scholarly journals Direito ao meio ambiente saudável: implicações do uso e acesso aos recursos naturais na perspectiva das políticas para mulheres no Brasil

2021 ◽  
Author(s):  
Maria Eliane Alves Sousa
Keyword(s):  
Social Inclusion ◽  
Legal Aspects ◽  
Healthy Environment ◽  
Sustainable Environment ◽  
Role Of The State ◽  
Institutional Cooperation ◽  
Women And Girls ◽  
The Right ◽  
Forms Of Violence

Resumo: Este artigo aborda os direitos de proteção das mulheres no contexto do meio ambiente. O objetivo é identificar, nas ações estratégicas do Plano Nacional de Políticas para Mulheres, a defesa ao acesso às fontes de energia eficientes e o combate às formas de violência contra as mulheres e meninas geradas por setores de grandes obras. Os Planos revelam que as mulheres são mais afetadas pela falta de acesso e insegurança quanto à disponibilidade e gestão sustentável da água e saneamento; e pela insegurança quanto ao acesso confiável, sustentável, moderno e a preço acessível à energia para todos, situações agravadas pelo mau uso dos recursos e mudanças climáticas. Os efeitos das grandes obras sobre as mulheres são o crescimento da prostituição e da violência, devido à exclusão do mercado de trabalho, deixando-as sem alternativas e mais vulneráveis. Conclui-se que, a defesa e garantia do direito ao meio ambiente saudável e sustentável, em relação aos aspectos legislativos e jurídicos é papel do Estado. A sociedade civil pode enfrentar atos que violam esse direito mediante, por exemplo, cooperação organizacional e institucional e ações educativas. Palavras-chave: direitos das mulheres, bioética, meio ambiente saudável, justiça social, combate à violência, inclusão social.Abstract: This article addresses women's protection rights in the context of the environment. The objective is to identify, in the strategic actions of the National Plan of Policies for Women, the defense of access to efficient energy sources and the fight against forms of violence against women and girls generated by sectors of major works. The Plans consider that women and girls are most affected by the lack of access and insecurity regarding the availability and sustainable management of water and sanitation; and insecurity as to reliable, sustainable, modern and affordable access to energy for all, situations aggravated by the misuse of resources and climate change. The effects of large companies on women are the growth of prostitution and violence, due to exclusion from the labor market, leaving them without alternatives and more vulnerable. It is concluded that the defense and guarantee of the right to a healthy and sustainable environment, in relation to legislative and legal aspects, is the role of the State. Civil society can face acts that violate this right through, for example, organizational and institutional cooperation and educational actions.  Keywords: women's rights, bioethics, healthy environment, social justice, combating violence, social inclusion.

scholarly journals Legal aspects of technical assistance in urban landholding regularization provided for in the Brazilian Law 11888/2008 and its impact in the state of Paraíba, Brazil

2019 ◽  
Vol 10 (2) ◽  
pp. 20-32
Author(s):  
George Baracuhy Cruz Viana ◽  
Edson Ricardo Saleme
Keyword(s):  
Low Income ◽  
Technical Assistance ◽  
Legal Aspects ◽  
The State ◽  
Sustainable Environment ◽  
Role Of The State ◽  
Deductive Method ◽  
Low Income Families ◽  
The Individual ◽  
The Right

This paper analyzes the role of the state in its mission of ensuring the existence of sustainable cities with adequate housing and meeting the standards set by current legal dictates. For this purpose, firstly, the right to housing guaranteed by the current Constitution, in its article 6 caput, is assessed as one of the most basic needs of the individual, considered a fundamental right since 1948 by the Universal Declaration of Human Rights. This paper also investigates the guarantee of decent housing for the citizen is effective, as provided for in the City Statute, Law No. 10257, 2001, especially with the publication of Law n. 11.888 /2008, which guarantees free public assistance in the project and construction of social housing for low-income families. This rule regulates the hiring of professionals who, while preserving their urban legislation, ensure compliance with an adequately sustainable environment. This article will use the hypothetical-deductive method and the bibliographic research methodology.  

Equity and the Right to Do Wrong

2020 ◽  
pp. 72-91
Author(s):  
Andrew S Gold
Keyword(s):  
The State ◽  
The Self ◽  
Role Of The State ◽  
The Right ◽  
The Relationship ◽  
Private Litigation ◽  
Better Than

This chapter discusses how the ‘stickler-enjoining’ account of equity has important limits. While many distinctive doctrines of equity can be understood to limit stickler behaviour, equity in fact often turns a blind eye to, and sometimes even enables, stickler behaviour. One can sort cases in which equity restrains sticklers from those in which it is indifferent to stickler behaviour if one attends to the role of the state in private litigation. Sometimes the state’s responsibilities require it to protect plaintiffs against sticklers. Other times, it requires it to protect the stickler, as a means, for example, of keeping as open as possible each person’s sphere of choices. Ultimately, the self-regarding account of equity sheds light on the question of the relationship between equity and justice: from the distinct perspective of the judgment, sometimes equitable justice is better than legal justice and sometimes legal justice is better than equitable justice.

Legal basis of the mechanism of implementation of the constitutional right to social security in the Russian Federation

2019 ◽  
Author(s):  
Павел Байматов ◽  
Pavel Baymatov
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Legal Basis ◽  
Role Of The State ◽  
Municipal Employees ◽  
Wide Range ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right

The monograph is a study of theoretical and practical problems associated with the implementation of the constitutional right of citizens to social security. It adequately covers the historical and contemporary issues of the right to social security in Russia, studying international experience. The book raises the problem of implementation of the constitutional right of citizens to social security in the Russian Federation in modern conditions, if necessary, reduce the paternalistic role of the state, proposed measures aimed at increasing the role of citizens, identified theses related to the search for the most optimal and effective forms of modernization of the mechanism of realization of the right to social security. The book is addressed to state and municipal employees, deputies of representative bodies of state power and local self-government, researchers, teachers, graduate students, students of Humanities and a wide range of readers.

scholarly journals Tax lien as a way to ensure the fulfillment of the constitutional obligation to pay taxes and fees

2020 ◽  
pp. 89-92
Author(s):  
Svitlana Hretsa
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Regime ◽  
Important Place ◽  
The Status ◽  
Protection Of Human Rights ◽  
History Of ◽  
The Right ◽  
Legal Mechanism

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.

scholarly journals The market as a mechanism for conflict resolution: the case of Ecuador

2017 ◽  
pp. 291-315
Author(s):  
Rubén Méndez Reátegui ◽  
Viviana Lescano ◽  
Mayra Mena
Keyword(s):  
Childhood And Adolescence ◽  
Political Rights ◽  
Institutional Barriers ◽  
Role Of The State ◽  
Starting Point ◽  
Efficiency And Effectiveness ◽  
Culture Of Peace ◽  
The Right ◽  
Conflict Resolutions

Efficacy, efficiency, and effectiveness are pillars in the field of law primarily referred to when the discussion focuses on access and the service of providing justice. As discussed by Landero (2014)1, conflict resolutions by means of alternative mechanisms, such as mediation, under the institutional framework, constitute guaran-tees to be respected in processes for which the provision may affect the rights of individuals. This has been well pointed out in Article 8 of the American Convention on Human Rights (2001)2, which regulates judicial guarantees and Article 14 of the International Covenant on Civil and Political Rights. Also, as intrinsic values of the legal system, the efficacy, efficiency and effectiveness have been extensively studied by doctrine contributions from Calsami-glia (1987)3, Paz-Ares and Valencia (1995)4, Mercuro and Medema (1998)5, Zywicki and Stringham (2010)6. However, presenting them operatively in a way that is related to how the evaluation mecha-nism is applied in order to have a better picture of the resolution of conflicts outside of court such as those confined within the field of childhood and adolescence through the market represents a novel contribution. In other words, it is a contribution that will assess the regressive performance (judged) compared to what is obtained by private instruments (mediation centers). The evaluation of alternative justice, specifically mediation for a diagnosis of the performance of this justice, and to contrast it with the trial, allows for mistakes and successes in the develop-ment of service justice in relation to the mechanisms for the reso-lution of conflicts outside of court in cases of childhood and adolescence as a starting point for subsequent evaluations. The guidelines state, specifically with regard to effective mediation, mediation initiatives that are improvised and uncoordinated by states but are launched with the best of intentions, do not contrib-ute to the objective of raising institutional barriers that limit the spontaneous appearance of a culture of peace and non-aggression for which the processes must have strong technical and financial support. In light of this, Marquez (2012)7 evaluated mediation in court, employing the “criteria” that he called; Efficacy, Efficiency and Effectiveness. Although the methodology that was introduced was similar to that of this document, Marquez (2012) defends the role of the state by arguing that it does not conceptualize the crite-ria, and definitions given for the right to mediation should not focus on the issues of resolving conflicts outside of court in cases of childhood and adolescence.

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

scholarly journals Evidence ν. rights-based decision making for nutrition

2003 ◽  
Vol 62 (2) ◽  
pp. 553-562 ◽  
Author(s):  
Roger Shrimpton
Keyword(s):  
Human Rights ◽  
Large Body ◽  
Well Being ◽  
Evidence Base ◽  
Wide Distribution ◽  
Role Of The State ◽  
Food And Nutrition ◽  
The Uk ◽  
The Right

The need for an evidence base for human nutrition action is analysed in the context of human rights. Over the last 50 years the twin tracks of development, economical needs based and normative rights based, have come progressively closer in terms of goals and objectives, even if they do maintain different orientations and origins. The international human rights machinery is described, together with those parts that are of relevance to the right to food and nutrition. The role of the State in respecting, protecting and facilitating these rights is further described. The evidence base for the benefit of nutrition interventions during the fetal and infant period to the health and well-being of populations throughout life's course is briefly reviewed, and reasons why such a large body of evidence has not been acted upon are discussed. The power of nutrition is in prevention more than cure, and the prevention of nutritional deficiency is best suited to radical population-wide strategies rather than high-risk strategies targeted at individuals. The population-wide distribution of benefits of nutrition is in congruence with universality of human rights. In the UK much remains to be done to ensure that food and nutrition rights are realised, especially during the critical period of fetal and infant growth. What role the Nutrition Society might play in the realisation of these rights, including the creation of a robust evidence base for nutrition action, is further discussed.

Globalisation, Competition and Economic Stability

Paradigm ◽  
1998 ◽  
Vol 1 (2) ◽  
pp. 14-31
Author(s):  
V. R. Panchamukhi
Keyword(s):  
Structural Changes ◽  
The State ◽  
Market Forces ◽  
Economic Stability ◽  
Tobin Tax ◽  
Role Of The State ◽  
The Right ◽  
Major Emphasis

The GLJP strategy is complemented by market fundamentalism, implying major emphasis on market forces and reduction in the role of the state. The systematic revolution also implies significant structural changes But the phenomenon is not without paradoxes and calls for cautious steps. Various lessons are to be learnt from the Mexican misery. The author discusses in detail about the right approach for India so that the country evades any misery. The concept of ‘Tobin Tax’ is worth examining.

scholarly journals “The Court of the Fatherland”

2021 ◽  
Vol 17 (2) ◽  
pp. 54-63
Author(s):  
A. V. Smirnov
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Criminal Cases ◽  
The Right ◽  
Law Making

The article deals with the problematic issues of the formation and development of the institution of trial by jury. Illuminated the question of the content and role of various conceptual approaches: is a jury a “court of the fatherland” or does it exist as long as the state sees its own interest in its existence. The author formulates his position on these approaches and their reflection in the legislation. The article also discusses the constitutional and legal aspects of the stated topic. In particular, the question of what is the constitutional and legal content of the right to trial by jury, and whether it can practically be reduced to zero by means of sectoral law-making, is raised and studied. The article examines the question of the competence of the jury-the categories of criminal cases that need to be considered. The article considers the problematic issues of the formation of a jury court and outlines possible ways to solve them.

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