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Legal Frameworks (legal + frameworks)
Selected AbstractsDetention of the mentally ill in Europe , a reviewACTA PSYCHIATRICA SCANDINAVICA, Issue 1 2002Martin Zinkler Objective:,The frequency of compulsory admission varies widely across Europe. Although there has been some research on a nation-wide level, no work has been done to compare mental health legislation in different countries in relation to detention rates and to patients' perception of hospital detention. Method:,Databases and government statistics were searched for regional, national and European data. Legal frameworks were compared and reviewed in relation to patients' and professionals' views. Results:,Nearly 20-fold variations in detention rates were found in different parts of Europe. Criteria for detention of the mentally ill are broadly similar when it comes to patients at risk to themselves or others. However different rules apply for involuntary treatment in the interest of the patient's health. Conclusion:,Variations in detention rates across Europe appear to be influenced by professionals' ethics and attitudes, sociodemographic variables, the public's preoccupation about risk arising from mental illness and the respective legal framework. [source] Soil-solution speciation of CD as affected by soil characteristics in unpolluted and polluted soilsENVIRONMENTAL TOXICOLOGY & CHEMISTRY, Issue 3 2005Erik Meers Abstract Total metal content by itself is insufficient as a measure to indicate actual environmental risk. Understanding the mobility of heavy metals in the soil and their speciation in the soil solution is of great importance for accurately assessing environmental risks posed by these metals. In a first explorative study, the effects of general soil characteristics on Cd mobility were evaluated and expressed in the form of empirical formulations. The most important factors influencing mobility of Cd proved to be pH and total soil content. This may indicate that current legislation expressing the requirement for soil sanitation in Flanders (Belgium) as a function of total soil content, organic matter, and clay does not successfully reflect actual risks. Current legal frameworks focusing on total content, therefore, should be amended with criteria that are indicative of metal mobility and availability and are based on physicochemical soil properties. In addition, soil-solution speciation was performed using two independent software packages (Visual Minteq 2.23 and Windermere Humic Aqueous model VI [WHAM VI]). Both programs largely were in agreement in concern to Cd speciation in all 29 soils under study. Depending on soil type, free ion and the organically complexed forms were the most abundant species. Additional inorganic soluble species were sulfates and chlorides. Minor species in solution were in the form of nitrates, hydroxides, and carbonates, the relative importance of which was deemed insignificant in comparison to the four major species. [source] The role of law in welfare reform: critical perspectives on the relationship between law and social work practiceINTERNATIONAL JOURNAL OF SOCIAL WELFARE, Issue 1 2006Suzy Braye This article considers the complex relationships between law, welfare policy and social work practice, in order to address the question of what role legal frameworks might play in achieving welfare policy and professional practice goals. It traces how law has developed as a core component of professional practice, and challenges some of the false expectations placed upon it. It then draws on findings from an international knowledge review of law teaching in social work education to propose a model for understanding how professional practice incorporates legal perspectives, and proposes ways in which legal frameworks can provide positive and constructive vehicles for accountable practice. [source] Feminism, legal reform and women's empowerment in the Middle East and North AfricaINTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 191 2008Valentine M. Moghadam The issue of women's rights in the Middle East and North Africa (MENA) has gained prominence in research studies, policy debates and feminist activism. Area experts contend that for women to play a larger role in the economy and society is vital to the region's progress. But women in MENA still face gender discrimination that prevents them from reaching their potential, despite impressive gains in education and health. To varying degrees across MENA countries, discrimination against women is built into cultural attitudes, government policies and legal frameworks. The region's family laws codify discrimination against women and girls, placing them in a position subordinate to men in the family , a position that is then replicated in the economy and society. I briefly discuss recent trends in women's activism and family law reform in the MENA region, with a spotlight on Morocco, which adopted an entirely new family law in early 2004. The new Moroccan law drew on international standards and norms on women's and children's rights, the imperatives of national development and Islam's spirit of justice and equality. That a feminist campaign succeeded in altering family law in a MENA country, where laws are based on Sharia, or Islamic law, shows that effective coalitions can be built in MENA countries by linking social and economic development to women's rights. The Moroccan case demonstrates the links among research, activism and policy. [source] Developing an International System for Internally Displaced PersonsINTERNATIONAL STUDIES PERSPECTIVES, Issue 2 2006ROBERTA COHEN A pressing new problem came onto the international agenda at the end of the cold war, persons forced from their homes by conflict and human rights violations who remain uprooted and at risk within the borders of their own countries. The international system created after the Second World War to protect and assist refugees, people who flee across borders, did not extend to internally displaced persons (IDPs). Over the past fifteen years, substantial efforts have been made to create an international system to respond to the needs of the world's 20 to 25 million IDPs, but a long way remains to go in resolving issues of sovereignty, legal frameworks, institutional arrangements and strategies to protect people under assault in their own countries. [source] Diversity in the Judiciary: The Case For Positive ActionJOURNAL OF LAW AND SOCIETY, Issue 3 2009Kate Malleson A range of policies has been developed in England and Wales to reform the judicial appointments process so as to promote greater diversity. But despite two decades of official activity, the pace of change has been far slower than anticipated. Increasing awareness of the intransigence of the problem has led to a greater willingness to revisit some of the more fundamental tenets which have underpinned the approach to the problem to date, in particular, the unquestioning and inflexible commitment to the principle of equal treatment. This article examines the different forms of positive action which might play a part in the development of new diversity strategies for the judiciary. It reviews the arguments for and against different types, in terms of effectiveness, quality of appointments, and equity. It goes on to consider the legal frameworks which govern diversity and equality policies and assesses the legal implications of adopting different forms of positive action. [source] Human Rights Barriers for Displaced Persons in Southern SudanJOURNAL OF NURSING SCHOLARSHIP, Issue 3 2009Carol Pavlish PhD Abstract Purpose: This community-based research explores community perspectives on human rights barriers that women encounter in a postconflict setting of southern Sudan. Methods: An ethnographic design was used to guide data collection in five focus groups with community members and during in-depth interviews with nine key informants. A constant comparison method of data analysis was used. Atlas.ti data management software facilitated the inductive coding and sorting of data. Findings: Participants identified three formal and one set of informal community structures for human rights. Human rights barriers included shifting legal frameworks, doubt about human rights, weak government infrastructure, and poverty. Conclusions: The evolving government infrastructure cannot currently provide adequate human rights protection, especially for women. The nature of living in poverty without development opportunities includes human rights abuses. Good governance, protection, and human development opportunities were emphasized as priority human rights concerns. Human rights framework could serve as a powerful integrator of health and development work with community-based organizations. Clinical Relevance: Results help nurses understand the intersection between health and human rights as well as approaches to advancing rights in a culturally attuned manner. [source] Documenting Accountability: Environmental Impact Assessment in a Peruvian Mining ProjectPOLAR: POLITICAL AND LEGAL ANTHROPOLOGY REVIEW, Issue 2 2009Fabiana Li Over the past two decades, practices of accountability have acquired a new presence in neoliberal governance and resource extraction in Peru. In the context of mining activity, accountability generally refers to public mechanisms of evaluation and record-keeping through which citizens can make corporations and governments answerable to them. However, I argue that these practices often prioritize mining interests by enabling corporations to define and ultimately enforce standards of performance. This article focuses on a key process in the making of social and environmental accountability in mining projects: Environmental Impact Assessment (EIA). I show that the form of the documents produced for the EIA (i.e., their required components, as established in legal frameworks) and the process of making them public (participatory meetings and public forums) can take precedence over their content. I examine two aspects of the EIA that make this possible. First, the risks that are identified in the EIA are those that a company deems to be technically manageable based on the solutions and interventions that it has to offer. Second, the participatory process of the EIA creates collaborative relationships among state agents, corporations, NGOs, and communities that strengthen the EIA's claims of accountability while circumscribing the spaces for opposition to a proposed project. [source] Intellectual Property Rights Jurisprudence in Tanzania: Turning an Eye to the Commercial Division of the High CourtTHE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 6 2006Paul Faustin Kihwelo This article seeks to address the practice and judicial development in Tanzania insofar as interpretation of matters relating to intellectual property (IP) are concerned. The article begins by examining the various forms of IP and proceeds to illucidate legal frameworks both globally, which includes matters relating to the World Intellectual Property Organization as well as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provisions, and the Tanzania legal framework. In addition, the article examines the genesis and framework of the commercial court in Tanzania and proceeds to make an in-depth analysis of TRIPS enforcement provisions with emphasis on the practice of the commercial court. The author proceeds to examine a number of selected cases decided by the commercial court since its inception to date. [source] Devolution and Disability Equality Legislation: The Implementation of Part 4 of the Disability Discrimination Act 1995 in England and ScotlandBRITISH JOURNAL OF SPECIAL EDUCATION, Issue 2 2003Sheila Riddell Part 4 of the Disability Discrimination Act 1995 (as amended) came into force in September 2002. The Act covers Great Britain but, in relation to schools, is implemented through different special educational needs legislation in England and Scotland. This article by Sheila Riddell, Professor of Social Policy (Disability Studies) at Glasgow University and Director of the Strathclyde Centre for Disability Research, explores the key differences in these legal frameworks, and discusses their implications for delivering consistent anti-discrimination policies north and south of the border. Professor Riddell argues that there is a need for close monitoring of the implementation of Part 4 of the DDA in English and Scottish schools. If major differences in implementation of the legislation emerge over time, there may be a need to consider the case for devolving responsibility for equal opportunities to the Holyrood Parliament or amending national education legislation to make it more consistent. This article will be of interest to anyone concerned with the implementation of Part 4 of the Disability Discrimination Act in England and Scotland. [source] | ||||||||||||||||