Search results for " Right"
showing 10 items of 1166 documents
Fundamental rights and the proportionality principle
2017
The paper assesses the widespread use of the test of proportionality in fundamental rights adjudication. While constitutional and human rights courts all over the world appear to be consistently engaged in deploying the test of proportionality in order to assess the permissibility of a given rights limitation, this approach is under severe criticism insofar as it is considered an attack to the very idea of fundamental rights. The paper will discuss this criticism of the use of proportionality, and will provide a defense of its use by courts in light of some basic features of the contemporary discourse of fundamental rights. El artículo evalúa el uso generalizado de la prueba de proporcional…
Usos de lo psicosocial en la investigación y tratamiento de las intersexualidades/DSD*
2016
Desde el punto de vista médico, la ‘ambigüedad sexual’ en bebés recién nacidos ha sido catalogada como una urgencia psicosocial, que dispara un protocolo de diagnóstico e intervención —quirúrgica y hormonal— para “fijar” el sexo y “corregir” el cuerpo. Desde perspectivas sociales y críticas, se prefiere hablar de variabilidad sexual, es decir, de cuerpos sexuados que no encajan con las expectativas dualistas de lo que es considerado propio de un cuerpo de hombre o de un cuerpo de mujer, o en los que diferentes componentes del sexo —cromosómico, hormonal, gonadal o anatómico— no son coherentes. En las últimas décadas, ha surgido una fuerte controversia en torno a la intersexualidad y a la ne…
The participation paradox: demand for and fear of immigrant participation
2019
In this paper, we address the ambivalence in European immigrant integration discourses toward the political participation of immigrants. We show how this ambivalence manifests in what we call a ‘participation paradox’, which is constituted by two apparently conflicting, but potentially mutually reinforcing characteristics of the discourse. The first emphasizes the need for immigrants to be active in order to attain a well-integrated society and well-functioning democratic polity; the second is a call for the protection of liberal democratic institutions from the alleged ‘illiberal threats’ that migrants pose to society. Immigrant participation is thus both demanded and feared. Using illustr…
Contextual perceived group threat and radical right-wing populist party preferences: Evidence from Switzerland
2016
Existing studies suggest that perceived group threat is an important influence on radical right-wing populist party preferences. However, most have focused on perceived group threat at the individual level, overlooking the ideological climate. I examine how an ideological climate of group threat perception as a contextual factor can shape individual preferences for radical right-wing populist party preferences. I argue that above and beyond personal perceived group threat, the prevalence of local perceived group threat exerts a normative influence on personal preferences. Using voting preferences for the Swiss People’s Party, I employ multilevel structural equation modeling to examine the …
Balancing seclusion and inclusion: EU trilogues and democratic accountability
2020
This article assesses how trilogues affect the possibilities to hold the European Parliament to account from the perspectives of democracy as political equality and democracy as epistemic quality. ...
Informal Learning for Citizenship Building in Shared Struggles for Right: Cases of Political Solidarity Between Colombian and Spanish Organisations
2015
[EN]: Dominant discourses and practices in international cooperation have been characterised by depoliticisation and unequal power relationships. However, a number of more transformative experiences of cooperation also exist, where joint work between Northern and Southern social organisations is linked with a more political perspective. These kinds of experiences can be considered processes of informal learning in social action: through shared actions, strategies and frameworks and through interaction between organisations, institutions and the grassroots, informal and multidimensional learning processes occur in the people and organisations engaged. The study approaches four cases of netwo…
Ai ricci importa la salute pubblica? La teoria dei diritti di Dworkin, i beni pubblici e le sfide della pandemia
2023
In this paper, after offering a short vindication of public health as public good that liberal government should guarantee, I will show why Ronald Dworkin’s theory of justice in health care does not offer guidance in two cases that arise in pandemics: 1) how to set priorities in rationing access to intense care unit, 2) how to choose between vaccination policies. This lack of guidance is due to an unrealistic assumption that follows from Dworkin’s idea of the unity of value: that it is always possible to strike a balance between individual rights and collective claims in maintaining a public good (in this case public health).
Problem Questions of Insurance Contract Regulation in Latvia
2012
This paper reviews significant defects of Latvian Insurance Contract Law arising from its drafting procedure and interrelation with other laws. Particular attention is paid to the out-dated approaches contained in this law, and the paper discusses them in conjunction with approaches developed in other European countries, including neighboring countries. The paper challenges inclusion of regulations of insurance contract in the above mentioned separate law and instead proposes its inclusion in the Civil Law of the Republic of Latvia, and provides grounds for such proposal.
Bidirectional Glenn and antegrade pulmonary blood flow: temporary or definitive palliation?
2008
Background We sought to investigate the role of the bidirectional Glenn with antegrade pulmonary blood flow in the surgical history of children with univentricular hearts. Methods A series of 246 patients, from three joint institutions, having univentricular heart with restricted but not critical pulmonary blood flow received a bidirectional cavopulmonary shunt with additional forward pulmonary blood flow. All patients have been studied according to their progression, or not, to Fontan operation. Two hundred and eight (84.5%) patients underwent bidirectional cavopulmonary anastomosis as primary palliation. Twenty patients (8.1%) with previous pulmonary artery banding were also enrolled in t…
Assessment of cardiac performance using Tei indices in patients undergoing pulmonary thromboendarterectomy.
2002
This study was designed to evaluate left and right ventricular performance using Tei indices in patients with severe chronic thromboembolic pulmonary hypertension undergoing pulmonary thromboendarterectomy (PTE). The Doppler-derived indices are easily measurable indicators of ventricular function based on nongeometric assessment, which helps overcome some of the difficulties entailed in the geometric assessment of left ventricular (LV) and right ventricular (RV) function in pulmonary hypertension.The indices were derived for 24 patients (aged 54+/-14 years) before and after PTE. Calculation of these indices was based on the duration of two time intervals using the formula (A - B)/B, where A…