Showing papers on "Fundamental rights published in 1970"

Some Observations on the Property Rights of Athenian Women

Abstract: and the wrath of Zeus in the mouth of a goddess, and maintained, with the customary comic lapses, to the end of the scene. eTv/j,os(-a)s) never occurs in Attic prose (PI. Phaedr. 260 e is quoted from a Spartan, and [PL] Ax. 366 b may be disregarded as of uncertain date), in tragedy is confined, except Eur. El. 818, to lyrics or anapaests, and in Ar. occurs only twice, both in paratragic Peace 114-18 (dact.). The corruption would be very easy in an uncial text lacking word-division: 6TYM0NM0I could become by haplography 6TYM0I, and eTvuos was often corrupted by scribes into the commoner, and similarly pronounced, froi/io?. Cf. Aesch. Supp. 81 where M's erol^cos has been emended by Arnaldus to irvjuus, P. V. 596 where M originally had Iroi/xa for ervfia, Plato ll.cc. where at least one manuscript has the corruption, and Soph. Ph. 205 where all manuscripts except R have erot/ia. A scribe transferring uncial and undivided eJ>PACONA£TOIMOI into meaningful words would be forced to produce the text of the paradosis. For the reverse error in word-division cf. Aesch. Ag. 312 where Schiitz was the first to see that the senseless TOIOI'8' €Tot/ioi (ervfioi F) was really roioi'Se TOI fioi.

The discretionary powers of the prosecuting attorney in West Germany

Abstract: The prosecuting attorney in the Federal Republic of Germany has by no means the same degree of freedom in the exercise of discretion as belongs to his American counterpart. The difference arises above all from historical reasons. About the middle of the 19th century the office of prosecuting attorney (Staatsanwaltschaft) was introduced into the states of the German Federation following the prototype of the French procureur du roi. The purpose of the new institution was first and foremost to replace by the accusatorial process the old inquisitorial procedure, in which the roles of prosecutor and decisionmaker were united in one and the same person-namely, the judge. Indeed, it was expressly stated by the first German National Assembly of 1848 to be one of the fundamental rights of the German people that: "In criminal cases the accusatorial process shall be used." However, it was felt undesirable to turn the power to prosecute a complaint over to either the police or the injured party. On the one hand the former stood too much in the shadow of the authoritarian state that people had wanted to discard in the liberal revolution of 1848. The fear prevailed that the police, if placed in the position of prosecuting agency, would assert too strongly the state's desire to exercise power, and would not subject themselves sufficiently to the strict observation of law which people wanted in criminal proceedings. The aggrieved private party on the other hand appeared similarly unsuitable to perform the prosecutorial function. Here the concern was that the accustomed thoroughness of criminal justice under the inquisitorial system, which, after all, had preserved law and order under the absolute state not badly, would be lost under a purely private system of presenting the prosecution's case. Thus the mid-nineteenth century reform movement in criminal procedure created the office of prosecuting attorney as an institution to take over the function of prosecution independent of the court itself, but which at the same time could preserve the zealousness of the prosecution. As in France, the primary function of the German state's attorney's office is initiating criminal prosecution. The Rules of Criminal Procedure' state: "The initiation of judicial investigation is conditioned upon the filing of a criminal complaint." In immediate juxtaposition to

The floor of rights in European labour law

Abstract: Most European countries have legislated to provide a basic floor of rights which underpins collective bargaining. This article reviews the experiences of the major European countries and examines the way that the floor of rights is being extended. It also discusses the floor of rights in the context of the search for labour market flexibility.

Gender, Culture and Human Rights

Abstract: Most human rights movements have rightly focused on the state as a mobilization site for change. The family is an additional site of contestation for human rights and particularly for women's human rights. Without addressing its structure, culture, and dynamics, neither women nor men will be freed of relations of domination.

Global Justice and Human Rights: Health and Human Rights in Practice

Abstract: The origin and justification of human rights, whether anchored in biological theory, natural law theory, or interests theory, as well as their cultural specificity and actual value as international legal instruments are subject to ongoing lively debates. As theoretical and rhetorical discourses challenge and enrich current understanding of the value of human rights and their relevance to democratic governance, they have found their way into public health in recent decades and play today an increasing role in the shaping of health policies, programs and practice. Human rights define the obligations of states to their people and towards each other, create grounds for governmental accountability and inspire recognition of, and action on, factors influencing people’s attainment of the highest possible standard of health. This article highlights the evolution that has brought health and human rights together in mutually reinforcing ways. It draws from the experience gained in the global response to HIV/AIDS, summarizes key dimensions of public health and of human rights and suggests a manner in which these dimensions intersect in a framework for analysis and action.

El reconocimiento del Estatuto de Refugiado por la afectación a Derechos Fundamentales como consecuencia del Cambio Climático

Abstract: This paper analyzes the problem of climate change and its consequences on human mobility and the violation of fundamental rights caused by forced displacements, which occur as a result of this anthropogenic process, highlighting the existing legal lack of protection in relation to climate refugees and making an approach to the term "climate refugee". Additionally, the Ecuadorian legal system in relation to the constitutional mandate and the Bill of Human Mobility in the context of climate change is analyzed.

The influence of the Human Rights Convention on Austrian law

Abstract: The purpose of this study is to examine the impact of the European Convention for the Protection of Human Rights and Fundamental Freedoms on the Austrian legal system. This subject awakened great interest among theorists from the moment when the Convention was ratified, and was exhaustively discussed in legal literature.' From this discussion, there emerged with greatest prominence certain questions raised by the reception of an international treaty into the internal law of a State. These questions include the place of the Convention in the domestic hierarchy of legal norms; whether the provisions of the Convention are self-executing; and, finally, what are the obligations that a State incurs by reason of the Convention. For several years much less attention was paid to the more practical problems of how the Convention affects the application of Austrian legal norms.2 But now, after ten years of experience under the Convention, it is time to draw up a balance, and measure the influence of the Convention. The focal point of such an accounting must be the applica-

The Evolution of the Civil Rights Movement: 1866-1883

Abstract: An understanding of the development of the Civil Rights Act of 1866 from its beginnings in the Senate to its culmination in April necessitates a few brief statements concerning the condition of the nation and the relations between the President and Congress.

Do Affluent Countries Violate the Human Rights of the Global Poor

Abstract: In this article I consider Thomas Pogge’s thesis that affluent countries are violating the human rights of the global poor by contributing support to the current global institutional order. My claim is that affluent countries are not violating the human rights of the global poor in the ways suggested by Pogge. I start by defining a set of conditions that ought to obtain in order to say that a human rights violation has taken place. Then I consider two possible interpretations of Pogge’s thesis and argue that none of them fulfills the conditions required to speak of a human rights violation. On my view, as long as domestic states have the capacity to fulfill the human rights of their own people, poverty constitutes a domestic human rights violation even if the international institutional order somehow contributes to creating this state of affairs. Finally, I examine what transnational duties human rights entail and claim that affluent countries must contribute to the creation of an international order providing domestic states accurate background conditions for the promotion of human rights at the domestic level.

The International Protection of Human Rights: A Survey of Recent Literature

Abstract: IN I963 the General Assembly of the United Nations noted -that the year I968 will be ithe twentieth anniversary of the adoption and proclamation of the Universal Declaration of Human Rights. It recognized th-at in spite of progress made, ;the effelctive realization of the human rights and fundamental freedoms proclaimed in ithe declaration remained unsatisfactory in some parts of the world. Convinced ithat an appropriate way of celebrating the twentieth annivers;ary was to devote the ye.ar I968 to intensifiezd national and international efforts and undertalkings in the field of human rights and also to an international review of the achievements in this field, the General Assembly decided 'to design-ate ;the year I968 as Intern,ational Year for Human Rights (General Assembly Resolution I96I [XVIII] of December 12, I963). In I965 the General Assembly decided that an international conference on human righits should be convened during I968 (General Assembly Re;solution 208I [XX] of December 20, I965). A,t 'the invitation of the government of Iran the conference was 'held in Teheran in April and May I968. On December 21, I965, the General Assembly adopted and opened for signature and ratification the International Convention on the Elimination of All Forms of Racial Discrimination (General Assembly Resolution 2io6A [XX] of December 21, I965). It enteretd into force on January 4, I969. On December i6, I966, the General Assembly adopted and opened for signaiture, ratification, and acces,sion the International Covenant on Economic, Social, and Cultural Rights, the Initernational Covenant on Civil and Political

International Human Rights Instruments and Laws

Abstract: The second half of the twentieth century has witnessed a strive of the international community to promote respect for human rights and fundamental freedoms everywhere in the world. Within this context, the greatest achievement of the United Nations (UN) system is considered to be the creation of a body of international human rights instruments and laws, amongst them those pertaining to the administration of justice and the protection of prisoners. The present article reviews the concept of international human rights law, the instruments relating to the protection of prisoners and the way these instruments address the issue of women prisoners.