排序方式: 共有54条查询结果,搜索用时 0 毫秒
51.
Penny Booth 《Liverpool Law Review》2006,27(3):395-416
The punishment of children in the domestic sphere and in the public domain is an issue of concern for those with care of children
or whose interests lie in the protection of children’s human rights. How children are treated when they are judged to have
broken rules reveals fundamental approaches to the welfare of those who have yet to reach adulthood. The effect of the United
Nations Convention on the Rights of the Child in respect of how children are punished, whether in the home or as transgressors
of criminal law, may be examined through two distinct but linked spheres: the private and home life context of domestic or
personal punishment, and the public domain of state punishment of children in terms of criminal responsibility under English
Law. Both spheres reveal attitudes towards the rights of children which suggest how human rights are accorded to particular
groups in applying international obligations to a state’s domestic provision. This article seeks to explore some issues of
compliance with Article 19 (the physical chastisement of children), Article 37 (the imprisonment of children being a ‚last
resort’) and Article 40 (the minimum age of criminal responsibility) of the United Nations Convention on the␣Rights of the
Child. The application of the rights of children and the operation of the ‚best interests’ of the child in applying Articles
19, 37 and 40 suggests that there are issues in relation to non-compliance which indicate a diminution of the separate rights
of children under English Law in particular and in the operation of the best interests of the child.
Penny Booth is a Reader in Law at Staffordshire University Law School. 相似文献
52.
Christopher K. Penny 《International Environmental Agreements: Politics, Law and Economics》2007,7(1):35-71
Climate change is a security problem that requires global solutions. Despite some important recent advances, current international
responses to climate change are inadequate. This paper assesses whether the United Nations Security Council possesses sufficient
legal authority to compel states to address the causes and consequences of climate change. While not advocating the immediate
adoption of coercive measures, this paper initiates discussion of this issue, with the goal of developing an institutional
framework within which to respond to this emerging threat, if necessary. The paper begins with a brief overview of the clear
links between climate change and security, and the inadequacy to date of international remedial efforts. This is followed
by a detailed analysis of Security Council legal authority, in particular the UN Charter, including a discussion of its evolving
invocation in the context of non-traditional threats. Applying this legal framework to the specific issue of climate change
demonstrates the substantial authority of the Security Council to take binding decisions relating to this subject, and its
wide range of available enforcement measures, recognizing that political will to exercise and support this authority is required
for any successful Security Council efforts to address climate change. The paper concludes that the Security Council has the
legal authority to address the causes and consequences of climate change, and that its recent counter-terrorism and non-proliferation
measures provide an illustrative institutional framework within which to address this emerging ‘threat to international peace
and security’.
相似文献
Christopher K. PennyEmail: |
53.
The motivations behind intimate partner violence (IPV) have been a controversial topic. It has been suggested that women’s use of IPV mainly occurs in the context of self-defense (Saunders 1986). However, men also report perpetrating IPV in self-defense (Harned 2001; Makepeace 1986). This article differentiates self-defense from retaliation and reviews findings regarding these motives for perpetrators of IPV. Self-defense motives are common among battered women; however, undergraduates and arrested perpetrators often report other motives. Women do not consistently report using violence in self-defense more than men do. Clinical and research implications are discussed and existing self-defense measures are critiqued. 相似文献
54.
Penny Welch 《政治学》2000,20(2):99-104
The character and scope of changes in UK higher education in recent years make it likely that when we as academics stop to think about teaching, we dwell on the pressures and the frustrations more than on the excitement and the pleasures. This article advocates personal reflection on teaching politics that takes into account institutional and national constraints and explores the space that is left for initiative and innovation. 相似文献