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3968 Uppsatser om European court of human rights - Sida 4 av 265
Ett öppet eller slutet Europa. En diskursanalys av EU:s flykting- och invandringspolitik
This thesis focuses on the perception of immigration and refugees in the commonEuropean refugee and immigration policy. It identifies different discourses andstudies their development and interrelated power structures.Using the discourse theory of Laclau and Mouffe, documents from theEuropean Council, the Commission, the Justice and Home Affairs Council andParliament debates are analysed. The study is defined in the time span of 1999-2006, i.e. from the European Council's first agreement on developing a commonEuropean asylum system, following the period up till today.Four discourses are distinguished, focusing respectively on rights, security,European Union's needs, and cultural identity. I use Sandra Lavenex theory ofrealism and idealism to analyse one of the main points in the thesis: There is afundamental schism between the one rights-based discourse, focusing on universalhuman rights, and the three sharing a particularistic focus on immigration as asecurity concern.
Suveränitet eller mänskliga rättigheter? : En idéanalys om USA:s rättfärdigande av Operation Iraqi Freedom
AbstractAs human beings, we are all governed by our innate instinct that to kill another human being, or to just inflict pain on another, is to go against what makes us human. Still, it happens every day, far and near. Some of these killings happens in war-like situations, where atrocities against humanity occur. The international community has since the founding of UN in 1945, a duty to intervene where crimes against the human rights occur. This is a difficult task, because, in order to intervene and help those in need, the situation might postulate states violating states sovereignty.
Barnets Bästa : ? om rättssäkerhet i Högsta domstolens vårdnadstvister
The purpose of this study was to explore if and how the Swedish Supreme Court are using the concept ?the child?s best interest?. This concept is used a lot in Swedish legislation, but it needs interpretation every time it´s used and is often perceived as unclear. This makes it interesting to see how this affects the individual child´s legal rights. Furthermore I want to see if the Supreme Court listen to the child´s own opinion and if not, are there any justifications to why not.
Dubbelprövningsförbudet avseende skattetillägg och skattebrott : - en utredning av införandet av regeringens förslag gällande en spärreglering samt ett samlat sanktionsförfarande ur ett rättssäkerhetsperspektiv
A tax penalty is an administrative penalty and is levied when the tax obligated provides false information for the guidance of their own taxation. Further can the taxpayer also be punished for tax evasion for the same false reporting. However, this is contrary to the European Convention that we should not be tried or punished twice for the same crime. The Supreme Court has through practice from 2013 ruled that the right not to be punished twice for the same offense shall include the system in force concerning tax and tax offenses. The Supreme Court has by this judgment determined that the system of penalty and tax evasion is not compatible with the dual test ban.In the light of the judgment the Government submitted in November 2014 a draft to the council regarding double test ban regarding penalty and tax evasion.
Staten och civilsamhället i Uruguay
Lack of political interest and will to deal with human rights violations carried out under the civil- military dictatorship, has characterized the transition and post-transition in Uruguay. The systematic use of torture, arbitrary imprisonments and forced disappearances in the relatively small country created a culture of fear that has been present through out the post-transition phase. Human rights groups have been central actors in the fight for truth and justice and against impunity. This study analyzes how these groups multiple democracy-building functions have contributed to democratic development. It also analyses how the democracy-building functions have been constrained by the political context.
?Vi fixar och trixar oss fram till att hjälpa människor?: En studie med fokus på det sociala arbetet med köpare och säljare av sexuella tjänster i Sverige i relation till mänskliga rättigheter.
The thesis ?Vi fixar och trixar oss fram till att hjälpa människor? focuses on social work in the field of prostitution and human trafficking in Sweden. Through semi-structured interviews with social workers in the municipalities of Stockholm, Göteborg and Malmö working with persons selling and buying sex, and through discourse analysis, the author analyses the perceptions among these social workers of the relation between human rights, prostitution and human trafficking, and the social work which they conduct.The thesis concludes that although the social workers perceive prostitution and human trafficking and social work in this field as human rights related, they are not explicitly using a human rights based approach in their work.The thesis concludes that the social workers identify several aspects that infringe on the rights of their clients in relation to the human rights principles of Universality, Non-discrimination, Accountability and Rule of law and the principle of Participation and Inclusion. They portray the human rights situation of street based sellers, especially those not being Swedish citizens and those affected by human trafficking, as severe.The thesis concludes that the social workers find several obstacles (legal as well as structural) that diminish their ability to strengthen their clients? human rights situation.
Must I move to be with my family? The right to family reunification in EU law and the problem of reverse discrimination
The Court of Justice of the European Union has progressively revised the rule of purely internal situations to ensure a wider scope of application of the economic freedoms as well as the EU citizenship right to move and reside freely within the Union. This development, combined with the increasing importance of fundamental rights, has strengthened the family life protection of those EU citizens who come within the scope of EU law. The limit between the individuals who may benefit from a EU right to family reunification and fundamental rights protection and those who find themselves in purely internal situations has, however, become more legally uncertain. The disadvantage suffered by those who fall outside the scope of EU law is known as reverse discrimination.The 2011 case Zambrano confirmed the trend towards an increasingly generous EU law protection of family life in cases where the exercise of freedom of movement and enjoyment of EU citizenship rights is potentially restricted by a Member State measure. By contrast, in the subsequent McCarthy- case, it became clear that families in purely internal situations may only rely on national immigration and procedural law to obtain family reunification and protection of their fundamental rights.
Mänskliga rättigheter i globaliseringens tidevarv
This thesis compares different justifications of human rights with the philosophy of Axel Hägerström. Hägerström´s philosophy uses a strict logic and discards the notion of the existence of absolute values and moral right and wrong. The justifications that are examined are those of Robert Nozick, Alan Gewirth and the postmodern view. Nozick emanates from arguments of natural law, which is rejected by Hägerström as metaphysics. Gewirths logical justification emanates in part from moral arguments and hence differentiates from Hägerström, but it can be used for constructing a practical application of Hägerström's philosophy and thereby motivate a legislation relating to human rights.
Fallstudie om förfaranderegel handläggning inom skälig tid
Fair trials? rights under Swedish law of public administration (FL) are regulated by Article 7 of the Statute. Similarly, fair trials? right under the European Convention of Human Rights (EU Convention) is regulated by Article 6.1. The essay conducts a comparative study of the two legislations and seeks to determine whether Article 7 of the Swedish law of public administration is consistent and compliance with Article 6.1 of the EU Convention.
Mänskliga rättigheter i samhällskunskapen: Utifrån ett lärarperspektiv
Human rights have been added to the new curriculum which came into force the 1st of July 2011 in the Swedish Upper Secondary school. The purpose with this master thesis is to compare the old and the new curriculum as part of an examination of what way they affect the Social Science education. Further the analysis focus on what is affecting discourses in the Social Science about human rights, as well as its communication and incorporation in its education. The empirical material consists of the schools steering documents and interviews with Social Science teachers. The theoretical framework is based on human rights education (HRE) and curriculum theory.
Ska det europeiska medborgarskapet vara universellt eller pluralistiskt? En studie kring vilka problem ett universellt respektive ett pluralistiskt medborgarskap innebär ur ett genusperspektiv
This paper is a study of a European citizenship in relation to two different perspectives on citizenship ? universalism and pluralism - from a gender perspective. We discuss a universal citizenship with equal rights and a pluralistic citizenship with different rights (groupdifferentiated rights), in relation to women within the European Union.First, we try to decide whether the European citizenship draws towards a universal or pluralistic direction. Secondly, we discuss problems with the universal and the pluralistic citizenship in relation to women in EU. It's not evident which of them best favours women's needs and interests; both are problematic in its own way.
Tillämpningen av positiv särbehandling : På grund av kön och etnicitet
Directive 2006/54/EG from the European Union concerns the equal rights between men and woman and the principle of equal rights. The purpose of the directive is that the member states provide the equal rights between men and woman. Affirmative action is one exception from the principle of equal rights which is settled in directive 2006/54/EG, article 3. The purpose for the affirmative action must be to encourage the equal rights between men and women.EU has specific criteria to use affirmative action, which is created by praxis of the Court of Justice of the European Union. These criteria are that the affirmative action must involve an objective assessment, there must be equal qualifications between the person which is affirmative action and the person who is not, the positive action cannot be automatically decisive and this special treatment should be proportionate to the purpose.
FN:s barnkonvention : Demokratins positiva inverkan på staters implementering av barnkonventionen. Fallet Nigeria.
Even though many states have ratified the UN Convention on the Rights of the Child and sworn to protect human rights, viloations occur every day both in developed and developing countries. United Nations gave Sweden critique for not implementing the Convention conrerning article 11, which raises the question how respected the Convention is amongst other states? Does democracy contribute to a higher level of implementation?.
Ett värdigt liv ? Alla människors rättighet? : en studie om gömda flyktingars livsvillkor
The aim with this study was to increase the knowledge about as well as shed light on hidden refugees? living conditions by compiling research about hidden refugees? living conditions and complete this research by doing a field survey with people with different knowledge and experience of hidden refugees? living conditions. The result was analyzed on the basis of Nussbaum?s list of ten human abilities and the convention of human rights. The study showed that hidden refugees' living conditions are experienced as very critical, and characterized by lack of human rights as well as means to utilize and develop their abilities.
TV-rättigheter inom svensk idrott : En studie av det rättsliga läget rörande ägande av och skydd för TV-rättigheter inom svensk idrott
AimThe aim of this study is to investigate who can be considered to be the owner of the broadcasting rights on sport events in Sweden. Furthermore our aim is to investigate how the owners can protect their rights.The reason why we are interested in this subject is that there is no legislation in this field. There is no legislation on who the owner is and there are no arena rights that protect the broadcasting rights. We have studied case law and legislation in other countries and tried to apply it to Swedish conditions. We have posed the following questions:Who owns the broadcasting rights on sport events in Sweden?What legal protection does the owners of the broadcasting rights have for their rights?MethodThe study is based on literature studies and interviews.