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1437 Uppsatser om Legal rights - Sida 5 av 96
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.
De mänskliga rättigheternas Galjonsfigur? Den Allmänna Förklaringen om de Mänskliga Rättigheterna
The 1948 Universal Declaration of Human Rights is probably the world's most known andinternationally most respected document. The purpose of this study is to examine if the UDHRreflects universal values and norms and to assess its moral and juridical relevance today, 60 yearsafter the adoption. The literature used in this literature-based critical study is mainly written bythe academic elite of the discourse on Human Rights. By comparing these sources I have reachedthe conclusion that the UDHR is still today an important document because of its continuinginfluence on international lawmaking and because of the encouragement and aspirations tomankind in the never-ending struggle for the rights it represents..
Omedelbart omhändertagandeenligt 6 § LVU : -en granskning utifrån ett rättssäkerhetsperspektiv
The main purpose of this study was to examine how social workers interpret and legally practice the 6 § LVU (Care of Young Person´s Act) in regards to legal cer-tainty. The papers intention was to investigate and describe the legal scopes limits and deficiencies, linked to practical social work. The study was composed on a legal dogmatic method which implies to examine the law and its elaboration. The investi-gation was based on different court rulings of care of youths according mostly to 6 § LVU. Perusal and interpretation of the rulings have been necessary in order to clarify the issues.
Skattetillägget och rättssäkerheten : Har Europadomstolens dom i målet Janosevic mot Sverige 2002 lett till förbättrad rättssäkerhet på skatteområdet?
In 1972 the regulations on tax surcharge were introduced. In the new system the sur-charge are imposed by the Tax Authority (skatteverket) and not the Court. Since 1995 the European Convention on Human Rights constitute law in Sweden, which means that Sweden is forced to guarantee its citizens the human rights in the Convention. Article 6 in the Convention states that everyone, in the determination of his civil rights and obligations or of any criminal charge against him, is entitled to a fair hea-ring within reasonable time. The Article also expresses the right for anyone charged with a criminal offence to be presumed innocent until proved guilty according to law (the presumtion of innocence).
Modersmålsundervisningens låga deltagande : En undersökning om varför elever med behörighet inte deltar i modersmålsundervisning
The fundamental freedoms and human rights is something the countries, and its citizens, of theEuropean Union more or less take for granted. However, in recent years these rights have become atopic of discussion in the way that a debate about the Islamic headscarves has developed. Thisdebate has resulted in that a number of countries, including France, have taken legislative measuresto ban clothing that fully covers ones face. Out of these bans a discussion has arisen concerning thefundamental freedoms and human rights. These burqa bans, as it is labeled in the pubic debate, havebeen accused to wrongfully limit the individuals freedoms and human rights.This study therefore has the aim to analyze these burqa bans in relation to the European Union,United Nations and the Council of Europe?s general declarations concerning the fundamentalfreedoms and basic human rights.The main result of this study shows that these bans in fact is not a proportionally restrict in thefundamental freedoms and human rights.
BARNKONVENTIONEN : 20 år senare
On November 1989 the Convention on the Rights of the Child was adopted by the United Nations General Assembly. Today more than 20 years later the convention is ratified by all countries in the world except the USA. A question asked is however if the convention after 20 years of development work has in fact accomplished some positive effects for children around the world? The aim of this thesis is to evaluate the implementation of the Convention on the Rights of the Child in selected states and to reach this aim some questions need to be answered: What do the selected states do to realize the best interest of the child?What do the selected states do to guarantee all children?s right to survival and development?Do all children in the selected states have the same right to health and health services?Do all children in the selected states have the same right to education? The material studied in this thesis is those reports that are to be sent periodically to the Committee on the Rights of the Child by all states. The result of this study shows that the Convention on the Rights of the Child has made some positive progresses when it comes to the situation of the child in the world.
Förbigående av företrädesrätten till återanställning med hjälp av bemanningsföretag : -Att anses som ett kringgående av LAS?
The aim of this essay is to discuss the problems concerning the right of priority for re-employment in connection to employing temporary agency workers. This will be done with the help of relevant laws, preparatory work and literature that fall within the scope of the legal dogmatic method.Using temporary personnel is becoming considerably more common throughout the Swedish workplace. In recent years there has been a rapid growth of work agencies and a tendency to employ temporary personnel. At the same time employees are made redundant, suffering the consequences that arise from the workplace failing to abide by the rules of re-employment. In order to claim that the employer has failed to follow the right of priority for re-employment, evidence must be sufficient.
Finn fem fel? Trovärdighetsbedömningar och rättssäkerhet inom den svenska asylprocessen
The purpose of this essay is to outline the aspects of the rule of law that can be applied to credibility assessment in the asylum procedure, and more specifically what factors influence the assessment of credibility in practice. To evaluate this procedure, a multidisciplinary method has been used. Secondary data has been collected from previous academic research and from legal documents such as the Swedish Aliens Act. Since the area of study lacks a reflection on how credibility issues are dealt with in practice, primary research in the form of qualitative interviews has been conducted.Key findings suggest that the Swedish asylum system does offer a fairly inclusive refugee law and rights protection relating to the rule of law. However, the study also suggests that the decision maker's own subjectivity, lack of training relating to trauma and torture victims as well as a rigid system of regulations contribute to credibility assessments being arbitrary and discretionary, in violation of the rule of law..
SVERIGEDEMOKRATERNA ? ETT HOT MOT DE M?NSKLIGA R?TTIGHETERNA? En unders?kning av i vilka avseenden Sverigedemokraternas politik strider mot Europakonventionens skydd av minoriteters r?ttigheter
Right-wing populism has through the past decades flourished in several countries in Europe.
Research has shown that right-wing populism is, with its political starting point in ?the
people?, focusing on the majority and is sometimes excluding the minorities from the politics.
Since human rights regulations are mainly a protection of minority rights, the aim is to
examine if the politics of the Sweden Democrats, as a case of a growing right-wing populist
party, is a threat to human rights and in that case, in what respects. The thesis is supposed to
answer the question in what respects the politics of the Sweden Democrats contravene with
the European Convention?s protection of minority rights.
Penumbra Suecica : Den negativa fo?reningsfriheten i Sverige mo?ter Margin of appreciation
This paper discusses if Margin of Appreciation is compatible with the idea of universal human rights. Through the case of Negative freedom of association in Sweden, it studies the phenomenon that Giorgio Agamben has called the State of exception.The questions that are discussed and answered are 1) How does the rights theories of Jack Donnelly and Ronald Dworkin relate to Margin of appreciation, and 2) How has Margin of appreciation been applied in cases concerning the negative freedom of association in Sweden, in the European court for human rights. These questions and answers are then used in the discussion on how Margin of appreciation affects the concept of universal human rights. .
Margin of Appreciation : en kulturrelativistisk doktrin?
With the collapse of the Soviet Union and the 9/11 attacks, the landscape of the freedom of religion has changed. The issues now facing freedom of religion varies greatly from the issues that the drafters of the universal declaration of human rights faced after World War II.In the light of the new issues that States face in the intersection of religion and societal interest, scholars have criticized the European Court of Human Rights to give too much leeway to the States in determining how the human rights should be implemented, by using the doctrine of margin of appreciation. Critics of the margin of appreciation claim that it is based on culture relativism and that the doctrine undermines the universality of the human rights. In order to decide if the margin of appreciation has indeed led to a relativization of the human rights I compared it to the jurisprudence of the UN Human Rights Committee and its use of the Syracusa principles. My conclusion is that the jurisprudence of the European Court of Human Rights cannot be considered to be based on culture relativism.
Kvinnors rättigheter och icke-statliga Organisationer, a perfect match?
Since the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in 1979 there has been evident progress in the area of women's rights in great parts of the world, although this progress is still foremost concentrated to the Westernhemisphere. In Argentina, the work with gender equality and women's rights set of strongly during the last decade. The country has ratified the Convention on the Elimination of All Forms of Discrimination against Women and the Inter-American Convention on the Prevention, Punishmentand Eradication of Violence against Women "Convention of Belem Do Para" but still women and girls are victims of structural discrimination and serious impunity of their rights on a daily basis.The current situation proves that the positive changes within the context of international and national law do not necessary reach out to the population to the same extent. In the light of the lacking popular involvement and knowledge of their rights, a different type of solution is desirable. Therefore it would be of interest to examinate the role of Non Governmental Organisations (NGO:s) when it comes to implementing human rights in the society and ?the every day life?.
Sverigedemokraterna + FN = sant? En diskursanalys av Sverigedemokraternas tolkning av begreppet mänskliga rättigheter.
It is the aim of this paper to examine, and analyze at a discursive level, the Swedish Democrats' interpretation of the term 'human rights', as this is presented in the material available on the party's official website. The goal is then to investigate in what manner the party portrays its political ambitions in relation to 'human rights'. The theoretical foundation for this analysis is discourse theory as it is presented in the works of Ernesto Laclau and Chantal Mouffe.Furthermore, the aim is also to examine whether the Swedish Democrats? interpretation of 'human rights' is compatible with the established understanding of the term, such as this is presented in the international UN treaties on human rights. This will be done by thoroughly examining and comparing certain aspects of the Swedish Democrats' political ambitions, such as they have been portrayed in the analytical section of the paper, with relevant sections of the UN treaties..
Minimiaktiekapitalet i Sverige: En konsekvensstudie av ett slopande av aktiekapitalkravet
In 2007 the Swedish government appointed a commission of inquiry with the task to submit a proposal of reduction in the requirement of a minimum legal capital for private limited liability companies. The commission of inquiry?s main proposal involved a reduction to SEK 50,000 compared to the prevailing SEK 100,000. Following a complementary proposal from the Justice Department suggesting a reduction to SEK 1, this paper aims at providing an understanding of the function and purpose of a minimum legal capital and the consequences that follows from an abolition of the statutory capital requirement. The thesis concludes that the legal capital?s main purpose is that of a standard contract internalizing the shareholder?s risk in business.
Alla människors rätt till jämlika möjligheter i samhället : En komparativ studie av länsstyrelserna i Kalmars, Östergötlands och Västra Götalands läns arbete med de mänskliga rättigheterna.
It is a human right to be treated equally and fairly no matter whom you are, what you like or where you are from. The United Nations addressed the important aspects of equally treatment in their declaration of the human rights. It is each conventions state?s responsibility to fulfil all the rights in the declaration. This study focuses on three Swedish county administrative organizational works with the human rights from their annual reports from 2014.