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3971 Uppsatser om European court of human rights - Sida 18 av 265
Att bara vara barn - En studie i hur fysisk bestraffning av barn är kopplat till det juridiska klimatet för unga i USA
United States is one of the two countries in the world that have not ratified the convention on the rights of the child, and one of the few countries that sentences children less than 18 years to life in prison without parole. Besides this, corporal punishment is legal in all the states of USA. This essay is aimed at researching how these three factors affect one another in the American context and what consequences may come out of it. By the use of reports from NGO's and UN treaties together with various theories about the subject in question, I have looked into the juridical climate for today's young Americans.The conclusion of the essay shows that there is a tendency in the United States to control violence with violence, from a local level and further to a state level. As long as this attitude proceeds, the situation for children at risk for being sentenced to life sentence will not improve..
Den svenska kupongbeskattningen av utländska fondbolag och dess förenlighet med EU-rätten : Bör det svenska regelverket förändras
AbstractThe purpose of this thesis has been to investigate if the Swedish legislation concerning taxation of dividends to foreign investment funds is in violation to EU law. Furthermore, the thesis will analyze if the Fondskatteutredningens suggestions to changes in the current legislation is appropriate to the purpose it tries to obtain.Today there is a difference in the taxation of dividends paid to Swedish investment funds and foreign investment funds. Dividends paid to foreign investment funds is being taxed in accordance with the Coupon Tax Act (1970:624), in which no deduction of the tax is possible. Swedish investment funds on the other hand have the possibility to deduct as much of the received dividends that they have given in dividends to its shareholders.The difference in the taxation between investment funds because of origin has been reviewed by both Swedish court and by the European Court of Justice. It has in these cases been up to the courts to review if a difference in taxation of dividends could constitute a violation of the free movement.
Kan inhyrning av personal utgöra ett otillåtet kringgående av företrädesrätten?
The purpose of this paper is to highlight the issue of preferential rights in relation to the increased practice of hiring temporary staff. The object is illuminated from a diversity perspective by seeing what a circumvention of the preferential rights may have consequences for vulnerable groups on the Swedish labor market. The question of preferential rights to reinstatement is controlled in The Employment Protection Act. The preferential right is for the protection of workers made redundant due to redundancy. The use of agency workers has increased significantly in the Swedish labor market since the industry's legalization in 1993. This has created some problems in terms of preferential rights. To a circumvention of the law, shall exist requires that the measures constitute circumvention is justified, measures should have been sought to circumvent the law and been unfair in view of the particular case.
Jämlikhet, frihet och kulturell mångfald - en studie om normativa ideal och kulturella rättigheter i offentliga utredningar
To create fair conditions between the majority and minorities in a cultural diverse society poses a challenge for both the makers of government policy and the political theorist. The aim of this thesis is to examine the Swedish government official reports concerning integration and minority rights, with a special interest in values and cultural rights. As a methodological tool a theoretical model that classifies cultural rights is developed and the three normative doctrines lockean libertarianism, comprehensive liberalism and multiculturalism are distinguished from the discussion about how politics ought to be in a multicultural society. Through this perspective rights and values in the official reports are identified and analyzed. The result shows three different standpoints in the reports concerning which cultural minority group they are discussing.
Rektorers psykosociala arbetsmiljö
The purpose of this study is to review the legal situation of the psychosocial work enivronment for principals. The purpose is also to get an increased understanding for how the principals work environment can affect people involved in the swedish school. The psychosocial work environment is explained through studying European law, national law and case law. The principals work situation is studied by different sources, for example from the Work Environment Agency and a report from the Swedish School Agency. The legal dogmatic method has been applied with the legal sociology method to analyze the material.
Barnets bästa : en studie i hur domstolen avgör frågor om umgänge när det har förekommit våld i familjen
In many of the disputes concerning custody, residence and visitation determined by the court, some form of violence has been performed. The consequence of a child who has witnessed violence in their homes is a problem that is sometimes overlooked. It is not unusual that the violence will continue even after a separation. The law shows that the child´s need of both parents is to be met. This has according to previous studies resulted in the fact that courts do not always see visitation with a violent parent as a risk for the child.
USA:s syn på Turkiet, från 1997 fram till våren 2007
The aim of this essay is to analyze the political interests of the United States Government in Turkey, from 1997 to spring 2007, using a qualitative method. I will also analyze any strategic changes during this period, by using theories of realism, particularly Structure Realism and Rational Choice. Using the Rational Actor Model (RAM), I will analyze how nation states such as the United States act in the political arena in Turkey. How can the US Government legitimize the support to Turkey and at the same time criticize there democratic deficit and their view on human rights. Turkey has been an American Military Ally, via NATO since 1952 and its demographic situation has changed since the Cold War.
Impact of Regulations on Innovation Performances in EU:
Innovation has been identified as one of the key factors for economic growth long ago. However, the emergence of ?knowledge century? further strengthened the role of the concept since proper management of the knowledge is essential to make the best out of the innovative capacity of the companies as well as the countries. This necessitates a balanced intellectual property rights (IPR) systems, since these rights provide the basis to solve the market failures faced by innovating firms by creating property rights over knowledge. There is an inherent dilemma between invention and diffusion.
Fader Vår : om fäder med intellektuella funktionsnedsättningar
Most studies on parenthood and learning difficulties focus on mother and child, and very little is know about fathers with learning difficulties. Moreover, people with learning difficulties are rarely asked to tell their own narratives. The aim of the current study is to identify the role of the father in families where one or both of the parents have learning difficulties. Laws and regulations concerning the rights of people with learning difficulties in Sweden are accounted for and the he social support system for all parents in Sweden are described .The empirical study is a qualitative phenomenological interview study, inspired by narrative traditions, and describes how fathers with learning difficulties experience these support systems. The main data are two life stories of fathers with learning difficulties and one observation in a family.The findings suggest that although Sweden has a highly regarded disability policy and social support system, and even though fathers with learning difficulties are assured equal rights as members of the society and as parents by the Act of Human Rights, they are not treated equal but still faces structural inequalities.
Euron, mer än siffror på ett papper? En studie av Eurokrisens påverkan på relationen mellan europeisk identitet och inställningen till euron
This bachelor thesis aim to explore in what way the Euro crisis have affected the reciprocal relationship between European identity and the attitudes towards the euro, and how it differs between the members in the Eurozone and members that have not yet introduced the euro. This thesis is grounded in a theoretical view that the euro is a symbol through which European identity is created, but also that European identity is a factor for the attitudes towards the euro as a single currency. By statistical analysis of empirical data collected through the Eurobarometer, I discover that there is a difference between how the relationship between the European identity and the attitudes towards the euro changes during the Euro crisis. Members without the euro seems to be more affected than members with the euro, as the correlation between European identity and attitudes towards the euro weakens for members without the euro, which do not seem to be the case in member countries within the Eurozone..
Europeiska arkivhandlingar : Europeiskt identitetsskapande i samtida ABM-projekt
The aim of this master?s thesis is to analyse the construction of European identity in three ofcontemporary EU initiated projects for the digitisation of collections from museums, archives, andlibraries. The source material consists of the web pages of the projects Minerva, MICHAEL, andEuropeana, as well as some other policy documents on digitisation and access from EU authorities.Theories on nationalism and construction of heritage are used as an overall context to the problem.After a brief description of the mentioned projects, the author undertakes an analysis of theways that the concept of ?European heritage? is depicted in the source material. The result is thefollowing: normally, the true European heritage is considered being united even though it isdiveded culturally, historically and linguistically.
Europa - en plats eller en idé? : En diskursanalys av den europeiska identitetens konstruktion
Today Europe is faced with an identity crisis concerning its borders. Turkey stands at the threshold for an EU-membership while the EU-Commission is trying to formulate what constitutes a European identity. This identity seeking process will determine the future not only for Turkey, but also for immigrants now living in Europe.In this thesis a discourse analysis, underpinned by socialconstructionist theory, is conducted to explore how the European identity has been constructed throughout history up until today. A starting point is that identity always is defined through a dialectical relationship to "otherness". Therefore the analysis is focused not only on what a European identity consists of but also what and who it excludes.
Svensk yttrandefrihet i ett EU-perspektiv : - Hur svenska medborgare kan komma att få ett svagare meddelarskydd och ensamansvar ioch med EG-rättens konflikt med svensk grundlag vid grundlagsregleringen 2010
AbstractTitle: Swedish freedom of speech compared to european freedom of speechNumber of pages: 57Author: Gabriella BoodeTutor: Göran SvenssonCourse: Media and Communication Studies CPeriod: Spring 2009University: Division of Media and Communication, Department of Information Science,Uppsala UniversityPurpose/Aim: The purpose with the dissertation is to see if there has been a limitation inSwedish freedom of speech since parts of the European union laws is superiour to theSwedish constitution as freedom of the press regulations and freedom of speech constitution.A more narrow purpose is to find out how the specific Swedish rights such as individual?slegal right to publish information are influenced by the European union laws and are superiorto the freedom of the press regulations and freedom of speech constitutionThe survey will also try to find out the effectiveness with the Lisbon Strategy ?s emergencybrake and its purpose to protect the Swedish freedom of the press regulations and freedom ofspeech constitution. How big is the difference between the different member states concerningthe protection of the freedom of speech?Material/Method: The data collected for this thesis is retrieved through personal interviewswith representives from experts with in the field as Uppsala University and the SwedishGovernent.Main results: It is obvious that Sweden has the strongest protection of freedom of speechcomparing to the other EU member states. No other EU country has as detailed constitution asthe Swedish constitution TF and YGL.
Informationalismens Murar hotet mot information som positiv rättighet; en ideologianalys av WTO och dess avtal.
This thesis examines the ideological implications of an emerging shift in human rights-issues regarding information. As Intellectual Property becomes increasingly important to the economy of developed nations previously commonly owned or unprotected information runs a real risk of becoming privatized. The World Trade Organization and its binding agreements GATS and TRIPS are subjected to a critical ideology-analysis, with special efforts to elucidate possible effects on the public service realm and its commitment as provider of free information as a human right. The result suggests that not only does a threat to information as such a right exist, but that its ideological basis however seemingly rooted in a liberal/neoliberal context actually in its express views on information deviates from liberal/neoliberal theory in many ways, and that there are theoretical inconsistencies in that same ideology..
Rätten att fritt uttrycka sigoch rätten att inte bli kränkt : ett gränsdragningsproblem
Purpose/Aim: We have a right to freedom of the press, but we do also have a right not to be exposed to slander, we have a right to not be insulted. A study about this rights and crimes in the swedish law.Material/Method: literature, Internet, cases, Commission of Inquiry's recommendation. A qualitative research methodMain results: There is a very strong freedom of the press in the Swedish constitution. Mostly it stands immovable. The freedom of press can be restricted in case of slander.