scholarly journals The Many Faces of "Prima Facie"

Refuge ◽  
2008 ◽  
Vol 25 (2) ◽  
pp. 151-163
Author(s):  
Jean-François Durieux

The majority of the world’s refugees have secured a legal status without resort to an individual examination of their claims. The practice of “group” determination, particularly in Africa, is interesting in several aspects, not least in that it allows a real-time assessment of a need for international protection. While these positive aspects should not be lost as many jurisdictions in the developing world are equipping themselves with individual asylum procedures, it is equally important to clarify, and hopefully to harmonize, the procedural and evidentiary standards applicable to group determination. How presumptions operate—including their rebuttal or removal—is a question worth examining, and not only with regard to refugee status determination (RSD) in mass influx situations. Legal presumptions and other evidentiary shortcuts have also been introduced into individual RSD procedures in industrialized states. These include mechanisms that are highly problematic from a protection point of view, such as the “safe country of origin” presumption of a “manifestly unfounded” claim. However, administrative bodies and courts have also, from time to time, used some form of prima facie admission of evidence in order to lighten the burden of asylum applicants, while speeding up the RSD process. Furthermore, this article argues that extralegal presumptions, based on implicit value judgments about national or subnational groups, almost invariably colour the interviewing and decision-making processes in individual cases. Th is finding makes it all the more necessary : to (i) to re-assess the signifi cance of “risk-group affi liation” as an element of the refugee defi nition; and (ii) formally recognize the role of evidentiary shortcuts in RSD, and recommend appropriate standards for their operation.

Author(s):  
Ирина Викторовна Евстафьева

В статье исследуются вопросы попечительства в отношении несовершеннолетних, отбывающих наказание в виде лишения свободы. Проблема, поднимаемая автором настоящей статьи, многогранна, касается различных аспектов отбывания наказания несовершеннолетними в воспитательных колониях и требует комплексного исследования, способного ответить на определенно значимый вопрос: является ли колония законным представителем находящихся в ней несовершеннолетних со всеми вытекающими из статуса законных представителей последствиями. При этом необходимо обращать внимание на специфику правового статуса лиц, отбывающих наказание в воспитательных колониях, которые, во-первых, являются несовершеннолетними, то есть не обладают дееспособностью в полном объеме и нуждаются в особой заботе, защите и представительстве, а во-вторых, осуждены за совершение тяжкого или особо тяжкого преступления, влекущего изоляцию от общества и определенные ограничения и лишения. Отечественное законодательство достаточно детально регламентирует особенности режима отбывания наказания в виде лишения свободы несовершеннолетними, не определяя при этом статуса воспитательных колоний, кем они являются: воспитателями, попечителями или исключительно учреждениями исполнения наказаний. Между тем правильное понимание значения и роли воспитательной колонии в жизни находящихся в ней несовершеннолетних преступников, по мнению автора, поможет избежать ряда проблем, объективно складывающихся в учреждениях подобного рода. С этой точки зрения предлагаемая тема представляет интерес не только для ученых-теоретиков, но и для практиков - сотрудников соответствующих учреждений. Особо следует подчеркнуть, что исследований по данной тематике в специальной литературе нет. Отдельные исследования, встречающиеся в современной литературе, касаются исключительно общего гражданско-правового статуса несовершеннолетних осужденных. Однако это обстоятельство может свидетельствовать только о новизне данной темы, но никак не об отсутствии самой проблемы. The article analyzes the issues of the status of educational colonies as guardians of minors serving a sentence of imprisonment. In fact, the problem raised by the author of this article is multifaceted, concerns various aspects of the serving of punishment by minors in educational colonies and requires a comprehensive study that can answer, it seems, a definitely significant question: whether the colony is the legal representative of the minors in it with all the consequences arising from the status of legal representatives in the form of duties and responsibilities. At the same time, it seems, it is necessary to pay attention to the specifics of the legal status of citizens serving sentences in educational colonies, who, firstly, are minors, i.e. do not have full legal capacity and need special care, protection and representation, and, secondly, are convicted of committing a serious or particularly serious crime, entailing isolation from society and certain restrictions and deprivation. Domestic legislation regulates in sufficient detail the peculiarities of the regime of serving sentences in the form of deprivation of liberty by minors, without determining the status of educational colonies. Who are they: educators, Trustees or only institutions of execution of punishments. Meanwhile, the correct understanding of the importance and role of the educational colony in the life of juvenile offenders in it, according to the author, will help to avoid a number of problems that objectively develop in institutions of this kind. From this point of view, the proposed topic is of interest not only for theoretical scientists, but for practitioners-employees of relevant institutions. It should be emphasized that there are no studies on this subject in the special literature. However, this circumstance can testify only about novelty of the given subject, but in any way about absence of the problem. It seems that the relevance and importance of a problem is not always measured by the number of studies devoted to it. Sometimes these its traits are manifest only under particularly careful consideration.


2017 ◽  
Vol 41 (S1) ◽  
pp. S37-S37
Author(s):  
M.M. Carrasco

During more than half a century, Psychiatry has extensively accepted a biomedical model studying mental disorders (including schizophrenia, affective disorders and the large group of stress-related disorders, including anxiety disorder. Thus, the classical dichotomy between functional and organic psychiatric disorders is obsolete and from a theoretical point of view there should be no obstacle for Psychiatry to deal with the study of dementias from gene to clinical levels using empirical methods, including neurotransmitters and scanning techniques. However, in many European countries, the dementias have been claimed as belonging primarily to Neurology, leaving the role of psychiatrists to treat psychotic symptoms and bizarre behavioral disturbances.However, psychiatrists have a long tradition of detailed psychopathological description and great skill in coping with the many psychological, ethical and social problems that are such important features of mental disorders and particularly the dementias, and so, the specific skills of psychiatrists will certainly be warranted in managing the many significant psychological and social problems of the patient both within the family and in society. The discussion must overcome the sterile debate between specialties to focus on the skills needed to adequately address the needs of patients with dementia and their caregivers.Disclosure of interestThe author has not supplied his declaration of competing interest.


2020 ◽  
Vol 37 (2) ◽  
pp. 139-161
Author(s):  
Izabela Małgorzata Wróbel

             The essential measures for a common European asylum system adopted by the EU institutions include the Regulation (EU) No 604/2013 and the Directive 2013/32/EU. These acts relate to the various stages of the functioning of the common European asylum system, however, there may be a risk of a violation of the fundamental rights of applicants as set out in the Charter of Fundamental Rights of the EU, including the prohibition of inhuman or degrading treatment (Article 4 of the Charter), at both stages. Such a risk may arise as a result of deficiencies in asylum systems of the Member States. If these deficiencies are to fall within the scope of Article 4 of the Charter, they must attain a particularly high level of severity, which depends on all the circumstances of the case. An example of attaining this particularly high level of severity is the situation of extreme material poverty. As acts of the EU asylum law do not contain the terms “particularly high level of severity” and “extreme material poverty” and all the more they do not define them, guidelines on how to interpret and apply Article 4 of the Charter in the context of the common European asylum system should be sought in the case law of the Court of Justice of the EU. Therefore, the aim of the article is to explore and attempt to generalise and develop the basis and the criteria indicated by the CJEU for assessing the actual nature of deficiencies in the asylum system of the Member State in question from the point of view of the prohibition laid down in Article 4 of the Charter, with particular emphasis on the criterion of a particularly high level of severity and the situation of extreme material poverty which meets this criterion.


2021 ◽  
Vol 39 (3) ◽  
Author(s):  
Natalia Zykun ◽  
Yana Zoska ◽  
Vilena Voronova ◽  
Diana Fayvishenko ◽  
Yuliia Kyiashko ◽  
...  

The article examines the issues of using social communications as an integral part of marketing technologies for managing and modifying consumer behaviour. The motivating determinants influencing the formation of consumer behaviour are analyzed; the current role of communications in the field of marketing technologies is considered.The communication process itself is considered both from a socio-psychological point of view and from the standpoint of the effectiveness of using marketing tools. The points of influence of social communications on consumer decision-making processes have been determined. The article also proposes a methodology for the complex formation and use of social communications as a composite tool for managing and influencing consumers.In practice, an example of the implementation of this technique has been analyzed, in case of the need to increase the loyalty of customers of an unprofitable company that has encountered difficulties in expanding its customer base and the need to transform the negative opinion of consumers about their own brand.


Author(s):  
Anita Moum

The objective of this chapter is to identify the role of BIMs in the architectural design process from the practitioners’ point of view. The chapter investigates the main factors affecting the practitioners’ use of BIM, and how BIM impacts their work and interactions. The chapter presents a holistic research approach as well as the findings from its application in four real-life projects. In these projects, much of the practitioners’ focus was on upgrading skills and improving technology. Nevertheless, a number of their challenges were linked to the nature of the architectural design process, particularly to its “hardto- grasp” iterative and intuitive features. A conclusion of this research indicates that the role of BIM is affected by the many interdependencies, relations and interfaces embedded in the highly complex and partly unpredictable real world practice. A future challenge would be to understand, master and balance these relationships - upstream and downstream across multiple levels, processes and activities. The presented holistic research approach and the related findings contributed to research which aimed to embrace the complexity of real-life problems and gain a more comprehensive understanding of what is happening in practice.


2018 ◽  
Vol 10 (1) ◽  
pp. 358-366 ◽  
Author(s):  
Krzysztof Widawski ◽  
Zdzisław Jary ◽  
Piotr Oleśniewicz ◽  
Piotr Owczarek ◽  
Julita Markiewicz-Patkowska ◽  
...  

AbstractThis article examines the tourist role of protected areas important for their unanimated nature potential. In Poland the highest form of legal protection is a national park. Babiogórski National Parks is one of 23 national parks in Poland. The aim of this article is to present its tourist attraction based on its geotourist potential considered by tourists who visit this park. At the beginning a brief history of protection of Babia Góra is presented. Based on stock-taking sightseeing method an analysis of the most important tourist attractiveness elements (like infrastructure or tourist values) is done. The focus on the values of unanimated nature is made grouping them into four main categories. As the result of research on infrastructure the most important accommodation units were indicated present at the surroundings of this National Park which is vital for its tourist capacity. For the correct functioning of tourist movement at the protected area the supporting infrastructure is important bearing a lot of functions. The function of channeling of the tourist movement as well as the didactic function are the most important for protection and correct use of geotourist values. Among the many elements of the supporting infrastructure the most important ones are tourist and didactic routes (their course and themes are presented). The most important part of the article is the presentation of the participants of the tourist movement opinions on the Babiogórski National Park tourist attractiveness. A survey was conducted and then analysed on 308 respondents in 2011. They were asked to judge both the quality of infrastructure as well as attraction of geotourist values together with their adaptation to reception by the tourist movement. The results analysis served as a base to appraise the state and perspectives for the geotourism development in Babiogórski National Park from the point of view of the receivers of tourist product i.e. the protected area.


Author(s):  
Karl Sam M Maquiling ◽  
Safira De La Sala ◽  
Paul Rabé

Existing knowledge regarding the role of household adaptation in pursuing urban resilience, especially in developing countries, is limited. Upon this rationale, the study provides in-depth empirical evidence on how resilience is framed, pursued, and realized from the perspective of low-income households in the Philippines. The study adopted a mixed-methods strategy to expound on the dynamics that affect resilience-building measures at the household level. The quantitative tools were chosen to provide empirical evidence on how residents in selected areas understand resilience and the actions undertaken to realize desired outcomes. The findings were further examined through analysis of data gathered from key informant interviews, relevant local policies, and regulations. Key findings show that autonomous household responses are intended, albeit intuitively, as resilience-building measures from the need to address risks immediately. These measures are undertaken independently and can provide direct benefits to the household. However, they may become counterproductive when analyzed from the point of view of collective resilience. The key to addressing this is institutional interventions that allow flexible modes of resilience that could enable households to pursue better resilience-building measures. Autonomous household responses, transitioning to a more collective level approach, challenge the distribution of decision-making processes and could result in framing appropriate urban resilience policies, strategies, and measures.


Adeptus ◽  
2020 ◽  
Author(s):  
Dominika Michalak

The Social Construction of Credibility: A Foreigner in the International Protection ProcedureThis article is devoted to symbolic violence occurring in the international protection procedure. The study focuses on the stages of the procedure in which the asylum-seeker is granted a chance to speak for themselves, and yet is unable to represent their case effectively due to sociocultural differences. As a result, even if their life situation qualifies them for refugee status, migration offices and courts are likely to issue a negative decision. Cases in which the failure to represent oneself results from sociocultural differences are described in the article as instances of symbolic violence. Following Dell Hymes and Katrijn Maryns, I stress the role of language-related inequality. I also employ Harold Garfinkel’s concept of degradation ceremonies in order to describe the ritual aspect of language use in statements of grounds for refusal of applications for international protection. The article is based on empirical research including a case study of an asylum-seeker family who applied for protection in Poland in the 2010s, participant observation in a free legal support centre run by a Warsaw-based NGO, and qualitative interviews with activists supporting refugees as their representatives and legal advisors. Społeczna konstrukcja wiarygodności cudzoziemca w procedurze uchodźczejPrzedmiotem artykułu jest przemoc symboliczna w postępowaniach uchodźczych. Skupiam się na etapach procedury, w których migranci przymusowi – mimo, że zgodnie z prawem udziela im się głosu – nie są w stanie skutecznie reprezentować swojej sprawy z powodu różnicy kulturowej. Nawet więc jeśli ich życiowa sytuacja uzasadnia przyznanie im statusu uchodźcy, urzędy i sądy mogą negatywnie rozpatrzyć ich sprawę. Przypadki, w których nieskuteczność w reprezentowaniu własnej sprawy wynika z różnicy społeczno-kulturowej, opisuję w kategoriach przemocy symbolicznej. Za Dellem Hymesem i Katrijn Maryns podkreślam zwłaszcza rolę nierówności językowych. Odwołuję się również do Harolda Garfinkela koncepcji ceremonii degradacji, aby opisać rytualny aspekt uzasadniania decyzji odmownych w języku urzędowym. Artykuł opiera się na badaniach empirycznych obejmujących: studium przypadku postępowania uchodźczego rodziny ubiegającej się o ochronę w Polsce w drugiej dekadzie XXI w. (analiza decyzji urzędowych i sądowych), obserwację uczestniczącą w punkcie bezpłatnej pomocy prawnej prowadzonym przez organizację pozarządową, a także wywiady jakościowe z aktywistami występującymi w roli pełnomocników w procedurach uchodźczych i udzielających porad prawnych.


2010 ◽  
Vol 5 ◽  
pp. 71-86
Author(s):  
Katarzyna Gmerek ◽  

In this piece on the Polish Romantic travellers confronted with Celtic cultures and countries, I have tried to show the way they reacted and how their imaginations worked. Probably some of their reactions were not different to those of all other Celtophiles. The special role of the Czartoryskis’ cultural patronage needs to be highlighted. In the nineteenth century Poland, nobody ever attempted to gather so many books about Celtic history and culture again, even after the emergence of Celtic Studies as an academic discipline later in the nineteenth century. The predictable result was that, with time, knowledge of Celtic cultures diminished among the Polish writers. The literary revival in early twentieth century Ireland, associated with Yeats and his contemporaries, did not elicit widespread reaction from Polish librarians and academics. This failure to respond to new developments in Ireland is probably to be explained in terms of the economic and socio-political conditions in the divided Poland of that time. One of the many negative results of the partitions at the end of the eighteenth century was that a large number of important Polish writers moved abroad, as well as that their relations and impressions were affected by this emigration. Being a political émigré was not always helpful in so far as the exploration of new cultures was concerned, both from the point of view of the psychological trauma of being away from home and of various everyday constraints. Generally, it was personal interests and earlier studies, and not finances or place of living that influenced some Polish authors’ choice to write on Celtic themes.


2021 ◽  
Vol 6(16) (4) ◽  
pp. 36-48
Author(s):  
A. K. Akhmadiyev ◽  
D. S. Brylov

Consideration of the issue of the legal status of the Caspian Sea seems very relevant both from the social and political point of view and from the point of view of the organization of subsoil use. Today, the Caspian hydrocarbon reserves are estimated at about 3% of the total world reserves, which makes this region a place of attraction for many subsoil users, as well as a place of clash of private and public, as well as interstate interests. It is the study of interrelations and mutual influences of socio-economic and mineral components in this region that is most important for understanding the system of relations in the region and their forecasts. The aim is to analyze retrospectively the formation of common rules of relations in the Caspian region and determine the role of the mineral factor in them. The basis for writing the article was a review and comparison of publicly available domestic and foreign literary sources concerning both the question of the right status of the Caspian Sea and the features of subsoil use in the Caspian Sea, as well as a critical analysis of regulations. The sources were sampled taking into account the time period from 2000 to 2020. Among the features of subsoil use in the Caspian Sea were identified and described physical-geographical, primarily climatic, geological, engineering-geological and ecological features. When considering the chronology of the solution of the «Caspian issue», close attention was paid to the characteristics of the Caspian summits and the main events associated with the intensification of subsoil use in the Caspian Sea. In particular, the events related to the laying of oil pipelines by Kazakhstan and Azerbaijan, the participation of large energy companies in the development of fields, the contradictions that have arisen between countries on the basis of subsoil use were considered. In addition, the key provisions of the Convention on the Legal Status of the Caspian Sea adopted in 2018 were considered. The main thing that the retrospective analysis has shown is that the role of the mineral factor in the formation of relations in the Caspian region is enormous. It can be considered one of the main reasons for long, hesitant steps (which took more than 20 years) on the way to solving the issue of the legal status of the Caspian Sea. At the same time, it should be recognized that even the adopted Convention on the legal status of the Caspian Sea has not been able to fully resolve the problem of subsoil use in this region, which gives an impulse to search for new ideas in solving this problem


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