The public health systems of liberal states systematically fail to meet the goals and obligations of the Convention on the Rights of Persons with Disabilities, which aims to facilitate full societal participation and independent life choices by all impaired persons, as well as the unburdening of their private caretakers. This failure does not stem from a lack of money or effort by governments and other societal institutions, but flaws in the anatomy of these systems. As these systems confine institutional assistance to the needs of persons with certain delineated disabilities, they neglect the needs of other persons, whose disabilities do not fit this mould. The responsibility for the latter group thus falls to their immediate social circle. These private caretakers are in turn seldom supported. To remedy this situation, I will present the alternative paradigm of vulnerability theory as the possible foundation for a more inclusive approach to public health. |
Search result: 1157 articles
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue Pre-publications 2021 |
Keywords | Vulerability Theory, Liberalism, Convention on the Rights of Persons with Disabilities (CRPD), Public Health, Capabilities Approach |
Authors | Erwin Dijkstra |
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Article |
The Impact of VAAs on Vote Switching at the 2019 Belgian Legislative Elections: More Switchers, but Making Their Own Choices |
Journal | Politics of the Low Countries, Issue Online FIrst 2021 |
Keywords | voting advice applications, vote switching, vote choice, elections and electoral behaviour, voters/citizens in Belgium, VAA |
Authors | David Talukder, Laura Uyttendaele, Isaïa Jennart e.a. |
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During electoral campaigns, the use of voting advice applications (VAAs) has become increasingly widespread. Consequently, scholars have examined both the patterns of usage and their effects on voting behaviour. However, existing studies lead to conflicting findings. In this article, we take a closer look at the effect of De Stemtest/Test électoral (a VAA developed by academics from the University of Louvain and the University of Antwerp, in partnership with Belgian media partners) on vote switching. More specifically, we divide this latter question into two sub-questions: (1) What is the impact of a (dis)confirming advice from the VAA on vote switching? (2) Do VAA users follow the voting advice provided by the VAA? Our study shows that receiving a disconfirming advice from the VAA increases the probability of users to switch their vote choice. |
Case Reports |
2020/49 Employing the former employees of a former service provider represents transfer of undertakings (RO) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Transfer of Undertakings |
Authors | Andreea Suciu and Teodora Manaila |
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Case Reports |
2020/50 Transfer-related contractual changes void even if beneficial for employees (UK) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Transfer of Undertakings, Employment Terms |
Authors | Lisa Dafydd |
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The Employment Appeal Tribunal (EAT) has ruled that the provision under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) which renders changes to employees’ terms and conditions void if they are made because of the transfer applies to changes that are advantageous as well as detrimental to employees. On the facts of the case, this meant that owner-directors who had made significant improvements to their own employment terms before a TUPE transfer could not enforce these against the transferee employer. |
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The Mediation DisruptionA Path to Better Conflict Resolution through Interdisciplinarity and Cognitive Diversity |
Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | interdisciplinarity, social psychology, diversity and inclusivity, disruption |
Authors | Mark T. Kawakami |
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As the COVID-19 pandemic continues to expose obsolete business practices and force companies into uncharted territories, a disruption worth (re)considering for companies is to replace their over-reliance on litigation with mediation. In order for mediators to make this transition more appetising for businesses, we must train mediators to: 1) think more holistically through interdisciplinary training; and 2) foster cognitive diversity amongst our pool. |
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Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | entrenched conflict, preparation, conflict identification, mediation model |
Authors | Sheila Gooderham |
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In entrenched conflict cases, mediation participants display a contradictory approach. They fail to take responsibility for their part in mediation and do not engage constructively in negotiations, whilst asserting a justificatory narrative for their behaviour. Usually they blame the other disputant, make excuses based on extraneous factors or even assert that the mediator is to blame for the lack of progress in mediation. In many entrenched conflict cases, there is no genuine commitment to negotiation at all on the part of the entrenched disputant. They are simply keen to present their case with an expectation that everyone else will fall into line with their demands. When entrenched conflict manifests, mediation is often being used as a forum for psychological game playing. Entrenched disputants tend to have a ‘win at all costs’ perspective. In some entrenched cases, mediation is simply being used as a tactic, with a view to fighting the case in court. In such circumstances, the entrenched disputant may simply see mediation as a means of eliciting further information about their opponent’s case, so as to benefit the entrenched disputant in subsequent court proceedings. |
Human Rights Practice Review |
The Czech Republic |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | Viktor Kundrák and Maroš Matiaško |
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Human Rights Practice Review |
Kosovo |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | Sabiha Shala |
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Human Rights Practice Review |
Bosnia and Herzegovina |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | Enis Omerović and Lejla Zilić |
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The Question of JurisdictionThe Impact of Ultra Vires Decisions on the ECJ’s Normative Power and Potential Effects for the Field of Data Protection |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Keywords | ECJ, German Constitutional Court, principle of proportionality, primacy of EU law, data protection, principle of conferral, ultra vires judgments |
Authors | Carsten M. Wulff |
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The ultra vires judgment of the German Constitutional Court on the debt security purchasing of the ECB system sent shockwaves throughout Europe. Some scholars see the legal framework, specifically the principle of the supremacy of the European Union in danger. This article argues that the judgment is a challenge for Luxembourg; however, there have been warning signs from the Czech Republic and Denmark that constitutional courts will not shy away from criticizing, when the ECJ oversteps its jurisdiction. The author argues that the judgment may weaken the overall normative power of the court and will assess whether a similar judgment could occur in the field of data protection and national security exceptions. The only way back to normality will be for the court to ensure it does not overstep its jurisdiction and the European Institutions unconditionally backing the ECJ in the expected upcoming conflict with the constitutional courts of Member States. |
Human Rights Practice Review |
Poland |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | Vita Czepek and Jakub Czepek |
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Human Rights Literature Review |
Belarus |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | E. Konnova and P. Marshyn |
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Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Keywords | human rights, emergency situation, COVID-19 and sanitary crisis, Article 15 of the European Convention on Human Rights, European Court of Human Rights (the ECtHR), Estonia |
Authors | Maris Kuurberg |
AbstractAuthor's information |
During the COVID-19 pandemic, Estonia was one of the states that decided to inform the Secretary General of the Council of Europe of the health-related emergency situation in Estonia and noted, with reference to Article 15 of the European Convention on Human Rights, that some emergency measures may involve a derogation from certain obligations under the Convention. The Government’s considerations proceeded from the unprecedented scale of the sanitary crisis and the scope of extraordinary measures taken to tackle it. Importance was attached to the fact that the Court has never before assessed health-related exceptions allowed in some of the articles of the Convention in a situation which affects the whole nation – not to mention the articles of the Convention which do not set out any exceptions at all. Article 15 of the Convention, on the other hand, is designed to be applicable in public emergency situations threatening the life of the nation. |
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Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | coronavirus, emergency law, emergency powers, autocratization, democratic deconsolidation, state of emergency, rule of law, transparency, accountability, legislative scrutiny |
Authors | Joelle Grogan |
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The measures taken in response to the coronavirus pandemic have been among the most restrictive in contemporary history, and have raised concerns from the perspective of democracy, human rights, and the rule of law. Building on a study of the legal measures taken in response to pandemic in 74 countries, this article considers the central question of the use of power during an emergency: is it better or worse for democracy and the rule of law to declare an emergency or, instead, to rely on ordinary powers and legislative frameworks? The article then considers whether the use of powers (ordinary or emergency) in response to the pandemic emergency has ultimately been a cause, or catalyst of, further democratic deconsolidation. It concludes on a note of optimism: an emerging best practice of governmental response reliant on public trust bolstered by rationalized and transparent decision-making and the capacity to adapt, change and reform measures and policies. |
Article |
Governments as Covid-19 Lawmakers in France, Italy and SpainContinuity or Discontinuity |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | Covid-19, emergency legislation, executive lawmaking, parliaments, decree-laws and ordinances |
Authors | Elena Griglio |
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Executive dominance in Covid-19 lawmaking has been a major trend worldwide. Governments have leveraged emergency prerogatives to boost their legislative powers, often sidelining the role of parliaments. The impact of executive lawmaking on fundamental liberties has been unprecedented. However, government’s capacity to exercise full legislative powers is not absolutely new to many European countries. |
Article |
Legislative Scrutiny in Times of EmergencyA Case Study of Australian Parliaments |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | legislative scrutiny, sunset clauses, emergency laws, virtual parliament, parliamentary committee, trust |
Authors | Hon Kate Doust MLC and Mr Sam Hastings |
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Citizens’ trust in Australian governments and parliaments has fallen in recent years, yet trust is critical for governments to do their job effectively and attack challenging issues. The coronavirus pandemic provides an opportunity for governments and parliaments to bridge the gap between citizens’ expectations and parliamentary and government performance and therefore rebuild trust. In doing so, parliaments need to balance their desire for speedy action with proportionate measures and mechanisms for review. |
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Increased Uptake of Surveillance Technologies During COVID-19Implications for Democracies in the Global South |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | surveillance technology, platform economy, COVID-19, democracy, global south, belt and road initiative |
Authors | Alex Read |
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Social change and introduction of new technologies have historically followed crises such as pandemics, and COVID-19 has seen increasing public tracking through the use of digital surveillance technology. While surveillance technology is a key tool for enhancing virus preparedness and reducing societal risks, the speed of uptake is likely to raise ethical questions where citizens are monitored and personal data is collected. COVID-19 has occurred during a period of democratic decline, and the predominant surveillance-based business model of the ‘platform economy’, together with the development and export of artificial intelligence (AI)-powered surveillance tools, carries particular risks for democratic development in the countries of the Global South. Increased use of surveillance technology has implications for human rights and can undermine the individual privacy required for democracies to flourish. Responses to these threats must come from new regulatory regimes and innovations within democracies and a renewed international approach to the threats across democracies of the Global North and South. |
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Does the Fight Against the Pandemic Risk Centralizing Power in Pakistan? |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | PTI government, 18th amendment, 1973 Constitution, lockdown, economic impact |
Authors | David A. Thirlby |
AbstractAuthor's information |
When the pandemic struck Pakistan, there was a high-profile divergence between how the federal government and the provincial government of Sindh responded. This points to a tension between the need for a national approach to tackle the pandemic and the prerogative of the provinces to deal with health issues under its devolved powers. These powers were the result of the 18th amendment, which restored a parliamentary federal democracy. Power has also been decentralized from executive presidents to parliamentary forms of government. However, parliamentary systems centralize power within the executive: a trend which the pandemic has reinforced. The article will explore the various interplays although it is the economic landscape which will prove most challenging. Although the emergence of a national centralized approach to combat the pandemic points to a weakening of the devolution process and therefore the reasoning behind the 18th amendment, the situation is more complex which this article seeks to explore. |
Article |
Patience, LadiesGender-Sensitive Parliamentary Responses in a Time of Crisis |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | gender sensitivity, parliament, responsiveness, COVID-19, democracy, women |
Authors | Sonia Palmieri and Sarah Childs |
AbstractAuthor's information |
In early 2020, in the face of the Covid-19 pandemic, numerous parliaments played their rightful democratic role by following the advice of health and economic experts and swiftly passing emergency legislation and relief packages. This was, in many countries, an attempt to reach an equilibrium between saving lives and saving economic livelihoods, on the understanding that both were in serious jeopardy. In the face of public health measures many parliaments also found themselves having to reform their own rules, procedures and practices. In both cases – policy interventions and institutional redesign – it appears that parliamentary responses to the Covid-19 situation were less commonly based on the advice of gender experts or informed by considerations of gender inequalities. Few, if any, emergency packages were designed following a systematic consideration of existing, deeply entrenched gender inequalities, despite continuous public analysis and commentary about the disproportionate gender impacts of the pandemic and the resulting lockdowns; and no parliaments instituted (temporary) rule changes that prioritized the voices of women parliamentarians or constituents. In this article, which draws on our work drafting the UN Women Covid-19 Parliamentary Primer & Checklist, we revisit the democratic case for gender-sensitive parliaments, highlighting their particular relevance to the 2020 pandemic. We introduce our model for gender-sensitive crisis responses across four key stages of the parliamentary process presented in the Primer – representation, deliberation, legislation and scrutiny – and offer an initial assessment of what transpired in the world’s parliaments based on an IPU survey. We suggest that if parliaments are to be gender-sensitive institutions in times of crisis, they must not only change how they do politics but also develop and sustain a robust political culture that values gender equality and an ethic of caring that supports new rules, procedures and practices that better redress institutional gender deficiencies. |
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Journal | Erasmus Law Review, Issue 4 2020 |
Keywords | Final criminal conviction, revision procedure, grounds for revision, preparatory investigative measures, Cour de révision et de réexamen |
Authors | Katrien Verhesschen and Cyrille Fijnaut |
AbstractAuthor's information |
The French ‘Code de procédure pénale’ provides the possibility to revise final criminal convictions. The Act of 2014 reformed the procedure for revision and introduced some important novelties. The first is that it reduced the different possible grounds for revision to one ground, which it intended to broaden. The remaining ground for revision is the existence of a new fact or an element unknown to the court at the time of the initial proceedings, of such a nature as to establish the convicted person’s innocence or to give rise to doubt about his guilt. The legislature intended judges to no longer require ‘serious doubt’. However, experts question whether judges will comply with this intention of the legislature. The second is the introduction of the possibility for the applicant to ask the public prosecutor to carry out the investigative measures that seem necessary to bring to light a new fact or an unknown element before filing a request for revision. The third is that the Act of 2014 created the ‘Cour de révision et de réexamen’, which is composed of eighteen judges of the different chambers of the ‘Cour de cassation’. This ‘Cour de révision et de réexamen’ is divided into a ‘commission d’instruction’, which acts as a filter and examines the admissibility of the requests for revision, and a ‘formation de jugement’, which decides on the substance of the requests. Practice will have to show whether these novelties indeed improved the accessibility of the revision procedure. |