Interference with Freedom of Expression

Established as a personal right, the right to free speech implies obligations and duties, which may generate possible restrictions. Freedom of expression works correctly in a legal framework when it comes to a legitimate aim in a state law. Article 10, paragraph 2, of the Convention explains the conditions under which the right to freedom of expression is justified by the need to protect certain public interests (such as those relating to national security, the territorial space of the state, public order, the prevention of crimes, the protection of health and social morals, the guarantee of authority and the impartiality of the judiciary) but also to protect certain private interests, such as reputation and the rights of others. persons or the need to prevent the publication of secret information. This paragraph basically authorizes states to take certain measures to protect those interests, which materialize through rules and normative rules of the right to conscience, opinion and freedom of expression States enjoy a margin of appreciation for establishing the need for such reactions in a state governed by the rule of law, but in the end it is also up to the European Court of Human Rights to rule on the compatibility of interference with the provisions of the Convention, assessing on a case-by-case basis if the interference arises as a result of the urgent social issues and whether it is fair.

Human Rights and Socio-Environmental Conflicts of Mining in Mexico: A Systematic Review

Socio-environmental conflicts are situations that exemplify human rights transgressions caused by extractive activities. These are present in developing countries where extractivism, imperialism, and colonialism paradigms prevail. In the context of Mexico, criminalization, violence, and the absence of rule of law promote these conflicts, frequently aggravated by involvement with private interests. In the last 20 years, the relationship between human rights in the mining sector and its impact on the environment has been a critical research subject. This paper aims to carry out a systematic review to analyze human rights transgressions related to the mining industry’s impact in Mexico, and identify factors causing socio-environmental conflicts. The current study shows a systematic analysis based on the PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) methodology. This method contributed to the collection of references that describe conflicts due to human rights transgressions and environmental damage in mining areas in Mexico. Human rights transgressions caused by mining in a Mexican context demonstrate the inability of the state to stop the increase in socio-environmental conflicts and its lack of concern towards preventing damage to the environment.

B Corp Certification Effects

Compliance with the Sustainable Development Goals (SDGs) and the 2030 Agenda represents a large investment that cannot be obtained solely through public resources. Therefore, it is necessary for the private sector to align itself with the SDGs and integrate them into its business model. In an attempt to align private interests with the SDGs, various impact measurement initiatives have emerged in recent years. However, none of them have been universally accepted, in part, because they still have weaknesses. As an alternative, some companies have chosen to become certified. The figures show that the B Corp certification is one of the most important ones internationally, since it has been growing at a rapid pace since its creation. In fact, there are currently almost 4,000 certified companies throughout the world. Despite this fact, there are very few studies which analyze the main effects of this certification yet. Therefore, the objective of this chapter is to validate a questionnaire that collects these effects through a Delphi study, formed by a panel of experts in the B Corp movement.

Legacy Economics and Meta-Management of Creativity in Destinations

The concept of “Legacy” might have many interpretations, going from tangible to intangible, and accordingly, it can include a series of items that can be bequeathed to different kind of “heirs.” Either the giver or the community as main role players involved, the legacy is a bond for public administrations and destination managers. Legacy economics will be here connected to the innovative management of cultural destinations, where several and multi-goals-holders connect in order to provide resilience of villas, museums, and cultural assets together with increasing audiences and tourists. The collection of data about resilient creativity in Como (in the North of Italy) will show connections between legacy and management of public-private organizations for the last decade. A versatile and wide range of public and private interests together with national and international relevance will emerge. Community-type destinations will result as an original and innovative governance for resilience of culture and creativity connected with legacies and meta-management.

On the Role of the Goal-Setting in Human Activity and Social Development

The goals of human activity are diverse, ambiguous and often opposite. In the article, goal-setting is seen in the context of the concepts of freedom and necessity, as a subject-object attitude, from the point of view of a dual role of consciousness – as knowledge (usually incomplete, personal, sometimes distorted) about the object to which the action of the subject is directed, and as an attitude to the object. The goal-setting is determined by the needs of the person, his interests in material life and other spheres. The dominance of the market order and private interests in an individualized society gives social development a spontaneous character – a development driven by many different goals, but not by common purpose. In the process of social development a discord is arising between private interests and social needs. Hence there is the need for development guided by social foresight in order to prevent threatening tendencies. In the light of global challenges and threats, the optimal combining of private and common human interests is becoming an increasingly urgent task, requiring changes in traditional priorities. The Sustainable Development Goals approved by the UN summits should be considered in terms of creating conditions for the survival of mankind.

Liberalization and Governance in the Geographical Distribution of Pharmacies in Spain

The Health system in Spain is considered one of the most valued public services by the population. In fact, during the first decade of the 21st century, Spain became a health tourism destination for people from central and northern European countries. In addition to the health infrastructure, the quality of medical and nursing care stands out. Something similar also happens with the Spanish pharmaceutical system. However, there are some characteristics that should be addressed from a Geography perspective. The pharmacies’ legal system does not consider them to be of public interest. One is when some of the main activities are the sale and distribution of medicines that are partially paid for by the Administration, that is, Social Security. In the same activity, the public function is combined with the private interests of the pharmacy owners to provide a balanced territorial service. One of the conclusions demonstrates how the borders that are sometimes created by the Administration are not always the most efficient in relation to the characteristics of the territory, nor do they provide the best service to the population and, therefore, create territorial imbalances within a country. To reach our conclusions, we carried out an exhaustive study of the pharmacy legislation in the EU and in Spain, as well as Geography of Health and theories of territorial location. We combined this information with statistics on the territorial characteristics of Spain. This allowed us to confirm the peculiarities that exist within the governance of the distribution of pharmacy offices in Spain.

Heritage preservation easements, urban property, and heritage law: Exploring Canadian common law and civil law tools for responding to international cultural preservation frameworks for cities

This article will first situate cultural heritage preservation in the urban context through an overview of notions of outstanding universal value, the role of cities in cultural heritage and municipal archaeology generally, paths toward the equitable and sustainable development of cities, and inclusive urban cultural rights in the context of cultural heritage where these appear within international law and guiding international legal frameworks for the protection of cultural heritage. The article will also discuss the notion of the ‘public good’ as it is applied within heritage preservation decisions and will also address the balancing of public and private interests in built heritage preservation. This article will further turn to the broad legal framework of cultural heritage protection for built spaces in Canada before narrowing in on the common law concept of a heritage easement agreement – notably, how it is and can be deployed in Canada – and the civil law conservation servitude as it is available in the Civil Code of Quebec.

Constitutional and legal models of countering terrorism

Introduction. Terrorism as a socio-political phenomenon that violates the security, rights and interests of the individual, society and the state, puts forward new tasks for constitutional construction in a globalizing world. That is why the article examines the current constitutional and legal models of countering terrorism. The author analyzes various points of view of scientists and politicians on the relationship of human rights, as well as other constitutional values with measures of response to an emergency. Theoretical analysis. The study of the constitutional and legal models of countering terrorism is important not only from a theoretical, but also from a practical point of view, since the most serious and systematic abuse of exclusive powers and violations of human rights occur during countering threats to public order and national security. Empirical analysis. Considering the models for the application of exceptional measures in emergency situations, we draw attention to the following important factors within the framework in which they are implemented: whether the exceptional anti-terrorist measures are aimed at protecting the constitutional order, human rights and freedoms or when they are introduced, other goal-setting is possible; whether the state considers anti-terrorist measures to be extraordinary or proceeds from the assumption that their use is possible in the normal course of the exercise of state power; whether the transition of the state from emergency measures to the usual regime of exercising state power has been ensured in a normative way. Results. Systematizing the views of scientists on the problem of state countering terrorism, we have identified the following basic constitutional and legal models: the absolutization of human rights, non-constitutional and based on achieving a balance of public and private interests.

The theory of a just state in the philosophical concept of the institutional person

The antagonisms in the development of modern social relations make working out the idea of creating comfortable life conditions for a person in society topical again. This circumstance suggests reconsidering the theory of a just state within the context of the philosophical conception of the institutional person with a substantial comprehension of the institutional organization of society comparing it with the variability of the tasks of modern democracy. The philosophical concept of the institutional person concerning a just state as a rational concept-construct for a human life and the organization of society continues a series of scientific articles on the concept of the institutional person: the ontological and value foundations which reveal its new possibilities for the analysis of social being. When considering the problem of the formation of a social state as a rational concept-construct for a human life and the organization of society through the prism of the philosophical concept of the institutional person, the principles and mechanisms of its solution are revealed. The paper draws attention to the natural processes of the formation of the middle class and the development of value consciousness which, while maintaining functional differentiation in society, form its social and class homogeneity defining the common tasks of modern democracy aimed at aligning the private interests of the domestic bourgeoisie with the national and regional interests of the country’s development and the personal interests of a human being, and to the painless transformation of domestic oligarchs into aristocrats, into allies of the middle class.

What Has Changed Since 2015? A New and Expanded Update on Copyright Practices and Approaches at Canadian Post-Secondaries

Objective – The aim of this study is to update our understanding of how Canadian post-secondary institutions address copyright education, management, and policy matters since our last survey conducted in 2015. Through the new survey, we seek to shed further light on what is known about post-secondary educational copying and contribute to filling some knowledge gaps such as those identified in the 2017 statutory review of the Canadian Copyright Act. Methods – In early 2020, a survey invitation was sent to the person or office responsible for oversight of copyright matters at member institutions of five Canadian regional academic library consortia. The study methods used were largely the same as those employed in our 2015 survey on copyright practices of Canadian universities. Results – In 2020, respondents were fewer in number but represented a wider variety of types of post-secondary institutions. In general, responsibility for copyright services and management decisions seemed to be concentrated in the library or copyright office. Topics covered and methods used in copyright education remained relatively unchanged, as did issues addressed in copyright policies. Areas reflecting some changes included blanket collective licensing, the extent of executive responsibility for copyright, and approaches to copyright education. At most participating institutions, fewer than two staff were involved in copyright services and library licenses were the permissions source most frequently relied on “very often.” Few responded to questions on the use of specialized permissions management tools and compliance monitoring. Conclusion – Copyright practices and policies at post-secondary institutions will continue to evolve and respond to changes in case law, legislation, pedagogical approaches, and students’ learning needs. The recent Supreme Court of Canada ruling on approved copying tariffs and fair dealing provides some clarity to educational institutions regarding options for managing copyright obligations and reaffirms the importance of user’s rights in maintaining a proper balance between public and private interests in Canadian copyright law.