scholarly journals THE POSITIVE DUTY OF THE STATE: ECOLOGICAL APPROACH

Author(s):  
D.A. Skoromnyi
2015 ◽  
Vol 60 (1) ◽  
pp. 110-140 ◽  
Author(s):  
Charles G Ngwena

AbstractThis article is constructed around the premise that women's rights to safe abortion give rise to obligations that the state has a positive duty to implement. Using Uganda as a case study, it frames failure by a state to implement its abortion laws in ways that render the rights tangible and accessible to women as a violation of human rights. The article develops a normative human rights framework for imposing on a state the obligation to take positive steps to implement abortion laws that the state, itself, has adopted. The framework does not depend on requiring the state first to reform its substantive laws or broaden the grounds for abortion. Rather, it focuses on the implementation of existing domestic laws. The article draws its remedial juridical responses partly from conceptions of women-centred rights to procedural justice, equality and health, and partly from jurisprudence developed in recent years by United Nations treaty-monitoring bodies and the European Court of Human Rights.


2011 ◽  
Vol 19 (2) ◽  
pp. 295-320
Author(s):  
Linda Stewart

AbstractSection 28(1)(h) of the South African Constitution bestows the right on every child to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result. Section 28(1)(h) places a positive duty on the state and the practical implementation of this right is dependent on the state's available resources. is paper enquires whether the criteria laid down by the South African Legal Aid Board may limit the realisation of s 28(1)(h) and if so, to what extent. It includes the question whether it is constitutionally permissible for the state to deny legal representation to children on the exclusive grounds of resource constraints. I commence by examining similar but not exact provisions in the Convention of the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) to establish whether there are provisions that may inform the extent of the positive duty on the state to provide legal representation at state expense to children. is will be followed by a discussion on the nature and extent of s 28(1)(h) of the Constitution. I then turn to the relevant sections in the Children's Act pertaining to this right and especially s 55 which makes provision that the Legal Aid Board is the appropriate functionary of the state to deal with the realisation of s 28(1)(h). I finally enquire whether the criteria laid down in the Legal Aid Guidelines, 2009 (which include the argument of resource constraints) may justifiably limit this right.


Author(s):  
T. A. Welton

Various authors have emphasized the spatial information resident in an electron micrograph taken with adequately coherent radiation. In view of the completion of at least one such instrument, this opportunity is taken to summarize the state of the art of processing such micrographs. We use the usual symbols for the aberration coefficients, and supplement these with £ and 6 for the transverse coherence length and the fractional energy spread respectively. He also assume a weak, biologically interesting sample, with principal interest lying in the molecular skeleton remaining after obvious hydrogen loss and other radiation damage has occurred.


1980 ◽  
Vol 11 (2) ◽  
pp. 85-94 ◽  
Author(s):  
Jack Damico ◽  
John W. Oller

Two methods of identifying language disordered children are examined. Traditional approaches require attention to relatively superficial morphological and surface syntactic criteria, such as, noun-verb agreement, tense marking, pluralization. More recently, however, language testers and others have turned to pragmatic criteria focussing on deeper aspects of meaning and communicative effectiveness, such as, general fluency, topic maintenance, specificity of referring terms. In this study, 54 regular K-5 teachers in two Albuquerque schools serving 1212 children were assigned on a roughly matched basis to one of two groups. Group S received in-service training using traditional surface criteria for referrals, while Group P received similar in-service training with pragmatic criteria. All referrals from both groups were reevaluated by a panel of judges following the state determined procedures for assignment to remedial programs. Teachers who were taught to use pragmatic criteria in identifying language disordered children identified significantly more children and were more often correct in their identification than teachers taught to use syntactic criteria. Both groups identified significantly fewer children as the grade level increased.


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