论用人单位内部劳动规章内容的合法性

用人单位内部劳动规章具有法律效力的要件之一是内容合法。内部劳动规章内容的合法性意味着内部劳动规章不得违反劳动法强制性规范,不得侵犯劳动者作为公民的基本权利,不得违反劳动合同和集体合同。     

试论弗·道格拉斯的女权思想

弗·道格拉斯不仅是19世纪美国黑人的著名领袖,也是美国女权运动的先驱者之一。他以美国《独立宣言》所宣称的人人生而平等和代议制政府原则为基础,把黑人解放和妇女解放思想巧妙地结合起来,变成有机的整体。但是,道格拉斯首先是一位黑人领袖,他在两者不能兼顾的时候,总是优先考虑黑人的解放问题,这就注定了他的女权思想的局限性,与女权运动领导人的关系也不可能一帆风顺,而是既有冲突,也有合作。     

尊重主权保护人权--透过国际关系看主权与人权

人权是人类社会发展到较高级阶段,人类自我意识提高的必然产物,"人权"概念的出现和人权的发展都离不开国家主权,主权原则既是人权国内管辖和国际保护的依据,又是人权领域开展国际合作的基本条件,主权是人权保护的基础.     

National Security, Terrorism and Constitutional Balance

The 'war on terrorism' engages all the institutions of the state. A constitutional structure devoted to protection of liberty must place a paramount value on separation of powers, and a parliamentary democratic constitution should ensure that the ultimate locus of responsibility rests in the legislature, the only branch which has a direct connection to the citizens. However, in an ironic reversal of practice that prevailed before the coming of mass democracy, Parliament in the UK since the early twentieth century has largely accepted a supine role compared to the executive in matters of 'national security'. The judiciary, despite the enactment of legally enforceable human rights, has also manifestly failed to exercise its proper function of curbing abuses of state power. The result is an over-mighty executive, able to draw upon the deference of other branches of government in prosecuting the 'war on terrorism' on the battlefield and in the statute book, which has trampled on individual rights with virtually no check or counte-balance. Some principles by which the balance might be restored are suggested.     

关于改善公安执法环境的思考

公安执法环境是公安机关行使权力、履行职责的社会土壤,执法环境的优劣直接影响着公安机关的工作成效。我们在对一线民警的执法环境进行调研的基础上分析了影响公安执法环境的现实因素,并就如何改善公安执法环境和加强民警执法保障提出一些建议。     

论警察权行使与人权保障的关系

警察权与人权有着密切的关系 ,即警察权是普遍人权得以保障的前提 ,警察权是对部分人权的限制 ,警察权要受到人权的制约。警察权行使与人权保障存在冲突 ,表现为警察权侵犯人权 ,警察权的行使遇到阻碍。因此要协调好警察权行使与人权保障的关系 ,可以从以下几个方面去考虑 :即加强对警察权行使的监督 ;加强正面宣传 ,使公众理解、配合和支持警务工作 ;加强对公众的法制教育 ,提高公众的守法意识 ;提高警察队伍素质和警察执法水平 ;各级党委和政府应明确警察的职责     

论公民的劳动权

劳动权是国际人权公约确定的基本人权之一 ,是我国法律保护的公民的基本权利。明确国际公约和我国法律中劳动权的内涵 ,是保护公民享有这一国际普遍确认的人权的基础。     

Death and injury caused by land mines in Burma

One hundred and eighty-eight Burmese refugees in Thailand were interviewed. One hundred and five of those interviewed had knowledge of a total of 313 persons who had been exposed to land mine explosions. Twenty-three of the interviewed were land mine survivors. They were all male, aged between eight and 68 years, and all except one had been injured between 1986 and 1997. Fifteen of the 23 were civilians, eight were guerilla soldiers who were injured either in battle or while deploying or disarming land mines. Those who had stepped on land mines were all crus or femur amputated and had several scars on the lower limbs, abdomen and some also on the forearms. Those who had handled a land mine had lost either fingers or hands and one also lost both eyes. This study shows that the frequency of land mine accidents in Burma has been underestimated and that the mortality is high. The study also supports the general impression that many victims are civilians.     

Breach of Confidence as a Privacy Remedy in the Human Rights Act Era

This article examines the impact of the Human Rights Act (HRA) on the current lack of a remedy for non-consensual publication of personal information by the media. It argues that the action for breach of confidence is now ripe for development into a privacy law in all but name and that the normative impetus for this enterprise can be found in the HRA which will require domestic courts to consider Convention jurisprudence. It will suggest that when Strasbourg decisions are examined in the context of more general Convention doctrines, they may be seen to suggest the need for an effective privacy remedy. Drawing upon approaches from other jurisdictions it seeks to demonstrate that principled solutions may be found to the thicket of legal problems associated with such development. It contends that the main objection to this enterprise, the perceived threat to media freedom, is largely misplaced, as analysis at the theoretical and doctrinal levels reveals that speech and privacy interests are in many respects mutually supportive and the areas of conflict small and readily susceptible to resolution.     

The necessity of the implementation of Privacy by Design in sectors where data protection concerns arise

This article examines the extent to which Privacy by Design can safeguard privacy and personal data within a rapidly evolving society. This paper will first briefly explain the theoretical concept and the general principles of Privacy by Design, as laid down in the General Data Protection Regulation. Then, by indicating specific examples of the implementation of the Privacy by Design approach, it will be demonstrated why the implementation of Privacy by Design is a necessity in a number of sectors where specific data protection concerns arise (biometrics, e-health and video-surveillance) and how it can be implemented.