
Sökresultat:
3968 Uppsatser om European court of human rights - Sida 8 av 265
Forumkonkurrens. Prövning av folkmord inför ICJ och ICTY
The conflict in the former Yugoslavia was characterised by extensive war crimes committed by all parties in the conflict. Two international courts, The International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia, have both judged if a genocide was committed in this conflict. This paper examines how these two courts relates to each other concerning their legal judgement of the crime of genocide. Two cases are analysed; the judgement of Radislav Krstic´ at the ICTY and the case Bosnia and Hercegovina v. Serbia and Montenegro at the ICJ.
Fallet Bosman - en kvantitativ studie om fotbollens förändring och den fria rörlighetens effekter inom EU.
In 1995 something happened that radically changed the European football. This was the arrival of the Bosman ruling, a decision made by the European Court of Justice which meant that players with an expired contract could change clubs for free and that the European Union's internal market including the free movement of labour was now a part of the European football. The effects of theBosman ruling are wildly discussed today. Many powerful people in the European football mean that football now is less competitive than before, that there are a small amount of teams that actually have the ability to win any trophies. This bachelor thesis is studying the effects of the competitive forces in football after the Bosman ruling as a case of the free movement in the European Union.
Skolan som demokratiprojekt
The purpose of this thesis is to examine if the school's democracy project is successful. The objective is examined in relation to two specific questions. The first question is whether students, after completing their studies in civics A, understand the relationship between the concepts of human rights and democracy. The second is if the students understood the concepts of practical significance and impact on society and the individual. Variation theory comes from the phenomenographic theories and is central to this work. The approach to learning, in this essay, is a change in how a person experiences, understands or perceives a phenomenon. Variation theory focuses on a learning object and contextualization sees as crucial to how the individual perceives the object.The study is based on a quantitative research method in the form of a survey at a secondary school. A number of students may respond to valuation questions about how they perceive democracy and human rights in practical situations. The results are related to curriculum goals.The results of the study is not positive in relation to curriculum objectives, where many students respond negatively to questions..
Avsaknaden av samvetsfrihet inom den svenska hälso- och sjukvården : Hur Sverige valt att frångå Europakonventionen
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.
En studie av begreppet uppfyllelseort i artikel 5 (1) b i Bryssel I-förordningen
The courts international juristiction within the European union is regulated by the Brussels I Regulation. Article 2.1 of the Brussels I Regulation contains the fundamental provision. According to this Article the plaintiff shall submit an action where the defandent is domiciled. The Regulation provides exemptions to the this provision in Article 2.1.The court of the international case can also be determined according to Article 5 (1) of the Brussels I Regulation. This Article contains an alternative to the general provision within Article 2.1.
Kvinnors rätt till land : jämställdhet, formalisering och fördelning
The differences between the sexes when it comes to land and property ownership are enormous. This paper deals with issues concerning women's land and property rights. The aim of the study is to investigate what general factors are effecting women's access to and control of land. In addition, this paper aims to explore the effects of liberal formalism in relation to gender equality and the distribution of land. Formalism and formalization of women's land rights alone won't lead to equality in land distribution or women's emancipation.
Corporate Social Responsibility and Nongovernmental Organizations
Background: Corporations are established and organized in order to create economic values for their owners and the main aim of every business enterprise is to be profitable and satisfy the financial expectations of their shareholders. However, corporate social responsibility focuses on the ethical aspects of corporate business in order to achieve the balance between the profitability and social responsibility. Nongovernmental organizations through their activities promote the respect for human rights and environmental care within the corporate world. Purpose and Scope: To make an in-depth study about the role of nongovernmental organizations regarding corporate social responsibility in order to increase the understanding of corporate social responsibility. Methodology: We used literature research for our thesis and we analysed the secondary data related to the corporate social responsibility.
Länsrättens bevishantering i LVU-mål med hedersrelaterad problematik
The purpose of this study was to look into how evidence evaluation in verdicts considering 2 § LVU (Care of Young Persons Act) linked to honor related problems are handled by the County Administrative Court of Stockholm. The questions at issue were how the County Administrative Court handles the prerequisites regarding 2 § LVU verdicts, how the County Administrative Court proceeds when evaluating evidence in 2 § LVU verdicts, and how the County Administrative Court handles indications of that a child is living in an honor-related context. To answer this, five verdicts have been analyzed. In addition to this, two interviews were made as a complement. In the analysis of the collected material, the authors proceeded from a theory of evidence and used a hermeneutic method for the analysis.
Förbjud det totala abortförbudet? : Hur legitim är abortlagen i Nicaragua?
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.
Hur man rättfärdigar intervention i suveräna stater : en studie av FN:s intervention i forna Jugoslavien
This study examines the theories about intervention and sovereignty in relation to the world of today, with the raising question about humanitarian intervention in a globalized society.The purpose of this paper is to examine if intervention can be justified in a sovereign state and how it can be justified. The expected outcome is that conclusion can be drawn from the specific case with United Nations intervention in Bosnia and Hercegovina, and what kind of motives they putted up to justify their intervention.Because we are still living in the era of the Westphalia system with the inherited thoughts of state sovereignty, but in conflict with the new ideas of globalization and human rights, it?s of big relevance to look at this topic closer.First of all the reader is presented to the theoretical aspects of state, sovereignty and different kinds of intervention, to become more aware of the complications surrounding the relationship between these conceptions.The method used in this study is a motive analysis with the focus on the motives told by United Nation, to be the reason for the intervention in Bosnia and Hercegovina. The empirical results are based on the reports from United Nations Security Council during the years 1991 ? 1995.The results are that the intervention in Bosnia and Hercegovina can be justified when looking at the theories in relation to the empirical result, with the FN ? charter and the fact of violation against humanitarian law and human rights.One conclusion can easily be drawn, that individual rights are playing a big role in today?s global society and are putting some pressure on the United Nation to look over the rules about humanitarian intervention..
Barnets bästa i fokus? : En studie av tingsrättens domar i vårdnadstvister
The purpose of this law-sociological study was to, on the basis of the District Court's decree to single custody, analyze the District Court?s comprehensive ideas and fall-oriented interpretations of the concept of the best interest of the child and the way they are constructed in connection with the District Court's application of the new law regulation of 6kap. 5§ FB regarding collaboration between parents. Our empirical data consisted of ten decrees to single custody. The decrees were examined and analyzed on the basis of social constructionism as a theory and the idea-analysis as the study's method.
EU som normativ makt i Vitryssland - ett kritiskt fall
ABSTRACTThe EU as a normative power in Belarus ? a critical caseBy Anna JohnssonUniversity of VäxjöSchool of Social SciencesSpring semester 2007The European Union?s identity is a much debated topic. Some say it?s a unique actor in the international arena because of the different tools it has at its disposal. Ian Manners claims that the EU is what he calls a normative power.
Social ekonomi: Staten och det civila samhällets betydelse utifrån ett rättighetsperspektiv
The increasing significance of social economy as a concept is linked to general global processes such as the crisis of the welfare state, neoliberal globalization, anti-bureaucracy tendencies and decentralization, but also to a growing political interest in human rights and social development. In Sweden the idea of the social economy generates wide support within civil society as well as within the government and across party political boundaries. Furthermore, what is problematic in this context is the fact that the discussions on the subject tend to be relatively uncritical and often it seems as if though the expansion itself is the main objective. The emphasis on cooperation and the third sector in terms of welfare production implies a set of risks in relation to state responsibility, democracy and the autonomy of civil society. This paper aims to explore those risks and how they can be dealt with within the Swedish context..
Europeiska Unionens demokratiska underskott : -en textanalys av Lissabonfördraget
This essay focus on the European Union and its democracy both from a national perspective and from an international perspective. Furthermore, the essay center on the concept of democratic deficit, this in order to study the European Union´s status regarding the democratic legitimacy. This study intends to nuance the problems that previous research and previous researchers have defined as democratic deficits in the European Union and ends up in conducting a textual analysis of the latest European Union treaty, the Lisbon Treaty.The aim is that by using previous research on the democratic deficit in the European Union examine whether the Lisbon Treaty has enhanced the EU's position regarding democratic legitimacy. In other words, my study aims to identify what the deficit is and if it exists.The results show that the Lisbon Treaty has been trying to improve the democratic legitimacy and that some practical adjustments have been made, but it also show that there is much that still can be improved before citizens have full democratic rights..
Utstationering av utländska arbetstagare i Sverige : Är Lex Britannia och Sveriges sätt att implementera utstationeringsdirektivet (96/71/EG) förenliga med EG-rätten?
The Latvian building company Laval un Partneri Ltd (Laval) posted Latvian construction workers at the rebuilding of a school in Vaxholm in autumn 2004. Because the company refused to sign a collective agreement with Svenska Byggnadsarbetareförbundet (Byggnads), which is the Swedish trade union for constructions workers, Byggnads put the construction site under a boycott. Next Laval sued Byggnads for damages in the Swedish Labour Court (AD) because Laval considers the boycott as well as Byggnad´s demand that Laval signs a collective agreement incompatible with EC Law. AD has now demanded a preliminary ruling from the European Court of Justice (ECJ). While waiting for the preliminary ruling from the ECJ, several important questions of principle stand unanswered.