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。     

社会资本与拆迁户维权行动——基于GS镇SJ街房屋拆迁的个案研究

本文借鉴"过程-事件分析"的研究策略,以GS镇SJ街房屋拆迁为个案,通过详细描述SJ街拆迁户维权行动的事件始末,考察拆迁户为了维护切身利益采取的行动策略,并运用社会资本理论,重点分析在维权行动中拆迁户如何整合已有社会资源,建构新的维权社会资本,最终促成维权行动的成功。     

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.     

论管制征收构成标准——以美国联邦最高法院判例为中心

美国联邦最高法院在审理33个管制征收案件时主要采用是否属于物理性侵占、是否属于经济利益互惠、财产权行使是否构成对公共或他人的妨碍、是否符合公共利益、对财产价值的影响程度五类标准。管制征收构成标准的体系构建,需通过对五类标准进行形式与实质递进式的双阶层划分来实现:是否属于物理性侵占、是否属于经济利益互惠以及财产权行使是否构成公共妨碍为第一阶层的形式标准。一项管制行为属于物理性侵占即构成管制征收;管制行为属于经济利益互惠或者财产权行使构成对公共或他人的妨碍,则不构成管制征收。在不属于物理性侵占、经济利益互惠或者财产权行使构成公共妨碍的情况下,对是否符合公共利益和对财产价值的影响程度作第二阶层的实质判断。不符合公共利益标准或者对财产价值造成过度影响的管制行为构成应于补偿的管制征收。     

Talcott Parsons on full citizenship for African Americans: retrospective interpretation and evaluation

In this essay in the Thinking Citizenship Series, Lidz evaluates the contributions of Talcott Parsons for thinking about citizenship and race relations in twentieth century America.     

Self-protection in Greece: sticking with groups,communicating, protesting,and fighting

Despite the international community’s responsibility to protect (R2P) mandate, we are years away from effective international enforcement mechanisms. It is therefore important that we better understand and seek to support local capacities for self-protection. Migrants and refugees in Greece have shown us four central ways they cope with insecure environments. They stick together in groups, communicate warnings of danger, protest when conditions are threatening, and fight when all else fails. This practical note offers three recommendations on how to support the capacity of displaced people to protect themselves.     

Institutions and abused women: an interactional model to access justice in India

The discourse on domestic violence has steadily moved from solely the realm of private family affairs into the institutional domain, through changing perceptions and the enactment and enforcement of laws. This article aims to understand how women approach institutions and how institutions perceive, translate, and respond to complaints within human rights discourses. The study analysed all cases registered in a family counselling centre in Rajasthan, India, with ten cases then randomly selected for in-depth interviews. The institutions are a catalyst of social change; however, they need to partner with specialists for medical interventions, and network with line departments more effectively to improve social resilience.