9 The Myth of Strict Scrutiny for Fundamental Rights

2012 ◽  
pp. 237-272 ◽  
Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 39
Author(s):  
Javier Martínez-Torrón

The government’s measures against COVID-19 have raised, in virtually all contemporary democracies, important issues regarding the proportionality of limitations on fundamental rights, including freedom of religion or belief. This paper analyses some of those issues with particular reference to religious freedom, in the light of the experiences of various European and American countries. It also examines the cooperation (or lack of) between governments and religious communities in the fight against the pandemic, as well the response of religious communities to anti-COVID-19 rules, which has included recently some litigation alleging the unequal treatment of religion in comparison with other activities or institutions. The author argues that more dialogue and reciprocal cooperation between governments and religious communities (and civil society in general) is needed in this type of crisis, as well a strict scrutiny of restrictions imposed on freedom of religion from the perspective of proportionality and equality.


2016 ◽  
Vol 22 (4) ◽  
pp. 367-379 ◽  
Author(s):  
Régine Debrosse ◽  
Megan E. Cooper ◽  
Donald M. Taylor ◽  
Roxane de la Sablonnière ◽  
Jonathan Crush

2019 ◽  
Vol 1 (1) ◽  
pp. 31
Author(s):  
Fernando Ledesma Perez ◽  
Maria Caycho Avalos ◽  
Juana Cruz Montero ◽  
Andrea Ayala Sandoval

Citizenship is the exercise of the fundamental rights of people in spaces of participation, opinion and commitments, which can not be violated by any health condition in which the individual is. This research aims to interpret the process of construction of citizenship in hospitalized children, was developed through the qualitative approach, ethnomethodological method, synchronous design, with a sample of three students hospitalized in a health institute specializing in childhood, was used Observation technique and a semi-structured interview guide were obtained as results that hospitalized children carry out their citizenship construction in an incipient way, through the communication interaction they make with other people in the environment where they grow up.


2020 ◽  
Vol 1 (1) ◽  
pp. 132-135
Author(s):  
William J. Daniels

This personal narrative recounts the experiences of an NCOBPS founder, who discusses significant events in his life from student to faculty that motivated his professional journey, including his participation in the founding of NCOBPS. It reflects on what it meant to be a black student, and later, a black faculty member teaching at a predominantly white institution in the political science discipline in the 1960s. It also provides a glimpse into how the freedom movements shaped his fight for fundamental rights as a citizen. Finally, it gives credence to the importance of independent black organizations as agents for political protest and vehicles for economic and social justice.


2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.


1998 ◽  
Vol 79 (2) ◽  
pp. 188-196 ◽  
Author(s):  
Stephen French Gilson ◽  
John C. Bricout ◽  
Frank R. Baskind

Social work literature, research, and practice on disabilities has lagged behind other topical areas dealing with oppressed groups. The social work literature remains “expert focused” and generally fragmented into discussions of specific disabilities or subpopulations. A viable general model that deals with the personal experience of disability is not available. This exploratory study presents a social work literature search and analysis as well as interviews with six individuals with disabilities about their experiences with social workers. Individuals with disabilities assert that they were treated as though they had categorically fewer aspirations, abilities, and perhaps even fundamental rights than did nondisabled people. This study provides a base for follow-up research on models of consumer-focused social work practice in the area of disability.


2018 ◽  
Vol 6 (1) ◽  
pp. 8
Author(s):  
Mohammad Ahashan ◽  
Dr. Sapna Tiwari

Man has always tried  to determine  and tamper the image of woman and especially her identity is manipulated and orchestrated. Whenever a woman is spoken of, it is always in the relation to man; she is presented as a wife , mother, daughter and even as a lover but never as a woman  a human being- a separate entity. Her entire life is idealized and her fundamental rights and especially her behaviour is engineered by the adherents of patriarchal society. Commenting  on the Man-woman relationship in a marital bond Simone de Beauvoir wrote in her epoch-making book entitled The Second Sex(1949): "It has been said that marriage diminishes man,  which is often true , but almost always it annihilates women". Feminist movement advocates the equal rights and equal opportunities for women. The true spirit of feminism is into look at women and men as human beings. There should not be gender bias or discrimination in familial and social life. To secure gender justice and gender equity is the key aspects of feminist movement. In India, women writers have come forward to voice their feminist approach to life and the patriarchal family set up. They believe that the very notion of gender is not only biotic and biologic episode but it has a social construction.


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