scholarly journals Equal Rights and Opportunities During the COVID-19 Pandemic, in Consideration of the Huge Difference between Big Cities and Small Towns

2021 ◽  
Vol 1 (1) ◽  
pp. 1-23
Author(s):  
Mariangela Barletta
Keyword(s):  
Small Towns ◽  
Fundamental Rights ◽  
Equal Rights ◽  
Protective Measures ◽  
Freedom Of Movement ◽  
Italian Government ◽  
Essential Services ◽  
Big Cities ◽  
The Government ◽  
The Right

The current pandemic has imposed the need to apply protective measures to prevent the spread of the virus. These include, in particular, restrictions on freedom of movement, with all the ensuing consequences. In some states, governments have chosen to impose total lockdowns for a certain period, which is useful for lowering the levels of contagion, while others have preferred to adopt semi-lockdowns. The Italian government, for example, in recent months, has chosen to divide the regions into colors: red, orange, yellow and green, depending on the needs and severity of the conditions within each territory. The decisions that have been made, however, do not take into account the important differences between regions, given that some of them offer more opportunities than others, nor they have considered the differences between cities and towns. In fact, there is a huge difference between people who live in big cities with all the conveniences that allow them to live comfortably for some time within their own municipalities, and people who live in small towns, where there are no opportunities for recreation or where, more generally, the same opportunities do not exist. Therefore, stopping people, for many consecutive days, from moving between one municipality and another, as happens for those who live in red and orange regions, means violating the principle of equality and other fundamental rights related to the expression of personality. In situations of extreme emergency, such as the current one, therefore, it is important to consider the idea of ​​revising cities and towns, adapting services to actual needs, in order to balance the protection of public health with the right of the citizens to live in dignity. The government restrictions of fundamental rights should never be discriminatory, but always proportionate, according to the context in which they are applied. When it becomes difficult for mothers to even reach hospitals to give birth to their babies, or for people to access essential services due to restrictions, it becomes necessary to ask how the space of the actual cities should be reviewed during the COVID-19 pandemic.

scholarly journals Lex coronavirus. Włoskie prawo w walce z pandemią

2020 ◽  
pp. 9-26
Author(s):  
Monika Urbaniak
Keyword(s):  
Prime Minister ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
Freedom Of Movement ◽  
Italian Government ◽  
Global Pandemic ◽  
Democratic State ◽  
Coronavirus Infection ◽  
The Right ◽  
Council Of Ministers

An epidemic caused by the coronavirus SARS-CoV-2 has been existed in Europe and worldwide for several weeks now. On 11 March 2020, the WHO declared it a global pandemic. At the time of writing, Europe, in particular Italy, is the largest outbreak of coronavirus. Italy is attempting to tackle the virus with increasingly drastic legal measures. On 31 January 2020, its Council of Ministers declared a state of emergency related to the sanitary risk of coronavirus infection. Italy has started the fight against the virus using two legal instruments: the first is the Council of Ministers’ declaration of a six-month state of emergency on 31 January 2020, and the second is a decree-law (decreto legge) issued by the Prime Minister temporarily restricting the freedom of movement throughout the state. In exceptional cases, the Italian Government has the right to issue normative legal acts. Recent legislative acts issued in Italy have undoubtedly limited the fundamental rights granted by the Constitution of 1947. These limited rights include the right of movement, but also freedom of assembly, the right to work, freedom of economic activity and freedom of conscience and religion. As a result of the legal solutions introduced, fundamental human rights are subject to justifiable restrictions in order to protect the constitutionally guaranteed right of the community to health care. In situations of epidemiological threats, protecting the lives and health of citizens is essential. Any restrictions on rights and freedoms are intended to protect these goods. However extensive these restrictions may be, in a democratic state this must be introduced under strict control and for a specified period of time linked to the duration of an epidemic.

JUSTICE AND SOCIAL CHANGE FOR INCLUSIVE EDUCATION IN INDONESIA AND ASEAN FOR DISABLED PERSONS (STUDY ON PEOPLE AFFECTED BY LEPROSY)

2017 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Nuah Perdamenta Tarigan ◽  
Christian Siregar ◽  
Simon Mangatur Tampubolon
Keyword(s):  
Inclusive Education ◽  
Local Governments ◽  
Disabled Persons ◽  
Equal Rights ◽  
Central Java ◽  
The People ◽  
Asean Countries ◽  
The Government ◽  
The Moment ◽  
The Right

Justice that has not existed and is apparent among the disabilities in Indonesia is very large and spread in the archipelago is very large, making the issue of equality is a very important thing especially with the publication of the Disability Act No. 8 of 2016 at the beginning of that year. Only a few provinces that understand properly and well on open and potential issues and issues will affect other areas including the increasingly growing number of elderly people in Indonesia due to the increasing welfare of the people. The government of DKI Jakarta, including the most concerned with disability, from the beginning has set a bold step to defend things related to disability, including local governments in Solo, Bali, Makassar and several other areas. Leprosy belonging to the disability community has a very tough marginalization, the disability that arises from leprosy quite a lot, reaches ten percent more and covers the poor areas of Indonesia, such as Nusa Tenggara Timur, Papua, South Sulawesi Provinces and even East Java and West Java and Central Java Provinces. If we compare again with the ASEAN countries we also do not miss the moment in ratifying the CRPD (Convention of Rights for People with Disability) into the Law of Disability No. 8 of 2016 which, although already published but still get rejections in some sections because do not provide proper empowerment and rights equality. The struggle is long and must be continued to build equal rights in all areas, not only health and welfare but also in the right of the right to receive continuous inclusive education.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

scholarly journals GELANDANGAN DALAM KERANGKENG RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA

2021 ◽  
Author(s):  
Rahmat Amir
Keyword(s):  
Research Method ◽  
Homeless People ◽  
Criminal Code ◽  
Right To Life ◽  
Big Cities ◽  
The Government ◽  
The Right

This study is based on the polemic that occurred due to the Bill on the Penalty of Homeless People, which seemed to make them a social disease and curb and discriminate against them. This research is presented with a doctrinal law research method, namely the research carried out is descriptive-analytical, namely describing, analyzing, concluding the problem which is the object of research and is expected to be able to explain, find, and describe government studies in the formation of law in Indonesia and does not violate the right to life. people. Therefore it can be concluded that a serious role for the government is needed in overcoming the problem of poverty in Indonesia, not only as a metaphor, while the problem of poverty dominates the prevalence of homelessness in Indonesia. a review of the criminalization of the homeless as regulated in Article 505 of the Criminal Code, where the implementation of the regulation is effective and the number of homeless people in Indonesia, especially in big cities in Indonesia is still large.

Part V Fairness and Expeditiousness of ICC Proceedings, 41 Sitting on Evidence?: Systemic Failings in the ICC Disclosure Regime—Time for Reform

2015 ◽  
Author(s):  
Khan QC Karim A A ◽  
Buisman Caroline
Keyword(s):  
Fundamental Rights ◽  
Protective Measures ◽  
Time Limits ◽  
The Right

The right to full and timely disclosure is one of the most fundamental rights of suspects and accused persons before the ICC. Regrettably, it is also the most violated right. This Chapter examines the difficulties the defence has encountered as a result of late, inadequate, or non-disclosure of material relevant to the case. Drawing heavily on the authors’ own experiences before the ICC, this contribution argues that the current disclosure regime of the ICC places an inordinate burden on limited defence resources, and improperly and unnecessarily constrains the ability of defence teams to effectively and efficiently prepare for and conduct the defence of the client. The Chapter makes a number of proposals for improvement, including management of time limits for final prosecution pre-trial disclosure, protective measures, transparency, and internal prosecution review.

Colored Travelers

2016 ◽  
Author(s):  
Elizabeth Stordeur Pryor
Keyword(s):  
Jim Crow ◽  
The United States ◽  
Harriet Jacobs ◽  
Equal Rights ◽  
William Wells Brown ◽  
Front Line ◽  
Freedom Of Movement ◽  
Black Protest ◽  
Central Tenet ◽  
The Right

Americans have long regarded the freedom of travel a central tenet of citizenship. Yet, in the United States, freedom of movement has historically been a right reserved for whites. In this book, Elizabeth Stordeur Pryor shows that African Americans fought obstructions to their mobility over 100 years before Rosa Parks refused to give up her seat on a Montgomery bus. These were “colored travelers,” activists who relied on steamships, stagecoaches, and railroads to expand their networks and to fight slavery and racism. They refused to ride in "Jim Crow" railroad cars, fought for the right to hold a U.S. passport (and citizenship), and during their transatlantic voyages, demonstrated their radical abolitionism. By focusing on the myriad strategies of black protest, including the assertions of gendered freedom and citizenship, this book tells the story of how the basic act of traveling emerged as a front line in the battle for African American equal rights before the Civil War. Drawing on exhaustive research from U.S. and British newspapers, journals, narratives, and letters, as well as firsthand accounts of such figures as Frederick Douglass, Harriet Jacobs, and William Wells Brown, Pryor illustrates how, in the quest for citizenship, colored travelers constructed ideas about respectability and challenged racist ideologies that made black mobility a crime.

Human Rights of Indigenous Minorities in Tanzania and the Courts of Law

2007 ◽  
Vol 14 (4) ◽  
pp. 455-487 ◽  
Author(s):  
Chris Maina Peter
Keyword(s):  
Fundamental Rights ◽  
Way Of Life ◽  
Running Water ◽  
High Court ◽  
Modern Development ◽  
Hunting And Gathering ◽  
Indigenous Minorities ◽  
The Government ◽  
The Right ◽  
Court Of Appeal

AbstractTanzania has several indigenous minorities. They include the Maasai, Barbaig, Hadzabe, Ndorobo and others. Some are still engaged in hunting and gathering, while others are pastoralists. The government is unhappy about their way of life and believes that it has a duty to “emancipate” these “backward” people by “civilising” them through bringing “modern development” to areas they live in. This is through the building of schools and hospitals, the provision of running water, etc. In the process of undertaking this mission, it has negatively affected the lives of these groups. It has destroyed their property, and displaced them from their traditional living areas. This has been done in total disregard to their ways of life, traditions, beliefs and above all the right to own property which is guaranteed by the Constitution. Some of the indigenous minorities whose rights have been violated by the government have decided to challenge the violation of their fundamental rights in the courts of law. This paper examines the handling of the cases related to the rights of indigenous minorities by the higher judiciary in Tanzania, particularly the High Court and the Court of Appeal. Experience indicates that, like the government, the judiciary has been sympathetic toward indigenous minorities.

scholarly journals Seeking the Source: Criminal Defendants’ Constitutional Right to Source Code

2020 ◽  
Author(s):  
Steven M. Bellovin ◽  
Matt Blaze ◽  
Susan Landau ◽  
Brian Owsley
Keyword(s):  
Due Process ◽  
Computer Software ◽  
Computer Code ◽  
Analysis Data ◽  
Forensic Analysis ◽  
Fundamental Rights ◽  
Software Programs ◽  
Constitutional Right ◽  
The Government ◽  
The Right

The right to a fair trial is fundamental to American jurisprudence. The Fifth Amendment of the Bill of Rights guarantees “due process,” while the Sixth provides the accused with the right to be “confronted with the witnesses against him.” But “time works changes, brings into existence new conditions and purposes.” So it is with software. From the smartphones we access multiple times a day to more exotic tools—the software “genies” of Amazon Echo and Google Home—software is increasingly embedded in day-to-day life. It does glorious things, such as flying planes and creating CAT scans, but it also has problems: software errors. Software has also found its way into trials. Software’s errors have meant that defendants are often denied their fundamental rights. In this paper, we focus on “evidentiary software”—computer software used for producing evidence—that is routinely introduced in modern courtrooms. Whether from breathalyzers, computer forensic analysis, data taps, or even FitBits, computer code increasingly provides crucial trial evidence. Yet despite the central role software plays in convictions, computer code is often unavailable to examination by the defense. This may be for proprietary reasons—the vendor wishes to protect its confidential software—or it may result from a decision by the government to withhold the code for security reasons. Because computer software is far from infallible—software programs can create incorrect information, erase details, vary data depending on when and how they are accessed—or fail in a myriad of other ways—the only way that the accused can properly and fully defend himself is to have an ability to access the software that produced the evidence. Yet often the defendants are denied such critical access. In this paper, we do an in-depth examination of the problem. Then, providing a variety of examples of software failure and discussing the limitations of technologists’ ability to prove software programs correct, we suggest potential processes for disclosing software that enable fair trials while nonetheless prevent wide release of the code.

scholarly journals A PRÁTICA DOS “ROLEZINHOS” E O NEODESENVOLVIMENTISMO BRASILEIRO

Revista LEVS ◽  
2015 ◽  
Vol 15 ◽  
Author(s):  
Marcela Andresa Semeghini PEREIRA
Keyword(s):  
Social Recognition ◽  
Freedom Of Movement ◽  
Federal Constitution ◽  
Library Resources ◽  
Social Scene ◽  
Heated Debate ◽  
The Government ◽  
To Come ◽  
The Right ◽  
Article 5

Resumo: Esta pesquisa buscou apresentar as características dos “rolezinhos”, que são movimentos de ocupação de espaço de consumo, buscando a afirmação e reconhecimento social e explicitação das contradições do país. Os praticantes, normalmente são jovens trabalhadores assalariados, advindos de grandes centros periféricos que, através de ações e políticas praticadas no início década de 2000 até os dias atuais, conquistaram a capacidade de consumir, aumentando as possibilidades de lazer e exigindo a inclusão em espaços que antes não frequentavam. O acalorado debate gira em torno da legalidade deste movimento, destacando que dentre os direitos garantidos aos sujeitos praticantes está o direito de ir e vir, este é garantido na Constituição Federal de 1988, de acordo com o disposto no artigo 5°, inciso 15, e no artigo 8º, da Declaração Universal dos Direitos Humanos e o direito à livre manifestação expresso no artigo 5º, incisos IV incluindo o direito de opinião que inclui pensamentos, ideias e opiniões bem como a forma em que são expostas.. O direito ao lazer, disposto no artigo 6º da carta magna é reivindicação deste movimento, sendo este um direito fundamental social. Concluiu-se que o Poder Público, os operadores do direito, a sociedade, as famílias e cada cidadão reflita sobre a aceitação deste novo momento e as possibilidades de políticas públicas de inclusão para atender as demandas que esse novo cenário social exige. Utilizou-se do método dialético, com consultas em fontes bibliográficas como livros, jurisprudência, revistas e entrevistas. Palavras-chave: Desenvolvimento Econômico; Direito; Movimento Social. Abstract: This study aims to present the characteristics of "rolezinhos" which are squatters space consumption, seeking affirmation and social recognition and explanation of the contradictions of the country. Practitioners are usually young employees, arising from large peripheral centers, through actions and policies in the early 2000s to the present day, gained the ability to consume, increasing the possibilities for leisure and requiring the inclusion in spaces that not attended before. The heated debate revolves around the legality of this move, noting that among the rights guaranteed to individuals practicing is the right to come and go, also known as freedom of movement or freedom of movement, this is guaranteed in the Federal Constitution of 1988, according with the provisions of Article 5, section 15, and Article 8 of the Universal Declaration of Human rights. The right to leisure, Article 6 of the Federal Constitution claim is this movement, this being a fundamental social right. It was concluded that the Government, jurists, society, families and individual citizens reflect on the acceptance of this new moment and the possibilities for public policy inclusion to meet the demands that this new social scene requires. We used the dialectical method, in consultation with library resources such as books, jurisprudence, magazines and interviews. Keywords: Economic Development; Right; Social Movement.

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