
Sökresultat:
1328 Uppsatser om The principle of rights of the defence - Sida 3 av 89
?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.
Law and Corporate Finance: En studie av problematiken vid nyemissioner
The purpose of this thesis is to shade light on some of the problems associated with rights issues with regard to Swedish law. This thesis is limited to discuss problems regarding directed rights issues, rights issue discounts, underwriting agreements and asset to share compensation. The common factor for these matters is that the current legal situation is somewhat uncertain which allows for differences interpretation and judgment..
Kommunala underprisöverlåtelser och återbetalningskrav med stöd av art. 88.3 EGF ? En studie av svensk process- och sanktionsrätt utifrån den gemenskapsrättsliga effektivitetsprincipen
Private state aid enforcement with respect to below market value transactions carried out by Swedish municipalities ? A study on the conformity of Swedish procedural and substantial rules with the principle of effectiveness of EC law Recently in Sweden, several local governmental entities (municipalities) have engaged in commercial transactions that, essentially, have been aimed at transferring the ownership of public services ? for example schools and local medical care centers ? to private undertakings. A few of these transactions have been declared by Swedish administrative courts to constitute illegal below market value transfers of public resources. The essay seeks to determine whether the Swedish national provisions that govern legal claims based on the directly effective Art. 88(3) of the EC Treaty, are compatible with the principle of effectiveness, i.e.
Vad staten bör göra. En deontologisk och en preferensutilitaristisk analys av beskattning och statliga verksamheter.
This essay is a normative analysis concerning the question of whether the government should be allowed to use taxes to finance the state. What kind of ethical problems arise when the government use taxation? If it is possible to justify taxation, despite potential moral issues, then what should the government do with the funds they have collected? What kinds of government functions are morally justified? Is it merely the kinds of functions that are supposed to uphold negative human rights; or should the government provide health care, education and even culture for the citizens? This analysis aims to answer those questions and also formulate a principle about what the government should be occupied with, if anything at all. In order to achieve this I mainly use the terms freedom and justice to analyse ethical problems. The ideas of John Rawls and Robert Nozick are essential in this project.My answer is that taxation is justified as long as the purpose is to maintain the most fundamental human rights and also under other special circumstances such as if an individual cannot find a way to finance basic education or necessary health care.
The Golden Rule and Bioethics. A Reflection upon the Foundation of Ethics
The object of this thesis is the foundation of ethics. The question is whether there exists a universal core to ethics consisting of a fundamental ethical principle across cultures. This principle could for example be the so-called Golden Rule, which goes as follows: ?You should do to others what you want them to do to you?. The Golden Rule is to be found in many of the world?s religions and is also reflected in secular society.
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.
Operation Moked : Sexdagarskriget ? Överraskning inom de israeliska luftoperationerna
The research regarding the six day war and the aerial operations named Operation Moked is extensive but there are certain shortcomings in the research that examines both the operation and the principle of surprise.The aim of this paper is to contribute to this research by utilising existing military theories on the principle of surprise in order to identify indicators that are representative of surprise. These indicators are thereafter used in a study of Operation Moked in order to examine the extent of in which the principle was utilised.The result of this research goes to show that the principle of surprise was utilised in great extent by Israel during Operation Moked..
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.
Barns rättigheter - en självklarhet?
Numerous studies have showed that Swedish municipalities are responsible for several of the activities that concern children and their rights, e.g. school and health care. Furthermore, the Convention of the Rights of the Child is an international agreement that Sweden has signed and ratified which also implies the obligations that Swedish municipalities have. The purpose of this study is to investigate and compare, from a social justice perspective, how children?s rights are being emphasized and how children?s opinions are being taken into consideration at the municipality level in Sweden.
Den åländska hembygdsrättens omgestaltning - Från jordförvärvsskydd till regionalt medborgarskap
This article seeks to re-imagine the Alandish hembygdsrätt to a regional citizenship. Hembygdsrätt is a judicial tool that regulates acquisition of property and voting rights. Its a central part of the autonomy as it constitutes a social-border between Finns and Alanders.However as Åland and Finland became members of the European Union questions arouse concerning the legitimacy of the current statues. The community argued that it could be considered as a breach of the anti-discrimination principle. Therefore Alandish autonomy was recognized as an exception in the joint-accession treaty of Finland and Åland.
Nordiskt försvarssamarbete i åtstramningens tidevarv : En studie av förutsättningar för det norsk-svenska försvarssamarbetet
This study uses European researcher Tomas Valasek?s hypothesis about factors required for defence cooperation in order to achieve conditions which can be successfully applied to the Nordic defence cooperation NORDEFCO. The study uses only Norway and Sweden on the grounds that they are the original actors and the driving forces behind the defence cooperation. The factors studied are; the countries' strategic culture, solidarity and trust between countries, similarity in military forces, if similar conditions prevail in the defence industry and if the intentions of cooperation have been clarified.Mainly government documents in the form of propositions, orientations and defence documents are studied, together with previous research in this area and, especially, interviews with representatives of NORDEFCO at military level and policy level as well as outside perspectives from the military attachés in each country. With the intention of studying the extent to which the factors Valasek features may prove to be significant in assessing the conditions for enhanced cooperation in NORDEFCO, the study raises the question of how it is possible to find expressions for the factors.
I strid med lagstiftningens syfte : En analys av det fjärde rekvisitet i skatteflyktslagens 2 § utifrån legalitetsprincipen
Under Swedish tax law; the general clause in the Tax Avoidance Act is a method to prevent tax evasion. The purpose of the general clause is to prevent any tax avoidance procedures that the legislator has not been able to foresee. For the general clause to be applicable, four prerequisites need to be met. This thesis analyses the fourth prerequisite based on the principle of legality. The prerequisite concludes that a determination of the tax base, based on the procedure in question, is in conflict with the purpose of the legislation.
EU- medborgarskap Utifrån ett individ- och arbetstagarperspektiv
The EU- citizenship was established in the Maastricht Treaty in 1993. This citizenship involves rights to free movement, election rights to the European Parliament, diplomatic protection and the right to petition to the Ombudsman. In my analysis I discuss the implications of the EU- citizenship for the individual. The development and legal status of the union citizenship is examined in order to give a general understanding of the implications. In addition, I conduct a case study concerning the EU- citizenship's impact on workers rights.
Hedersrelaterat våld : En kritisk diskursanalys av svensk dagspress
The chief aim of this study is to investigate the impact of context on written peer response. A second aim is to explore students? attitudes towards peer response. The investigation has taken place at an upper secondary school in the south-east of Sweden, involving 20 students in grade 2 and 3 in the course Swedish C. The investigation is based on the students? comments on their peers? speech drafts and six qualitative interviews.
Mänskliga rättigheter i lokal praktik -En undersökning av kommunal verksamhet
The Swedish political organization is subject for the investigation of this thesis, with regard to the realization of universal human rights. There is a discrepancy between the Swedish state's international undertakings in legally binding treaties and theactualization of human rights by local authorities. The local authorities are ruled by a complex function of both national and local government. Of interest here, is the effect that these, and other organizational aspects, between the national and the local, have for the realization of human rights in local authorities. Also, the discrepancy between the national and the local is attempted to be understood.