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3971 Uppsatser om European court of human rights - Sida 11 av 265

Att ställa den skyddsbehövande inför rätta : Om de rättsliga förutsättningarna för att förhindra skyddslöshet vid tillämpningen av Flyktingkonventionens uteslutandeklausuler och samtidigt motverka straffrihet för de grova folkrättsbrott som faller under k

The purpose of this study has been to investigate the prospects for identifying and prosecuting individuals suspected of war crimes, within the process of exclusion from refugee status under article 1F(a) of the 1951 Refugee Convention, and using subsequent mechanisms for extradition or prosecution in international criminal law. A number of principles within human rights law and public international law have been advocated by the UNCHR and several human rights NGOs as necessary for a thorough application of the exclusion clauses; one that takes individual responsibility into account and upholds the aims and purposes of the exclusion clauses. There is a discussion as to whether specialised or accelerated exclusion procedures are justified for reasons of security and efficiency, or if they put the rights of the individual at risk and limit the opportunities for gathering information to support investigation and prosecution of the crime in question. Apart from the instruments of asylum law and procedure that have emerged within the EU harmonisation process, there are no general, binding rules on the procedural aspects of the exclusion clauses. One principle that regulates the consequences for the individual of exclusion from refugee status and decisions on extradition is, however, the principle of non-refoulement.

Det romska återtagande av sin identitet - En undersökning av identitetspolitik hos romska organisationer i EU

This thesis is concerned with investigating the Roma, a group that is left out in most of the territory bound theories. The theoretical purposes are to develop theories that increase the understanding for the Roma as a diasporic nation without state and the advocacy networks they are organised in. The main empirical purpose has been to study two organisations as cases and how they position themselves against the European Union concerning identity politics. The two organisations are European Roma Rights Centre (ERRC) and Dzeno. They are a part of the same network that works on different levels with the rights of Roma.

Trafficking i Norden : en komparativ studie av de nordiska ländernas handlingsplaner mot människohandel för sexuella ändamål

This essay focuses on how trafficking in human beings for sexual exploitation is defined and dealt with in the Nordic countries. Agreements on how trafficking for sexual exploitations should be dealt with is presented in reports and Action plans from the European Union and United nations amongst others. In this essay we will compare four national Action plans made by governments by Denmark, Finland, Sweden and Norway between 2005- 2011 to each other. Mainly we have been looking at similarities and differences in the different Action plans. The essay is based on Discourse theory and discursive struggle and we have been looking at similarities and differences in how trafficking is dealt with through language.

Lika i värde, men olika värden : En kvalitativ och komparativ innehållsanalys av Feministiskt initiativs och Svenska kyrkans värden inom områdena mänskliga rättigheter och jämställdhet

This study is based on the notion of "the postsecular society". I have identified both similar and dissimilar values within current and official publications regarding human rights and gender equality authored by the Swedish Feminist Party and the Church of Sweden. The aim of this study is to identify and review similarities and differences in values, as expressed in definitions and standpoints, and also to try to explain how it is that the actors have similar and dissimilar values. In this context I have chosen the sociologist Jürgen Habermas's theory about "the postsecular society" to increase the understanding how and why similar values within religious and secular actors are presented in, what Habermas calls, "the postsecular society". I have used a qualitative and comparative content analysis for this study. The result shows that the Swedish Feminist Party has a more humanistic view.

Identitetens språk : Svensklärares attityd till dialekt i Värmland

The main purpose of this thesis is to analyze laws that completely prohibit abortion through a legal philosophical perspective. To demonstrate that abortion blanket bans cannot be seen as legally legitimate, the author has completed a literature study where she uses Robert Alexy?s ?Concept of Law? to analyze abortion laws both in general, and in Nicaragua in particular.Based upon Alexy?s ?Concept of Law? the author has identified three relevant key elements ? social efficacy, the argument from injustice and correctness of content - which she uses in her analysis. In order to apply these three elements on the total abortion ban, she then uses four different analysis tools - feminist theory, Human Rights, deontology analysis and right analysis. This has enabled a thorough analysis of the total ban on abortion that has demonstrates that such laws cannot be considered legitimate.By highlighting the human rights violations the law entails, one can conclude that the law has a social impact.

Enbarnspolitik och saknade kvinnor : en fallstudie av rätten till liv i Indien

It is not unusual that women and children fall behind in development countries. It is not even unusual that these groups are exposed to all forms of discrimination due to the countries lack of capacity to erase poverty. We also know that women and children in a larger extent suffers from the shortage of proper health conditions. India is one of these countries. It is a country where women even before birth are exposed to discriminatory family planning.

Att vara mellanchef i Svenska kyrkan : en studie om den prästerliga mellanchefen i tio stora pastorat efter strukturförändringen 1 januari 2014

The proponents for conscience wants to get a clause that will allow the health professionals to due. scruples waive certain duties. Swedens decision makers has despite pressure from the Christian De-mocrats and the Sweden Democrats decided not to implement freedom of conscience in health care. The purpose of this paper is to investigate whether Sweden has the obligation to provide for freedom of conscience in health care. Furthermore, it must be examined, whose rights according to the law will go first, health professionals right to freedom of conscience or the patient right to equal treat-ment.

ETT DELAT LAND, ETT DELAT F?RTROENDE En teoripr?vande analys av allm?nhetens f?rtroende f?r h?gsta domstolen i ett polariserat USA

America finds itself divided in the midst of strict abortion laws and a contentious presidential election. This era of polarization, raises the question of whether such a great division has permeated through to the U.S Supreme Court. This paper uses two dominant theories of legitimacy; traditional and ideological, respectively, to analyze and compare this issue. The theories are compared empirically by investigating the level of public trust across opposing political affiliations. Unlike most previous research, the results suggest that variation in trust aligns with the ideological distance to the Court between democratic and republican voters. Trust is also found to be dependent on whether the electorate agrees with the decisions of the court or not.

Vem är ett barn? En kritisk idéanalys av Barnkonventionen

Nearly half of the worlds population is individuals under the age of eighteen. The UN Convention on the Rights of the Child state in its first article that a child is ?every human being below the age of 18 years?. Our aim and purpose with this essay is to problemize this broad definition. Our hypothesis is that the definition brought by the UN Convention on the Rights of the Child is too wide and therefore brings difficulties when children of different ages beneath eighteen should and shall be treated the same.

Japansk Biståndspolitik - Implementering av Japans ODA-deklaration genom positiva och negativa sanktioner vid internationellt bistånd.

The aim of this study has been to, through a couple of chosen theories, examine in what way and for what purposes Japan has used its international aid system, How can the nation have been said to have implemented and acted in lines with the philosophies and principles set forth in the ODA declaration. What approaches, concerning positive and negative aid sanctions in the matters of aid to Cambodia and Burma, have been chosen and what have the motives for these choices been. What have been the determining factors of the outcome related to these sanctions - economic, political and/or matters of identity? I have found that a concern for possible decrease in economic profit and investment related areas, combined with a feared loss of political prestige and worsened diplomatic relations to the neighbouring countries in the Asian society, have come to overtrump the notion of advocating democracy, human rights, environmental and anti-militaristic issues..


Kollektivavtalsrätten och ideologierna : Ideologies and Swedish Labour Law

Abstract The overall aim of this paper is to examine the impact of ideologies and norms on a legal system. Against a background of a description of the hierarchy of norms in Swedish labour law and in European Union law, respectively, the paper aims to specifically demonstrate the problems caused by the different hierarchies of norms when implementing EU directives in Swedish labor law. The research question examines how the trade unions? right to industrial action towards an undertaker providing transnational services by posting of workers, is affected by the implementation of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. The paper answers the question under what conditions the Swedish trade unions have the right to take industrial action in situations of posting of workers. Through the study of sources of law and adhering to traditional jurisprudence, this paper investigates the legislation regarding trade unions? rights to take industrial action in situations of posting of workers. In addition to the jurisprudential research, a glance at the history of ideologies is provided.

"En ryggradslös lag" : Om LSS-besvär hos länsrätten rörande personkrets tre

AbstractThe purpose of this study were to examine the appeal that reaches the county administrative court regarding cases within The law of support and service to some disabled (LSS) the third "alternative" with the effort personal assistant. We have gathered 280 cases from seven different county administrative court and from our selection 19 of the cases remained.These 19 cases became our starting point for our study and they have been interpreted through Foucault´s and Skau´s interpretation frame regarding power and Payne´s social constructivism to try and answer our three questions at issue: How are the cases being handled by the county administrative court? What kind of cases leads to appeal? What similarity and differences are there between the cases? These questions have been answered one by one in a systematical order. Our result shows, among other things, that cases that involve certificates from occupational therapist or physiotherapist are the cases that win against the municipality in the county administrative court. Further we have found a new theme in our study regarding clientification among them who apply for efforts within LSS and "alternative" three.

Kontaktperson enligt LSS : En studie av normförekomst i rättstillämpningen av LSS

The aim of this study was to examine the occurence of norms in court cases regarding the Swedish law of support and service for disabled (Lag 1993:387 om stöd och service till vissa funktionshindrade) with the help of a discourse analysis method. More specifically its aim was to examine and identify norms in the different dictums/statements that were to be found in the court cases regarding the supportive institution "contact person" according to the Swedish law "LSS" with the help of a norm science approach. The aim was also to examine when the applicant was found to be entitled to a contact person according to the LSS-law. To be able to do this, the author studied thirty-four different court cases. In these cases six themes were found, that indicated the occurence of norms.

Kommunen som avtalspart

This essay inquires with the local authority´s rights versus obligations towards its members in agreement situations, where according to civil law compete with the according to public law.These situations become more and more common, since the public is often integrated in today´s trade and industery. Within this analyses there are statements made by HD about what is the applicable judgement concerning this complex area. HD´s different views and opinions have partly been critizesed by the auther..

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