Social Implications of Genetic Screening and Ways of Upholding the Rights to Self-determination of the People with Disability

2021 ◽  
Vol 10 (2) ◽  
pp. 101-128
Author(s):  
Soo Jung kim ◽  
SO-YOUN PARK
1922 ◽  
Vol 15 (4) ◽  
pp. 305-322
Author(s):  
Masaharu Anesaki

In many aspects of social life Japan shares with the whole world the consequences of the World War, particularly in the intricate connections between social unrest and spiritual agitation. Japan had passed through two wars in recent times; they aroused the nation to national self-consciousness, but they brought also many new problems. Yet those wars were fought far from Japan itself, and did not bring home the disasters and miseries of war. In the World War Japan took a part, but it remained for the people a matter of distant lands. Thus they were comparatively indifferent to the various issues raised by the war, such as the combat between militarism and democracy, the questions of international justice and the self-determination of nations, the problems of peace and social reconstruction. Moreover, their indignation against the aggressive Occident led the people to discredit the pleas of the allies against Germany, and often to incline to sympathize with the German claim of “a place in the sun.” These circumstances tended to keep the Japanese comparatively untouched by the problems created by the war. But the collapse of the great empires and the final outcome of the war could not fail to produce a profound impression among the Japanese. Although the people at large did not realize the whole situation, yet the gravity of the changes and problems was more or less fully grasped, and serious thought was stirred on social and religious questions.


Author(s):  
Vladislav V. Gruzdev ◽  
Dmitriy A. Babichev ◽  
Natal'ya A. Babicheva

The article is devoted to the burning problem that arose in 2014 in the Ukraine, in the regions of Lugansk and Donetsk, and that concerns the right of the people of Donbass to self-determination. This problem is not only of a local territorial nature, but it is also one of the most complex debatable problems of international law. Since the right to self-determination contradicts the principle of territorial integrity of the state, the consideration and solution of this issue is the most burning for the whole population living on the territory of the self-proclaimed people's republics of Lugansk and Donetsk. In the article, the authors analyse the concept of "self-determination of the people" and give a generalised characteristic of it, approving that it is the right of every nation to solve the issues of state structure, political status, economic, social and cultural development independently and at its own discretion. The author also examines the historical past of the people of Donbass, where, in terms of the Republic of Donetsk and Krivoy Rog and various documentary historical and legal materials, we come to the conclusion that the population of Donbass has the right to social, economic, cultural, spiritual and other development just as all the recognised countries of the world.


2008 ◽  
Vol 77 (4) ◽  
pp. 365-400 ◽  
Author(s):  
Jens Elo Rytter

AbstractIn 1953 Greenland, having been a Danish colony for centuries, became an integral part of the Danish realm. The General Assembly in resolution 849 recognised this change of status as an exercise by the people of Greenland of their right of self-determination. Subsequently, however, some scholars have questioned the validity under international law of Greenland's change of status, referring to non-fulfilment of certain substantive and procedural requirements of the exercise of colonial self-determination. Addressing this criticism the article concludes that, based on the norms and standards applicable at the relevant time, there is not a sufficient basis for challenging the validity of Greenland's integration with Denmark in 1953 and the General Assembly's endorsement thereof. Consequently, in legal terms, Greenland cannot today claim a continued right of external self-determination, including independence from Denmark.


2017 ◽  
Vol 41 (3) ◽  
pp. 71-91
Author(s):  
Amelia V. Katanski

Anishinaabe manoomin (wild rice) narratives maintain core aspects of Anishinaabe identity and epistemology, constituting Anishinaabe gikendaasowin (knowledge). Ranging from aadizokaanag to more contemporary dibaajimowinan, these narratives describe the close historical, spiritual, ecological, and material relationships between Anishinaabe communities and manoomin and demonstrate the importance to Anishinaabe self-determination of maintaining such connection. Manoomin feeds the people, and stories by Jim Northrup, Heid Erdrich, Linda LaGarde Grover, Gerald Vizenor, and Winona LaDuke, among others, propagate manoomin gikendaasowin, which supports Anishinaabe food sovereignty activism that seeks to protect and maintain manoomin and provide the nourishment that helps Anishinaabe communities to thrive.


Author(s):  
Maciej Skuczyński

The author examines the role of the United Nations in process of decolonisation of the Western Sahara. The article describes a modern history of Western Sahara focusing on the UN’s policies and activities related to this basing on resolutions, reports and other documents of the organization.The aim of the article is to present UN’s decolonisation and conflict resolution activities in Western Sahara. The text shows that the UN has remarkable achievements concerning the people of Sahara, although the main aim – self-determination of Sahrawi people by referendum – currently is unattainable because of idleness of great powers and firm stance of occupying state – the Kingdom of Morocco.


2005 ◽  
Vol 20 (1-2) ◽  
pp. 289-313
Author(s):  
Roger Chaput

In spite of apparent acceptance by the Imperial government of Durham's recommendation for accelerating the inevitable assimilation of the French culture into its Anglo-Saxon environment, French Canadians nevertheless enjoyed a fair amount of de facto self-government during the years which preceded Confederation. A proof of this is their ability to consolidate during that period the ecclesiastical establishment which was to constitute the core of their social structure for the next century and their success in putting the French language more or less on the same footing as the English language by the repeal of article XLI of the Union Act. Quebeckers were even successful in effecting the codification of their civil laws. All of this however required the active cooperation of the English members of the provincial legislature. A real measure of self-determination was attained by the French as a result of Confederation which gave each province including Quebec exclusive jurisdiction in certain matters. In theory, this new freedom was to be exercised within fairly narrow limits, in view of the federal power to disallow provincial statutes, of the extensive list of federal powers which had priority over a smaller list of provincial powers, and of the federal residual power, not to mention the « general » authority of the federal Parliament. As it turned out, the provinces and therefore Quebeckers enjoyed much more freedom than had been anticipated, as a result of the Privy Council's interpretation of the constitution, a development which to some extent was predictable. The increase in provincial freedom was also due to the political pressure exercised by the provinces themselves. Surprisingly enough, Quebec did not join the « provincial league » at an early hour, Ontario being at first the main defender of provincial autonomy. Quebec's espousal of the provincial cause had to await the removal from power of the Conservatives in the province. The Liberals who took over had voted against Confederation which they regarded as unduly centralized. This in itself would have made them an ally of Ontario. But there was more than that to it. The Quebec Liberals had opposed the 1867 federation from the start (and refused to participate in the 1864 coalition) because they considered that Quebec's freedom might become unduly restrained in a system where she would be faced with numerous partners or provinces, all Anglo-Saxon, instead of having to face an English majority limited to Ontario. It so happened that the Liberals came to power on a wave of profound and widespread dissatisfaction among the French, precisely because of a perceived restriction of their freedoms during the Riel crisis. Hence, the eager look of the people of Quebec towards their own capital as a source of protection against federal encroachment to what they regarded as their legitimate rights. This feeling was reinforced regularly for a period of fifty years as a result first of the Manitoba school question, then the Alberta and Saskatchewan school question, the Keewatin school problem and last but by no means least the Ontario school crisis which this time concerned French schools only. On top of that, came the 1917 conscription to which can be traced the origin of the « modern » separatist movement. During most of that time, the Liberals were in power (1897-1936) and it is no wonder that Quebec gradually became the ever present champion of provincial rights. When Duplessis defeated the Liberals, the trend was so well established that it transcended party lines. Later, the pressure exercised gradually by the separatist movement and the increasing desire of Quebeckers to have more freedom and be masters in their own house led to the Quiet Revolution whose leaders finally asked for a special status. If polls are any indication, it is towards this last approach that a majority of Quebeckers are looking to solve the constitutional question. On the other hand, the right of peoples to self-determination has acquired a wide measure of international recognition since Durham's report which is a far cry from Professor Brossard's recent « report » on the subject as it applies to Quebec, written under the aegis of the Centre de recherche en Droit public of the law faculty of the Université de Montréal. As things now stand, the next step in the determination of Quebec's right to self-government is in the hands of Quebeckers at the forthcoming referendum.


2021 ◽  
Vol 2021 (267-268) ◽  
pp. 219-233
Author(s):  
Prem Phyak

Abstract The purpose of this paper is to analyze how research approaches and methods in language education policy could serve to erase local multilingualism and its associated epistemologies while reproducing inequalities of languages. This paper builds on “epistemicide” (Santos, Boaventura de Sousa. 2014. Epistemologies of the South: Justice against epistemicide. New York: Routledge) to critique how the knowledge constructed on the basis of the evidence collected by using research questions in binary/conflictual terms misrepresents the real experiences and voices of multilingual participants, particularly those from language-minoritized communities. This paper argues that advancing research and building educational practices upon the lived experiences of the people, particularly Indigenous and ethnic minorities, could help us resist the destruction of languages, epistemologies, and linguistic/epistemic self-determination of communities. I use the case of Nepal not only because I am familiar with its historical, sociopolitical, and cultural contexts (so I can provide an insider’s reflective perspective), but also because Nepal’s case offers new insights into understanding language ideological issues in the discourses of language education policies from the vantage point of “peripheral multilingualism” (Pietikäinen, Sari & Helen Kelly-Holmes. 2013. Multilingualism and the periphery. Oxford: Oxford University Press).


2011 ◽  
Vol 42 (2) ◽  
pp. 183
Author(s):  
Rodrigo Gomez

Rodrigo Gomez is a Chilean lawyer who completed a Master of Arts in Pacific Studies with Distinction at Victoria University of Wellington in 2010. The thesis was on the self-determination of the people of Rapa Nui (Easter Island). The thesis begins with this poem. It was written before the troubles in Hanga Roa of July 2010 but is well contextualised by those and more recent events on Easter Island. "Sangrienta repression en Rapa Nui" (2010) The Clinic <www.theclinic.cl>. 


2021 ◽  
Vol 6 (1) ◽  
pp. 139-156
Author(s):  
Yordan Gunawan ◽  
Desi Nur Cahya Kusuma Putri ◽  
Ravenska Marchdiva Sienda ◽  
Sigit Rosidi ◽  
Ami Cintia Melinda

The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashmir, thus the disputes between the two countries can be resolved properly and making a clarity of Kashmir status.


2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Klymenko Kyrylo ◽  

The article provides an analysis of the possibility of separatist formations in Ukraine to refer to the principle of self-determination of peoples as a justification for their activities. The minimum necessary criteria of legal bases for self-determination are considered, among which: the existence of effective connection of the subject of self-determination with a certain territory; the existence of the subject itself, i.e., the people (ethnic group), which claims self-determination; and the recognition by the international community of such a potential entity as the bearer of the right to self-determination. Regarding the connection with the territory, the doctrine of international law and practice recognizes the right to cultural and national self-determination in a particular territory for any ethnic group. This right is limited to the common interests of all the people of the state, which consists in the unconditional preservation of the inviolability and integrity of its territory. As for the existence of the subject of self-determination, the people is recognized as the historical community of people formed in a certain area and have stable features of the language, culture, and mental composition (mentality), as well as aware of their unity and difference from others through conscious self-name. At the same time, diasporas and migrants must be subject to the laws of the country of residence under the right of citizenship or the right of permanent residence. As for the recognition of the subject of self-determination by the international community, it may recognize as the people those who are under colonial rule, occupation by a foreign state, or against whom a policy of racism is pursued. Thus, international law does not protect separatist movements aimed at secession if they do not meet these criteria. This means that separatist formations in Ukraine do not have the right to secession but are terrorist organizations in terms of their methods of activity. Keywords: people, international recognition, right to self-determination, secession, territory


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