legislative guarantees of freedom of speech and access to information for every citizen. In the practical measuring, a person has a right freely to expound the political looks that does not conflict with the norms of constitution, and also without difficulty to get complete and objective information. Keywords: International normatively-legal acts, human rights and freedoms, informative rights and freedoms of man, a right to information, institutional system of human rights and freedoms

scholarly journals The Interpretation of Human Rights according to International Treaties: Notes for their Jurisdictional Application in Mexico

2016 ◽  
pp. 1-23
Author(s):  
Geofredo Angulo López
Keyword(s):  
United States ◽  
Human Rights ◽  
The State ◽  
The Political ◽  
State Function ◽  
International Treaties

The reform of article 1 of the Political Constitution of the Mexican United States in June 2011, has incorporated into the constitutional text the clause of interpretation according to international treaties on human rights as the hermeneutic criteria which domestic judges must adopt in their verdicts. This clause reflects an evolutionary tendency which the Constitutional States are adopting, generating a new understanding of the state function as a whole, especially of the judiciary function. Despite this aperture, which enables the application of this type of hermeneutic techniques, it is possible to see how in some jurisprudential criteria a restraining posture is adopted towards international regulatory contents in human rights, leaving aside the possibility of an interpretative process of harmonization

scholarly journals ASEAN, Anti-Politics, and Human Rights

2017 ◽  
Author(s):  
Kelly Gerard
Keyword(s):  
Human Rights ◽  
The Political ◽  
Human Rights Abuses ◽  
Political Processes ◽  
Structural Context ◽  
Recent Reform ◽  
Normative Change

Through the lens of the ASEAN Intergovernmental Commission on Human Rights (AICHR), this chapter considers the political impacts of ASEAN’s recent reform. Prevailing explanations of why and how ASEAN has come to govern human rights frame this as a process of normative change. This chapter departs from these accounts by examining the structural context in which political processes have been reformed, considering how human rights governance has been rescaled and restructured, the drivers of this process, and whose interests these reforms advance. The chapter highlights the AICHR’s depoliticizing impacts at the level of the polity and at the level of politics, where ASEAN’s elites have been empowered as opposed to rights advocates. The chapter argues that the AICHR gives the appearance of expanding rights protections, while enabling elites to manage conflicts over human rights abuses according to their preferences.

The crisis of detention and the politics of denial in Latin America

2016 ◽  
Vol 98 (903) ◽  
pp. 889-916
Author(s):  
Paul Hathazy ◽  
Markus-Michael Müller
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
The Political ◽  
Prison Violence ◽  
Human Rights Abuses ◽  
Political Processes ◽  
Prison Systems ◽  
The One

AbstractThis article assesses the causes of the crisis of detention in Latin America. It is argued that this crisis, which manifests itself in overpopulation of the region's prison systems, deficient infrastructure, prison informality and violence propelled ultimately by political processes, is mostly related to, on the one hand, disastrous human rights conditions inside Latin American prisons, and on other, the political denial of these conditions. This denial produces a state of institutional abandonment that is preserved by the interests of politicians and bureaucrats, who are engaged in denying prison violence and human rights abuses while simultaneously calling for more punishment and imprisonment.

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