Does women’s empowerment increase accessibility to healthcare among women facing domestic violence?

This article aims to understand whether women’s empowerment increases access to healthcare among women facing domestic violence within the Indian context. It reports on a multi-centre cross-sectional study covering 18 states of India, with 14,405 women respondents through a systematic multi-stage sampling strategy. Both quantitative and qualitative methods were used. Despite substantive possession of the existing attributes of empowerment, women fail to receive necessary healthcare services. This reflects a situation of biased policy processes and institutional frameworks, which are a manifestation of existing patriarchal norms and which result in the piecemeal processes of entitlements.     

论未来电影版权质押权的设定

一部文学作品在创作过程中需要投入巨大人力物力,其创作周期也是十分漫长,特别是商业电影,其经济效益体现在电影发行上映。因此,拍摄中的电影的价值是模糊的,不过是可期待的。当今社会,拍摄中的电影日益表现出一种期待利益,并成为融资的一项重要手段。     

Desgolonizando los derechos de propiedad. derechos indígenas comunales y el paradigma de la propiedad privada

The professional legal elites in Latin America often legitimate the importation of foreign legal models without neither taking enough attention to local contexts nor making a critical analysis of the imported models. This essay analyzes the arguments of a paradigmatic work of this type that affirms the efficiency and superiority of Anglo-Saxon Law in the regulation of property and the achievement of “economic development”, compared with the Law derived from Spanish colonization. The three theoretical sources of the mentioned work are the theory of legal origins, the private property school and a biased vision of colonization. The aim of this essay is to demonstrate that these theoretical sources have deep ethnocentric roots by making invisible the indigenous communal legality in the colonizer project.     

Los cuidados de salud para los ancianos. Entre las limitaciones presupuestarias y el derecho a un mínimo existencial

The author contextualizes the effects of the realities of public finances on the (legislative) creation and judicial review of healthcare for the elderly. He establishes the relationship between economic factors and the conflicts arising out the claims and expectations of individuals, on the one hand, and the healthcare provided for by law, the public budget and administrative procedures. The author considers that the lack of financial resources and budgetary resources, while threatening to impose limitations on the judicial protection of such rights, is not necessarily an obstacle to the enforceability of healthcare rights, nor does it prevent the exercise of any other subjective rights created by law. Finally, the author points out the need for a better understanding of the expression an existential minimum (existenzminimum).     

多维度的选举权——基于霍菲尔德权利理论的一个分析

选举权包含多种法规范上的地位和关系，可看作一个有关选举的权利束。按照霍菲尔德的权利理论，可以从权力、自由、豁免和求四个维度来理解选举权。在权力维度上，选举权意味着对授权和代表关系的法律控制力，选民行使选举权的结果便是授权和代表关系的形成、变动和消灭。在自由维度上，选举权意味着个人有权自由地行使选举权力，不受国家、组织和他人的干涉。在豁免维度上，选举权意味着公民有不受约束的选举自由，国家没有不当干预选举自由的权力。求维度的选举权与其他维度的选举权紧密相连，它以选举权之权力、自由和豁免三素为主张对象，在一定意义上，其他维度的选举权只有与求维度的选举权结合起来，才能变得更有力、更具有可实现性。     

Responsive planning in development interventions: consulting rights-holders in the Sanitized Villages programme in Kongo Central

This article empirically examines one of the most important causes of the non-implementation of human rights-based approaches to development (HRBAD): their alleged limited relevance for actors on the ground. The article argues that claims about local relevance can only be made after meaningful consultation with local rights-holders. Consulting local rights-holders in order to ensure responsive planning is not only relevant for HRBADs, but for development interventions more generally. The article presents new material on the Sanitized Villages programme in the Democratic Republic of the Congo to assess whether and how rights-holders are consulted, and identifies four mechanisms that can facilitate meaningful consultation.     

Is “good” resettlement policy unimplementable? Learning from advocacy in Cambodia

Accountability advocacy is an increasingly common approach to working with displaced communities. This article explores a resettlement scheme for an Asian Development Bank project in Cambodia in which advocacy interventions resulted in significant improvements in resettlement sites over the eight years of the project. Resettlement standards improved in some of the sites so much that they might now be called “islands of governance”, tightly ring-fenced from the otherwise limited support provided ordinarily to displaced or landless Cambodians. Given these extremes, the article considers whether “good” resettlement policy is implementable. It also argues that best practice resettlement principles, such as the requirement to minimise displacement – no matter how sensible or well-intended when designed at an international level – have the potential for negative unintended consequences in implementation. These impacts cannot necessarily be mitigated through formal monitoring, oversight, and technical assistance. Building on the knowledge already available, it identifies five considerations relevant to resettlement programmes as they continue to evolve.     

加强学习和调研 履行维权职责

工会要加强学习和调研,以职代会、集体合同为主要载体,加强维权机制建设,规范企业改革改制行为,保障职工合法权益。     

Conceptions Of Liberty Deprivation

This article adopts a theoretical and comparative perspective on the prisoner's legal status in England and Wales. Applying the principles of human rights, legality and proportionality, it argues that the prisoner's legal status must rest on a divisible conception of liberty. Such a conception must distinguish clearly between the liberty lost, and the rights restricted, by the imposition of the custodial sentence as opposed to the administration of prisons (the key distinction). In order for this to be achieved, the conception of the prisoner's legal status must also establish the purpose or purposes of the custodial sanction as distinct from the purpose of prison administration. Through comparison with Germany, the article demonstrates that the common law concept of the prisoner's legal status is unstable. Vacillating between a divisible and indivisible conception of the prisoner's liberty, the English conception of the prisoner's legal status lacks a foundation firm enough to satisfy the principles of human rights, legality and proportionality.