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1.
2.
This paper describes the evolution of drug consumption in Bosnia and Herzegovina, the current scope of this problem, and the legislative and institutional response to drug issues. The analysis of the legal and institutional framework for controlling illicit drugs in Bosnia and Herzegovina reveals that Bosnian drug policy is repressive in its nature, that implementation gap is evident in the field of drugs, as well as lack of institutional capacities in this area. It is argued that the Bosnian government, despite international pressure, has failed to undertake comprehensive measures in this field, which directly affects the effectiveness and efficiency of Bosnian drug policy, and that it is better for post-war Bosnia and Herzegovina to present another obstacle for prosperity.  相似文献   

3.
The work created by the author is a unique value, which must be protected against its unauthorised use or piracy. However, the copyright protection should not take a wrong direction, because not only for authors, but as well a common society is entitled to rights protection, especially in the era of new technologies or information society. This article deals with intellectual property protection problems in the information society, when it is so easy to access copyright protected works via internet--such use for personal entertainment in order to get access to and share the achievements of culture and art with friends and family should have copyright restrictions It is high time to discuss the introduction of so-called "culture access fee", which would allow legal access to copyright protected works with slight blanket payment for all right holders.  相似文献   

4.
China has one of the longest histories of civilization in the world. In ancient China, civil disputes were solved by moral principles of Confucianism, called li (礼). Therefore, at the time of the emergence of li, privacy was indirectly protected to some extent. However, li also restrained the legal privacy protection at that time. Moreover, the substantial meaning of traditional protection for privacy is quite different from that in modern society. In consequence, it is difficult to postulate that there was legal protection for privacy in ancient China, though privacy had been indirectly protected by the theory of li. If the right to privacy is seen as a milestone in its evolution in modern society, the modern concept and protection of privacy emerged in China almost a century later than in some Western countries. 1 The first consideration for the protection of privacy in China was a judicial interpretation by the Supreme Court in 1988.2 Since then, China has been developing its own protection for privacy. This article is to explore privacy standards in both ancient and modern China with two main parts: (a) The first part discusses the privacy in ancient China, including traditional Chinese concepts of privacy, traditional Chinese protection for privacy, and its evaluation; (b) the second part examines the privacy standards and privacy protection in modern China.  相似文献   

5.
Prison is one of the main and important agencies which involves in the criminal justice process. Offenders who are sentenced to imprisonment are sent to this institution for rehabilitation. The main objective of the prison institution is to rehabilitate prisoners thereby helping them to understand what was wrong with their behaviors and helping them to become productive citizens in the future after releasing from prison. In order to achieve this task, the prison system should take necessary steps to conduct an effective rehabilitation process during the imprisonment period and to ensure the protection of their human rights. The present situation in prisons, the increasing rate of the reconvicted and the recidivism demonstrate that the prison system in Sri Lanka is not able to successfully reach its main goal that of the adequate rehabilitation of offenders and sufficient protection of their rights. This paper focuses on an effective prison rehabilitation system for Sri Lanka through the protection of rights of prisoners. To reach this goal, the role and the importance of the concept of rehabilitation as a main objective of punishment, present international regional and national laws relating to the rights of the prisoner, existing prison system in Sri Lanka, the current problems in our prison system and reasons for the problems are discussed. Furthermore, the initiatives and the measures that could be taken for an effective prison rehabilitation system in Sri Lanka and the role of the public and privates institutions in this regard are also considered.  相似文献   

6.
The European Union in its task of coordinating the different social protection systems recommends member countries to take steps to prevent economic imbalances caused by ageing populations. Spain and other European countries-such as Sweden, Italy or Germany, follow the trends marked by the European Union with regard to pensions. In recent years, these countries have carried out reforms to be entitled to benefits, increase the proportionality between contributions and benefits and introduce formulas similar to private funded systems. These reforms will lead to retirement pensions linked to contributions becoming an airtight system, thus excluding the most vulnerable workers from them. This work aims to show that this type of restrictive measures despite being formulated in a neutral way, fail to correct-and actually increase-the differences between women and men in employment, since women are more affected by unstable working conditions than men. Lower wages for women and higher incidences of their careers being interrupted to attend to family duties will make access for women to retirement pensions even harder. The shortfalls in the protection of retirement pensions contrast sharply with a common European employment policy which aims to raise the employment rate of women. Having examined the incidence of this type of reforms from a gender perspective, the final aim of the work will be to show whether the European directive against discrimination regarding Social Security, headed by Directive 79/7 and displayed in the European Court of Justice's case law, constitutes an adequate regulatory tool to neutralize those reforms which lead to indirect discrimination.  相似文献   

7.
The paper would analyze the law and economics of introducing flexibility in the system of exceptions and limitations on European Copyright Law. Such flexibility would exist in an open norm on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. First, it would assess problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and commercialization. Second, it would analyze the economic rationale and economic effects of introducing flexibility. Exceptions and limitations in the current copyright system are meant to balance the protection granted to rights owners with the public interest's need to make certain unauthorized uses. However, this paper would identify a number of situations that do not fit well within the current set of exceptions and limitations and attribute this to a lack of flexibility. Several of these problem areas have given rise to court proceedings with varying outcomes. The interpretation given by courts to existing exceptions and limitations---such as the quotation right, the exception for transient and incidental copying, the private copying exception, and the incidental use exception--is usually too narrow to respond to new technological developments, new developments in the creation process, or new commercialization models. These types of uses generally do not fit the narrowly defined exceptions and limitations and therefore lack legal basis. The same is true for things not yet invented.  相似文献   

8.
The existence of Transnational Corporations (TNCs) in developing countries may affect the economic growth in developing countries as well as the environment. It is very common that in order to enhance economic growth in developing countries, the developing countries jeopardize their environment especially over exploitation of the natural resources. Therefore, it is paramount to harmonize between economic growth and protection of the environment.  相似文献   

9.
This paper considers the relationship between forensic psychology and international human rights standards (and about the relationship between mental disability law and such standards in general), especially in the contexts of the sorts of cases in which forensic psychologists are involved, the special issues in the context of nations with developing economies, and the relevance of international mental health norms. I conclude by focusing on the use of therapeutic jurisprudence as an interpretive tool, and offering suggestions as to how the practice of forensic psychologists can and should best incorporate international human rights standards and principles in their work.  相似文献   

10.
Depositors and debtors are inherent in banking as an intermediationinstitution. The banking law has not given enough guarantee for banks to do their intermediation function, especially debtors need some protection in their transactions with banks from the pre-to post-transactions. The legal issue of this present research is a just legal protection of depositors and debtors in the banking law.  相似文献   

11.
The increase number of street children that resulted in the disturbance of sense of justice, and humanity value in society as they have become ideal value stipulated in the preamble of 1945 UUD NKRI that state has obligation to protect its citizen, as it is also regulates in Part 4 UUD 1945 preamble. The increase number of street children indicates shifting function of state, which in the theory recognized function of state to provide protection toward all citizen including street children. The increase number of street children also indicates that state has ignored its duty to provide legal protection toward citizen yet also street children. Meanwhile, Law No. 23 year 2002 on children protection only regulates the general term of children protection and it still lacks of rules and concept of street children protection in the specific way as a basis to provide legal protection toward street children. The result of this research show that Law No. 23 year 2002 on children protection did not specifically accomodate the practice of legal protection on street children. This condition due to the process of Law on Children Protection drafting process are the issues of general term of children protection, education issue, economic issue, monetery crisis, poverty issue, political issue and street children issue. However until now, the issue relates to street children has increased qualitatively and quantitatively because Indonesia still regarding the issue of street children is an unfamous issue to discuss seriously and the fund to solve the problem of street children is incomparable to the economic oriented demand, meanwhile street children are children that have special needs that require attention and proper specific protection supported with specific regulation that regulates in Law No. 23 year 2002 in children protection as children with special needs.  相似文献   

12.
So far, China is in possession of 33 World Inheritances, being the third one among all the countries in the world. However, as the experiences in protecting the inheritances are concerned, China is not as successful as some other countries. As China is in the construction of modernization and large-scale infrastructure construction and over-exploitation has become a great threat to the inheritances, its present condition in China is not satisfying. This article tries to put forward some countermeasures of law to enhance the protection work in China by using for reference the successful experiences of foreign countries in world inheritance protection.  相似文献   

13.
Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males (including sexual offence against a male by male and sexual offence against a male by female) are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.  相似文献   

14.
The constitution is a living document, which being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. This paper aims to be a catalyst that inspires creative action to claim and advance certain new constitutional rights encapsulated in various world's constitutions. It seeks to raise awareness of new constitutional rights. World's most constitutions have incorporated constitutional provisions that ensure the entrenched new fundamental human rights. The latest constitutions, including South African constitution of 1996 are advanced and have included significant number of rights which were left out in the old constitutions. The courts are given the widest possible powers to develop and forge new remedies for protection of constitutional rights and the enforcement of constitutional duties.  相似文献   

15.
This article examines the politics, laws and policies related to regulating lead pollution from lead-acid battery related manufacturing facilities in China. Particularly, this paper examines how China's Ministry of Environmental Protection (MEP) was able to force the temporary closure of nearly 90 percent of lead-battery manufacturing facilities within a period of months in 2011, after years of enforcement failures. The authors analyze the extent to which the Government's response to address lead pollution was based on laws and policies that can be systematically and consistently deployed by MEP as needed, or whether such measures are reliant on political will from outside MEP. Additionally, the authors are concerned with the extent to which China 's governance response to lead pollution primarily addresses environmental and public health issues; or rather it primarily addresses political and economic development issues, and whether this difference is significant. The article makes suggestions for how China can improve its environmental enforcement, and in so doing, contributes to a growing field of scholarship that examines environmental governance issues in the context of developing countries.  相似文献   

16.
Worldwide, transsexual people are often subjected to discrimination and prejudice generally, and, particularly, in the working environment. This has an effect on their physical and mental health. The paper investigates the nature of transsexualism, the change or alignment of a transsexual person's sexual expression with her or his internal identity by surgery and hormone therapy, the criteria for such a diagnosis, the causes of transsexualism and the prevalence of same. Relevant South African laws are discussed as background for an analytical discussion of two reported cases of discrimination against transsexual people in the workplace. The writer of the paper welcomes the approach of the Labour Court of utilising these opportunities to destigmatise transsexualism and zero-tolerance for unfair discrimination against transsexual people. These judgments had probably contributed to a better understanding of transsexualism, particularly since such matters seldomly reach the court. The writer views the judgments as wake-up calls for employers (i) not to repeat traditional prejudice towards transsexual people and (ii) to embrace the diversity of employees. She anticipates that this will lead to better employment relations in workplaces, which, in turn, will enhance the quality of working life for transsexual people. The coverage of the cases in the media will also assist in raising awareness of transsexualism among employers, the medical community and the wider population. Following these cases, she suggests that employers have to root out discriminatory practices against transsexual people completely and to display a more mature attitude towards such employees. Moreover, policy-makers in academia and the health sector will have to review, amongst others, the curricula of universities to provide for sexuality training,  相似文献   

17.
Although there are studies that have investigated the prevalence of dating violence among Taiwanese and U.S. college students, the mental health consequences of the victimization have not been investigated and compared between the two groups. The study explored the prevalence of mutual dating violence (MDV) and the relationship between victimization and mental health symptoms among Taiwanese and U.S. college student heterosexual couples (Taiwan = 1019; U.S. = 1049). Results were that U.S. participants reported significantly higher partner violence victimization and perpetration than Taiwanese participants. Additionally, strong support for MDV was found in both Taiwanese and U.S. participants. Finally, multivariate analyses found that MDV was significantly related to mental health symptoms among Taiwanese females and males but only for U.S. females. These findings reveal the high prevalence of MDV and suggest similar mental health consequences are similar among some Taiwanese and U.S. victims and therefore, appropriate assessments should be completed to both members of the couple.  相似文献   

18.
By 2015, it is predicted that there will be 25 billion connected products and processes like smart phones, and tablets using eGovernment systems, eHealth systems and law enforcement agencies. This is of grave concern when setting against a projected world population of 7 billion. It illustrates the need for a safe and secure Future Internet (FI) capable of allowing all to communicate without interference from eybercriminals and malicious intruders. Examples of Internet security breaches including the possible misuse of PLC (Programmable Logic Controlled) nationally strategic systems by criminals having gained access via the Internet will be outlined. The development of secure Future Internet protocols (IPV7) in this area will be discussed. Crime and its prevention are multi-million euro industries that are developing rapidly. Biometrics can reduce crime rates by establishing secure banking transactions, improving passport control, enhancing eGovernment activity, increasing the detection and prevention of human trafficing, preventing illicit terrorist activity as well as the development and improvement of policing and forensic crime detection techniques. Case studies of recent developments in the USA where UCLA is collaborating with law enforcement agencies in Los Angeles (LA) using predictive analytic techniques to forecast crime activity will be presented. Linkeages between the use of biometrics and big open data bases in the EU that could mirror the activities in LA will be explored. The possibilities of obtaining funding from Horizon 2020 call to develop these themes, which will improve the safety of EU citizens. This will be outlined. Human and machine activity on the internet would be inherently more secure if biometric access protocols were adopted. This presentation will also give the results of recent research and developments of biometric security systems in the Social Welfare Public Services to combat fraud, waste and duplication. It will discuss current research in the application of bi  相似文献   

19.
Why do African countries need to invest in National Protection Systems? What are the mechanisms in place at the continental level to ensure the protection of the African Child? A well functioning child protection system is vital to the survival and wellbeing of the child in Africa and the State has the ultimate responsibility to ensure the protection of the child.  相似文献   

20.
The European Union (EU) recognises that future development largely depends on its ability to advance the digital economy. Copyright 'fuels" the knowledge based sector and the digital economy, making it a fundamental component in any strategy to create sustainable economic growth. EU copyright legislation acknowledges the exclusive rights of authors to reproduce or authorise the reproduction of the work he or she has created, make available or communicate it to the pub#c, and distribute it. It also establishes one mandatory and 20 optional exceptions or limitations to those exclusive rights. The acknowledgement of the importance of the creative sectors in the digital economy has resulted in several EC initiatives, such as stakeholder platforms aiming at developing practical solutions for user access to copyright works based on current legal and other frameworks, and proposals for new EU legislation, including a draft directive on collective rights management, which focuses on governance of collective management organisations (CMO) and cross- border and multi-territorial licensing of musical works. It has also led to requests, including from within the European Commission (EC), that it be considered whether a review of the current EU system of limitations to the exclusive rights is still appropriate; does it address adequately challenges posed by the digital economy? The system of exceptions and limitations to the exclusive rights is a crucial element in the EU copyright framework. This paper argues that the fundamental principles of copyright, which grants excusive rights to copyright holders, combined with the possibilities of introducing exceptions and limitations to those exclusive rights in national legislation based on the internationally acknowledged principles of "the three-step'" test, are still valid tools and the most appropriate approach to the establishment of a legal framework for user access to copyright materials.  相似文献   

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