Search results for "Rights."
showing 10 items of 847 documents
Droit romain et Code Noir. Quelques réflexions a posteriori
2015
In Roman times, slavery is domestic, before conquests transformed its nature. Colonial slavery is an economic exploitation based on slave trade. How do the administrators apprehend the slave’s legal status ? Does the Code noir follow local rules or Roman precedents to supervise practice, according to some expected effects on the settlers’s property ? If Roman law serves as a matrix, is it as a simple recovery or as an indirect influence ? The spirit of antique solutions is present, but it is not essential for the legal definition of "Negros". The Roman law provides a conceptual tool to understand a posteriori the inner wheels of a specific status, at the turning point between property right…
EU Migration policy to the test of fundamental rights
2021
The emergence of a common migration policy is recent, as the European Union tackles the issue of migration only belatedly. Common actions to regulate migration issues were implemented gradually from the 1970s, within a purely intergovernmental framework, then gradually within a common framework. This policy covers aspects relating to the entry and stay of third-country nationals on the territory of the European Union, the fight against irregular immigration and the control of external borders.The process of Europeanization of immigration and asylum rules has been a long and laborious one, and it remains unfinished due to states' attachment to their sovereignty. This is why the European Unio…
The Social State Based on the Rule of Law in the Europe of Rights
2012
Chapter 8 shows how the idea of the social State under the rule of law has been linked to the European Union since its inception. The founding fathers (Adenaeur, de Gasperi, Monet, Schuman) set the principles of dignity, freedom, equality and solidarity as a way of freeing European citizens from fear, misery and misfortune. Welfare is, above all, a state of justice that defines the threshold between indecency and well-being and affirms that human development is not (only) economic growth. Jacques Maritain, whose influence on the European Union is well known, proclaimed the order that contains the three principles of the social state: the primacy of the person, the priority of civil society …
La sécurité, la fondation de l'Etat centrafricain : contribution à la recherche de l'Etat de droit
2012
“Ensuring order and security” is a deep-seated desire shared by the whole of humanity. It is therefore reasonable to devote this thesis to the place occupied by insecurity in public debate in the Central African Republic, a state covering roughly the same surface area as France. Security implies that the weight of fear or terror is removed. If order and security are to be genuinely ensured in the Central African Republic, more is required than the absence of bloodshed and the protection of each citizen’s physical integrity. It is also essential that the rights of all be respected and that all citizens should be entitled to the protection of their rights as well as their possessions. Legal s…
Tortura y malos tratos en la España democrática
2020
La tortura en la España contemporánea y democrática es una realidad preocupante, como lo muestran Informes de los más relevantes organismos internacionales en la lucha y prevención de la tortura, como el Comité Europeo para la Prevención de la tortura del Consejo de Europa, ONG, sentencias internas del Estado español y, gravemente, sentencias del Tribunal Europeo de Derechos Humanos. Estas condenas a España del TEDH se producen por la violación del artículo 3 del Convenio Europeo de Derechos Humanos, por no realizar de manera exhaustiva y adecuada las investigaciones ante denuncias por malos tratos y torturas, y la última condena también por tratos inhumanos. Realidades que ponen al desnudo…
Stolen innocence? Observance of the EU Directive on presumption of innocence by Spanish crime reporting
2021
This paper examines the compliance of Spanish crime reporting with the principles of the 2016 EU Directive on presumption of innocence, which aims at preventing the publication of information that might bias the public and the jurors against the suspect. A content analysis applied to a sample of 200 crime news stories published by eleven of the most popular print and online news platforms in 2018 reveals that the Spanish press coverage of crime is centered around the pre-trial and sentence stages, with little attention to the oral trial. The full name and the face portrait of the suspect appear in roughly one-third of the stories, but this overwhelmingly happens in news stories reporting on…
The Case of the Italian Southern Sea Borders: Cooperation across the Mediterranean?
2008
EUIPO Boards of Appeal in the Light of the Principle of Fair Trial
2022
The EUIPO’s Boards of Appeal are called upon to decide on appeals against decisions by the bodies of ‘first instance’. However, their judicial function has always been denied. Conversely, the essay tends to place the Boards of Appeal of the EUIPO in any case within the concept of ‘court’, as defined by the ECtHR, within the framework of Article 6 ECtHR, because it assesses their independence, impartiality, and in general the guarantees required by the ‘fair trial’, until concluding that it is a paradigmatic model in the overall administration and judicial system. EUIPO Boards of Appeal, European Court of Human Rights, Court of Justice of the Eurpean Union, EU Charter of Fundamental Rights, …
Early childhood education and care for Tibetan children in the People's Republic of China: Left behind or led from behind?
2015
Early Childhood Education and Care provision has been expanded in the People’s Republic of China over the last decades. For this expansion to harmonize with young children’s rights, special measures should ensure that the system of provision guarantees the participation and inclusion of the most vulnerable citizens. With this as a focus, this article reviews and discusses the state of Early Childhood Education and Care provision for young children of Tibetan ethnicity in People’s Republic of China. The available literature and ongoing measures and plans are explored around this topic in order to identify the main issues.
The expansion of early childhood development services and the need to reconceptualize evidence
2017
The provision of early childhood development services is expanding in developing countries. The rationale behind this expansion is rooted in developmental psychology, socio-economic and human rights narratives. However, there are some limitations to this rationale, which are in particular related to the implicit universalism it assumes. This article outlines how early childhood development interventions imply a policing of families and childhood, which calls for a stronger consideration of context. As a consequence, the scope of what counts as evidence in early childhood development research needs to be questioned. The article is a theoretical contribution to the discourse of what early ch…