scholarly journals The market as a mechanism for conflict resolution: the case of Ecuador

2017 ◽  
pp. 291-315
Author(s):  
Rubén Méndez Reátegui ◽  
Viviana Lescano ◽  
Mayra Mena
Keyword(s):  
Childhood And Adolescence ◽  
Political Rights ◽  
Institutional Barriers ◽  
Role Of The State ◽  
Starting Point ◽  
Efficiency And Effectiveness ◽  
Culture Of Peace ◽  
The Right ◽  
Conflict Resolutions

Efficacy, efficiency, and effectiveness are pillars in the field of law primarily referred to when the discussion focuses on access and the service of providing justice. As discussed by Landero (2014)1, conflict resolutions by means of alternative mechanisms, such as mediation, under the institutional framework, constitute guaran-tees to be respected in processes for which the provision may affect the rights of individuals. This has been well pointed out in Article 8 of the American Convention on Human Rights (2001)2, which regulates judicial guarantees and Article 14 of the International Covenant on Civil and Political Rights. Also, as intrinsic values of the legal system, the efficacy, efficiency and effectiveness have been extensively studied by doctrine contributions from Calsami-glia (1987)3, Paz-Ares and Valencia (1995)4, Mercuro and Medema (1998)5, Zywicki and Stringham (2010)6. However, presenting them operatively in a way that is related to how the evaluation mecha-nism is applied in order to have a better picture of the resolution of conflicts outside of court such as those confined within the field of childhood and adolescence through the market represents a novel contribution. In other words, it is a contribution that will assess the regressive performance (judged) compared to what is obtained by private instruments (mediation centers). The evaluation of alternative justice, specifically mediation for a diagnosis of the performance of this justice, and to contrast it with the trial, allows for mistakes and successes in the develop-ment of service justice in relation to the mechanisms for the reso-lution of conflicts outside of court in cases of childhood and adolescence as a starting point for subsequent evaluations. The guidelines state, specifically with regard to effective mediation, mediation initiatives that are improvised and uncoordinated by states but are launched with the best of intentions, do not contrib-ute to the objective of raising institutional barriers that limit the spontaneous appearance of a culture of peace and non-aggression for which the processes must have strong technical and financial support. In light of this, Marquez (2012)7 evaluated mediation in court, employing the “criteria” that he called; Efficacy, Efficiency and Effectiveness. Although the methodology that was introduced was similar to that of this document, Marquez (2012) defends the role of the state by arguing that it does not conceptualize the crite-ria, and definitions given for the right to mediation should not focus on the issues of resolving conflicts outside of court in cases of childhood and adolescence.

Socialist vicissitudes on the right to work in France, 1848–1851

2019 ◽  
Vol 33 (4) ◽  
pp. 572-586
Author(s):  
Thomas Bouchet
Keyword(s):  
Private Property ◽  
The State ◽  
Political Rights ◽  
Second Republic ◽  
Right To Work ◽  
Role Of The State ◽  
Fourth Republic ◽  
The Right ◽  
Revolution Of 1848

Abstract This article examines the different meanings given to the ‘right to work’ during the French Second Republic (1848–51). Although liberals painted all demands for this right with the same ‘socialist’ brush, denouncing them as vague and dangerously utopian, calls for this right were neither vague nor exclusively socialist. Those espousing the right to work held concrete, if differing, views about what duties it entailed and what its relation was to private property, political rights and the role of the state. This essay examines the views of socialists, non-socialist and labour associations on the right to work, examining how they changed in the course of the Revolution of 1848. As faith waned in the state’s willingness and ability to secure it, so, too, did preoccupations with the right to work, which gave way increasingly to associationalism. The right would not become constitutional until the Fourth Republic.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

scholarly journals The Role of State in Achieving Sustainable Development Goals in Slovenia

2020 ◽  
Vol 29 (4) ◽  
pp. 233
Author(s):  
Senko Plicanic
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
Active Role ◽  
The State ◽  
The Sustainable Development ◽  
Role Of The State ◽  
Starting Point ◽  
Development Goals ◽  
State And Local

<p>The article analyses the importance of an active role of the state in achieving the Sustainable Development Goals. Its starting point is that despite the fact that today there is a growing recognition in the world that for the implementation of sustainable development an active role of the state and local self-governing communities is indispensable and despite the fact that in Slovenia such a role of the state in implementing sustainable development stems from its Constitution, so far, too little has been done in Slovenia to achieve the Sustainable Development Goals. The purpose of this article is to analyse theoretical arguments and the Constitution in order to show the need for an active role of the state in implementing sustainable development goals, and also to discuss basic steps to be implemented in order to achieve an active role of the state in Slovenia. In this article comparative and analytical methods were used in studying the literature and regulation. The article, based on theoretical arguments and the constitutional analysis, identifies the need for an active role of the state in implementing sustainable development goals, and proposes arguments for it and also basic steps toward an active role of the state. The discussed topic is new and this article contributes to the field some fundamental arguments for the active role of state and for the more comprehensive policy-making. The article offers theoretical and constitutional arguments to be implemented in order to transform the present role of the state from a passive one into an active role and its findings are meant to be used by policy-makers and law-makers as a significant argument to pursue more active role of the state in implementing sustainable development goals.</p>

Equity and the Right to Do Wrong

2020 ◽  
pp. 72-91
Author(s):  
Andrew S Gold
Keyword(s):  
The State ◽  
The Self ◽  
Role Of The State ◽  
The Right ◽  
The Relationship ◽  
Private Litigation ◽  
Better Than

This chapter discusses how the ‘stickler-enjoining’ account of equity has important limits. While many distinctive doctrines of equity can be understood to limit stickler behaviour, equity in fact often turns a blind eye to, and sometimes even enables, stickler behaviour. One can sort cases in which equity restrains sticklers from those in which it is indifferent to stickler behaviour if one attends to the role of the state in private litigation. Sometimes the state’s responsibilities require it to protect plaintiffs against sticklers. Other times, it requires it to protect the stickler, as a means, for example, of keeping as open as possible each person’s sphere of choices. Ultimately, the self-regarding account of equity sheds light on the question of the relationship between equity and justice: from the distinct perspective of the judgment, sometimes equitable justice is better than legal justice and sometimes legal justice is better than equitable justice.

Talent development in Chinese and Swiss music students

2017 ◽  
Vol 36 (2) ◽  
pp. 230-243
Author(s):  
Suse Petersen
Keyword(s):  
Music Education ◽  
Talent Development ◽  
External Factors ◽  
Music Students ◽  
Childhood And Adolescence ◽  
Factors Affecting ◽  
Chinese Music ◽  
Starting Point ◽  
Internal And External Factors

Musical talent development and the factors that influence it—such as family or peers—have been widely researched, especially in a Western setting. Despite the growing body of research in non-Western cultures and regions, there is still a lack of research comparing the factors and perceptions of musical talent development between Western and Asian settings. This interview study compared Swiss and Chinese music students’ ( N = 19) musical talent development and the factors influencing musical talent during childhood and adolescence, their professional aims, and their perception of internal and external factors affecting talent development. The students had similar opinions regarding the role of their teachers, the roles of internal and external factors in talent development, and their career goals. However, the students from China and Switzerland differed in their experiences of making and discussing music with peers, in the difficulties experienced during their music education, and in their relationship with their families. The results are a starting point for further comparative research on the perception and development of musical talent, and offer material for a mutual understanding of music students’ backgrounds in countries with differing music education traditions.

The Right to Political Participation in Sub-Saharan Africa

2019 ◽  
Vol 8 (2) ◽  
pp. 128-161
Author(s):  
Christof Heyns ◽  
Charles Fombad ◽  
Pansy Tlakula ◽  
Jimmy Kainja
Keyword(s):  
Political Participation ◽  
Freedom Of Expression ◽  
Sub Saharan Africa ◽  
Political Rights ◽  
Political Systems ◽  
International Treaties ◽  
The People ◽  
Sub Saharan ◽  
The Right

The effective realisation of the right to political participation is essential for the legitimacy of political systems and for enabling the people to shape, and assume responsibility for, their lives. Although the right to political participation is recognised in article 25 of the International Covenant on Civil and Political Rights as well as in other international treaties, its realisation in practice is often partial, it depends on the extent to which numerous interrelated rights, such as those to freedom of expression, access to information and peaceful protest, have been secured. Focusing on sub-Saharan Africa, this article examines the right to political participation as set out in national constitutions and in the instruments of the United Nations, the African Union and sub-regional bodies. It also considers the role of social media in this context. The article concludes by suggesting how this crucial right could be implemented more effectively in Africa.

Legal basis of the mechanism of implementation of the constitutional right to social security in the Russian Federation

2019 ◽  
Author(s):  
Павел Байматов ◽  
Pavel Baymatov
Keyword(s):  
Social Security ◽  
Russian Federation ◽  
Legal Basis ◽  
Role Of The State ◽  
Municipal Employees ◽  
Wide Range ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right

The monograph is a study of theoretical and practical problems associated with the implementation of the constitutional right of citizens to social security. It adequately covers the historical and contemporary issues of the right to social security in Russia, studying international experience. The book raises the problem of implementation of the constitutional right of citizens to social security in the Russian Federation in modern conditions, if necessary, reduce the paternalistic role of the state, proposed measures aimed at increasing the role of citizens, identified theses related to the search for the most optimal and effective forms of modernization of the mechanism of realization of the right to social security. The book is addressed to state and municipal employees, deputies of representative bodies of state power and local self-government, researchers, teachers, graduate students, students of Humanities and a wide range of readers.

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

scholarly journals MedTech Innovation using a structured Biodesign process: Barriers and Opportunities

2021 ◽  
Vol 36 ◽  
pp. 106-112
Author(s):  
Jagdish Chaturvedi ◽  
Gunda Srinivas
Keyword(s):  
Negative Impact ◽  
Clinical Problem ◽  
Active Role ◽  
Multidisciplinary Teams ◽  
Whole Process ◽  
Starting Point ◽  
Significant Negative Impact ◽  
Barriers And Opportunities ◽  
The Right

Objectives: Medical Technology (MedTech) can be defined as the application of science to develop solutions to health problems. It also includes devices, processes and existing systems in the healthcare ecosystem. Biodesign process is the tried and tested methodology of identifying the unmet clinical needs and solving the problems of the healthcare ecosystem by applying science and technology. Hence, biodesign process is nothing but a process of developing systematic MedTech Innovations. Just like there is clinical research for disease and all its aspects like etiology, management etc, the systematic process of identifying problems and finding solutions in healthcare ecosystem is termed biodesign process. The starting point in this whole process is to define the right problem, figuring out all the possible solutions, zeroing on to the right solution and see that it solves the problem efficiently. But ultimately, did that solve the problem? At the first instance, was there a problem at all? These are the questions that arise during the course and biodesign process has the answers to all these questions. This process allows the innovator to ask the right questions and find the right answers in the best possible way, so that any of the time and effort of the team are not futile. The biodesign process established by the Stanford biodesign program gave the basic understanding of the process, which was modified to the Indian healthcare ecosystem to identify relevant problems and innovate suitable solutions. Materials and Methods: Multidisciplinary teams went through clinical immersions, figured out various crucial needs, validated their understanding with subject experts, brainstormed about the new strategies/solutions/ approaches, and then did the prototyping of these solutions. Results: 71 detailed observations made overall of which 52 critical and unmet clinical problem statements with significant negative impact on patient outcome were obtained. Conclusion: A structured biodesign process with active role of the clinician at every stage gives better insights into the unmet clinical needs in the healthcare ecosystem.

Part VI Actors, Ch.35 The State

2021 ◽  
Author(s):  
Marauhn Thilo
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
The State ◽  
International Environmental Law ◽  
Role Of The State ◽  
Starting Point ◽  
International Legal System ◽  
Changing Role ◽  
Freedom Of Action

This chapter assesses the role of the state in international environmental law. The starting point is the Westphalian notion of states' unimpaired freedom of action, increasingly revealed as a ‘myth’. The chapter then considers ideas of contemporary statehood—an element of a global system of environmental governance. Contemporary statehood and its relevance for international environmental law can best be illuminated by focusing on the roles assumed by states as authors, addressees, and guardians of international law. Finally, the chapter discusses the changing role of states in light of ongoing transformations in the international legal system, including the growing plurality of actors, norms, and institutions, as well as the growth of inter-linked networks of states and other actors.

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