Legal Provisions on the Status of Monks

2017 ◽  
pp. 151-182
Keyword(s):  
Legal Provisions ◽  
The Status

scholarly journals International protection of persons with mental disabilities

Temida ◽  
2007 ◽  
Vol 10 (3) ◽  
pp. 11-24
Author(s):  
Zoran Radivojevic ◽  
Nebojsa Raicevic
Keyword(s):  
Soft Law ◽  
The European Union ◽  
Mental Disabilities ◽  
International Treaties ◽  
Council Of Europe ◽  
International Protection ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
The Status ◽  
Special Protection

In International law, the status of persons with mental disabilities is regulated within the framework on the protection of persons with disabilities. Their rights are protected not only by international treaties comprising legal provisions of binding character for the parties but also by means of the so-called "soft law" comprising international documents which are not legally binding. Most of the general and subject specific treaties on human rights do not explicitly deal with the status of persons with disabilities. Only recently have some treaties been made containing legal provisions on special protection of persons with disabilities. The most important treaty of this kind is the UN Convention on the Rights of Persons with Disabilities, adopted in the year 2006. The protection of such persons is regulated in much more detail by "soft law" which includes a number of documents adopted by the UN, the Council of Europe and the European Union. Although most of these documents primarily pertain to the rights and the status of persons with disabilities, there are a few that exclusively deal with the protection of persons with mental disorder.

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

Status of Crime Victims in Bangladesh

2021 ◽  
pp. 251660692110572
Author(s):  
Mohammad Omar Faruk ◽  
Sanjeev P. Sahni ◽  
Gerd Ferdinand Kirchhoff
Keyword(s):  
Crime Victims ◽  
Legal Rights ◽  
Public Confidence ◽  
Criminal Cases ◽  
Colonial Legacy ◽  
Legal Provisions ◽  
The Status ◽  
The Face ◽  
Research Findings ◽  
Women And Children

Though a few provisions for the victim of crimes were indirectly recognized since the nineteenth century, from 2000 onwards, legal entitlements for crime victims are realized in Bangladesh with a specific focus on women and children. So far, few analyses are found to be performed mainly by the legal experts, emphasizing legal rights and remedies with recommendations for legal reform. However, studies on the status of victims’ rights seem to be incomplete without considering administrative as well as social reality—dominated by colonial legacy and traditional practices—beyond the written clauses in the law books. This study is one of the pioneering attempts in Bangladesh to understand the status of crime victims against the backdrop of recent legal changes and to examine the argument whether the legal provisions itself are enough in providing victims with intended benefits without simultaneous social and administrative changes. Within the theoretical framework of balancing victim’s rights and informal social control (victim blaming), this qualitative study (through content analysis) reviewed all criminal laws and research findings related to victim’s rights within a socio-legal approach in terms of victim’s access, participation, protection, services and compensation. Along with the rights legally granted to victims, available research findings were interpreted in connection to those particular rights. It is found that there are unsupportive social milieu, administrative subculture and political practices, where victims of crime are strongly restrained from enjoying their rights. Particularly, the status of crime victims is found to be undermined in the face of corruption, low public confidence on enforcing agencies, gross withdrawal or discharge of criminal cases on political grounds, limited geographical coverage of victim support services and shelter homes, lengthy process for compensation and unavailability of rules or guidelines to enforce the rights.

Identification of the Determinants of Rural Workforce Migration: A Study of Construction Segments in Udupi District, Karnataka, India

2020 ◽  
Vol 25 (2) ◽  
pp. 256-270
Author(s):  
Praveen Naik Bellampalli ◽  
Roopesh Kaushik
Keyword(s):  
Wage Distribution ◽  
Access To Education ◽  
Construction Sector ◽  
Residential Housing ◽  
Legal Provisions ◽  
Rural Workforce ◽  
Labour Market Segmentation ◽  
The Status ◽  
Informal Practices ◽  
Migrant Households

The article critically examines the migration process and the manner in which it affects the livelihood of migrants. Based on a survey in Udupi district of Karnataka, it identifies the status of migrant labourers in the construction sector. It presents evidence on labour market segmentation and the resulting unequal wage distribution between migrants in this segment. Migrants, at their destination, have poor living and working conditions, lack entitlements, have low level of consumption and endure hardship. Migrant households reported higher expenditure on food and non-food consumption and temporary residential housing. Children of migrants have limited access to education in the destination place. The article maps informal practices that violate the legal provisions for these work segments.

scholarly journals Implementation and performance of haemovigilance systems in 10 sub-saharan African countries is sub-optimal

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Washington T. Samukange ◽  
Verena Kluempers ◽  
Manvi Porwal ◽  
Linda Mudyiwenyama ◽  
Khamusi Mutoti ◽  
...  
Keyword(s):  
Human Resources ◽  
African Countries ◽  
Face To Face ◽  
Regulatory Processes ◽  
Legal Provisions ◽  
The Status ◽  
Sub Saharan ◽  
And Performance ◽  
Set Up ◽  
Regulations And Guidelines

Abstract Background Haemovigilance is an important element of blood regulation. It includes collecting and evaluating the information on adverse events resulting from the use of blood and blood components with the aim to improve donor and patient safety. We describe the results of the pilot of the integrated GBT+ Blood for the haemovigilance function in 10 sub-Saharan African countries. Methods We piloted the integrated WHO Global Benchmarking Tool plus Blood (GBT+ Blood) to assess the haemovigilance function of national regulatory authorities (NRAs) in Ethiopia, Kenya, Malawi, Nigeria, Liberia, Rwanda, South Africa, Tanzania, Uganda, and Zimbabwe. Data obtained from documents and face to face interviews were used to determine the status of implementation and performance of the following six indicators; legal provisions regulations and guidelines, organisation and governance, human resources, regulatory processes, transparency and accountability and finally, monitoring progress and assessing impact, by estimating median scores across 20 sub-indicators. In addition, a cluster analysis was performed. Results The countries showed inter-organisation variability in implementation and performance of the haemovigilance function. The overall median score (all sub-indicators) was 44 % (range: 7.5 % - 70 %). The lowest average performance scores were for the arrangement for effective organisation and coordination (35 %) and human resources (35 %) indicators. The highest average scores were observed for the mechanism to promote transparency and mechanism to monitor regulatory performance indicators (50 % and 60 %, respectively). We identified clusters of best-implemented sub-indicators from the procedures for haemovigilance and poorly implemented sub-indicators from the legal provisions, regulations and guidelines for haemovigilance and human resources. Conclusions Implementation of sub-indicators and performance of haemovigilance systems varied greatly for all countries with a few countries performing reasonably well in the implementation of some sub-indicators under procedures for haemovigilance. Most countries were poorly implementing sub-indicators in the legal provisions, arrangement for effective organisation and human resources indicators. The legislative provisions in most countries were at a nascent stage. There is a need to set up targeted and customised technical support coupled with prioritised interventions to strengthen the capacities of NRAs.

scholarly journals Kedudukan Hukum Wanita yang Mulih Daha di Banjar Munggu Kecamatan Mengwi Kabupaten Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 142-147
Author(s):  
Ni Komang Tri Intan Suaristiwayani ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Indigenous People ◽  
Research Method ◽  
Legal Research ◽  
Sociological Approach ◽  
Legal Provisions ◽  
The Status ◽  
The Right ◽  
The Village

For Balinese indigenous people, a woman returning to her parents’ home due to divorce has the status of mulih daha. With this status, a woman will have swadharma (obligations) and swadikara (rights) just like before the marriage took place in their respective homes. Several women who have experienced a mulih daha case have visited Banjar Munggu to regain their rights and carry out their obligations. This study examines the procedure for the return of a Balinese woman with the status of mulih daha and their customary position in Banjar Munggu Mengwi Badung. To achieve this goal, this research was conducted using an empirical legal research method with a sociological approach to law. Data were collected through selecting and summarising the data obtained from applicable legal provisions into relevant data with the object of the study. The results reveal that a woman with mulih daha status as a result of divorce does not have the right to inherit from her husband’s assets and / or that of their parents’, except from joint assets in inheritance. In Banjar Munggu Mengwi, the inheritance provisions for women with mulih daha status are clearly stipulated in the Awig-Awig of Banjar Adat, stipulating that every woman with the status of mulih daha is prohibited from joining in the village organisation.

scholarly journals TELAAH KRITIS STATUS BADAN HUKUM DAN KONSEP DASAR BADAN USAHA MILIK DESA

Arena Hukum ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 568-588
Author(s):  
Detania Sukarja ◽  
Mahmul Siregar ◽  
Tri Lubis
Keyword(s):  
Legal Aspects ◽  
Private Ownership ◽  
Legal Entity ◽  
Unique Character ◽  
Legal Provisions ◽  
The Status ◽  
Business Entities ◽  
The Village ◽  
Statutory Regulation ◽  
Legal Entities

Law No. 6 of 2014 on Villages (Village Law) appears to construct Village-Owned Enterprise or Badan Usaha Milik Desa (BUM Desa) as a new form of business entity within the Indonesian legal sphere. BUM Desa is considered to be different from other variants of business entities in Indonesia. There are multiple interpretations regarding the status of BUM Desa, debating whether they are legal entities or not. This normative legal research discusses the legal aspects of BUM Desa following the promulgation of the Village Law. It concludes that: (1) theoretically BUM Desa meets the criteria as a public legal entity. The issuance of Law No.11 of 2020 on Job Creation confirms the status of BUM Desa as a legal entity; (2) BUM Desa is a public business entity with a unique character to villages different from other forms of business entity with private ownership such as limited companies and cooperatives. However, legal provisions on BUM Desa still contain logical inconsistencies regarding the basic conception of BUM Desa and Law 12/2011 does not yet include Perdes as statutory regulation. The confirmation of the status of BUM Desa legal entities needs to be complemented by synchronization with Law 12/2011 to strengthen the position of Perdes as the legal basis for the establishment of BUM Desa along with various other sectoral regulations

scholarly journals Disaster Management and Role of Academic Institutions in Nepal: Current Status and Way Forward

2020 ◽  
pp. 27-35
Author(s):  
Ramesh Raj Pant ◽  
Kiran Bishwakarma ◽  
Archana Ghimire ◽  
Kripa Shrestha ◽  
Rejina Maskey ◽  
...  
Keyword(s):  
Current Status ◽  
Academic Institutions ◽  
Great Loss ◽  
Knowledge Based ◽  
Legal Provisions ◽  
Research Activities ◽  
Resilient Communities ◽  
The Status ◽  
Policies And Programs

The intense natural disasters have been causing the great loss of life and properties in Nepal. This study attempts to figure out the status and role of Nepalese academia for the contribution of disaster risk reduction and management (DRRM). The methodology adopted for the study is reviewing the literature, policies, and academic documents including university curricula. The study highlighted that the constitution of Nepal 2015 and DRRM Act 2017 have provided ample opportunities via several legal provisions for federal, provincial, and local government to make their own modalities for making a disaster-resilient society. The universities and higher academic institutions are responsible for sound knowledge-based research activities to address the issues of DRRM which could be directly adopted by different levels of governments in terms of their plans, policies, and programs. In this connection, attempts are being made by governments and academic institutions to develop disaster resilient communities by shifting the traditional way of just responding during disaster focusing on the disaster cycle. Precisely, ten major universities of Nepal have incorporated disaster components including preparedness, response, recovery, and mitigation-related academic curricula in their undergraduate and graduate levels academic programs. Introducing the Environmental Health in Disaster, and Public Health and Disaster Engineering in Tribhuvan University and Pokhara University, respectively is one of the good initiatives taken by the academia. However, there is still room for improvement in terms of the integration of DRRM courses in the curricula of higher academic institutions for making disaster-resilient communities.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

Sign in / Sign up

Export Citation Format

Share Document