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A Critical View of the Access to Justice in Brazil
Issue:
Volume 3, Issue 1, March 2020
Pages:
1-4
Received:
9 February 2020
Accepted:
20 February 2020
Published:
18 March 2020
Abstract: This article makes critical analyze the access to justice. Beside the concept of this great juridical issue, the main approach is the model and consequences of the free legal aid adopted by Brazilian law system. The study points the problems faced by the country caused by a wrong and incomplete way to provide access to justice. Thru the article, is shown incredible numbers provided by the “Conselho Nacional de Justiça about new lawsuits and the stock of them in Brazilian legal system. In addition, the numbers presented are analyzed and confronted with the free legal aid system which foster the litigation. The article points the problem, its consequences and considerations that could solve the problematic experienced by the Brazilian society. From there, some suggestions are made using concepts and responses obtained with an economic analysis of law as creating more requirements to the concession of the free legal aid. The methodology used is deductive and it is used bibliographical research and case law for the achievement of the study. The result ascertained is that the Brazilian free legal aid model needs urgently a change and because of this, the article finishes proposing new solutions that can solve the presented problem.
Abstract: This article makes critical analyze the access to justice. Beside the concept of this great juridical issue, the main approach is the model and consequences of the free legal aid adopted by Brazilian law system. The study points the problems faced by the country caused by a wrong and incomplete way to provide access to justice. Thru the article, is...
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How to Protect the Human Rights of Children Temporarily out of Custody in the Novel Coronavirus Pneumonia Epidemic in China
Issue:
Volume 3, Issue 1, March 2020
Pages:
5-11
Received:
25 February 2020
Accepted:
10 March 2020
Published:
24 March 2020
Abstract: In the current epidemic prevention and control of the Novel Coronavirus Pneumonia (NCP) in China, the protection of human rights of children temporarily separated from guardianship during the epidemic period has not yet attracted the attention of the state and society. Some of these children have to be separated from their parents because their parents are quarantined for suspected or confirmed NCP, or these children themselves have to be quarantined because of suspected or confirmed diagnosis of NCP. Some children’s parents are doctors, police and other front-line anti epidemic staff, therefore they have no other choice but leaving the children at home alone. There are also children whose parents and other close relatives have been infected or suspected to be infected with NCP thereby have no ability to take care of them. These children are actually out of the custody of their parents. The mental and physical health of these children are suffering from great damage. However, the absence of state guardianship, guardians’ lacking awareness of protecting children's rights, and the adverse guidance of public opinions make these children be in a struggling situation at present. The First thing we must to do is establishing a systematic national guardianship system, and make clear the temporary guardianship system. Second, expanding the interpretation of leftover children and children in difficulties in the existing laws and policies, and formulating special provisions for the protection of temporary "leftover children" during the epidemic prevention and control period should be added. Third, for the "leftover children" who are temporarily out of custody in epidemic areas, the state needs to allocate special to designate special national treatment institutions where children can receive unified treatment.
Abstract: In the current epidemic prevention and control of the Novel Coronavirus Pneumonia (NCP) in China, the protection of human rights of children temporarily separated from guardianship during the epidemic period has not yet attracted the attention of the state and society. Some of these children have to be separated from their parents because their par...
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Waste Management Based on Banjar and Customary Village in Denpasar City-Bali
I Made Suwitra,
I Nyoman Sukandia,
I Wayan Subawa,
I Wayan Arthanaya,
Diah Gayatri Sudibya,
Ni Putu Sawitri Nandari
Issue:
Volume 3, Issue 1, March 2020
Pages:
12-19
Received:
21 February 2020
Accepted:
27 March 2020
Published:
14 April 2020
Abstract: Each of residents of Denpasar City produces 4 liters of waste per day. With a population of 788,589 people in 2011, the waste generated reaches 1.151.341, 40 m3 per year. While the transportation capacity of the trucks of Sanitation and Gardening Service (DKP) reachs 698,949 m3 of waste or 60.71% of the total waste, so DKP Denpasar City has not been able to reach the service target of 80% of the total waste. By Mayor Regulation No. 11 year 2016 there is change paradigm of environment-based waste management in banjar and desa adat / customary village with the aim that the waste has been managed from the source so that waste disposed to landfill (TPA) can be reduced. The methods used are normative legal research and empirical law research with legal, analytic, philosophical and customary or cultural approaches. Denpasar City Government wishes to exude local law product with custom law in waste management including its supervision and law enforcement (Top and Botton Up) model. With this model, the waste management is done in each Banjar / Neighborhoods and Desa Adat / village through the procurement of TPS (laystall)/TPST (temporary laystall). While DKP only serves the transportation from TPS (laystall) to TPA (landfill). Sanctions against violation of waste disposal shall be a maximum fine of 50 million rupiah or maximum 3 (three) months imprisonment.
Abstract: Each of residents of Denpasar City produces 4 liters of waste per day. With a population of 788,589 people in 2011, the waste generated reaches 1.151.341, 40 m3 per year. While the transportation capacity of the trucks of Sanitation and Gardening Service (DKP) reachs 698,949 m3 of waste or 60.71% of the total waste, so DKP Denpasar City has not bee...
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Reject and Eject: Arresting the Vanishing Relevance of Non-refoulement Obligations in the United Kingdom
Cosmas Ukachukwu Ikegwuruka
Issue:
Volume 3, Issue 1, March 2020
Pages:
20-31
Received:
13 February 2020
Accepted:
11 March 2020
Published:
12 May 2020
Abstract: This paper argues that expulsion decisions in the United Kingdom are sometimes at variance with the very important non-refoulement obligations in international law and raises fundamental issues of concern. However, recent legal developments in the Strasbourg jurisprudence and the Court of Justice of the European Union seem to halt this trend of the vanishing relevance of non-refoulement obligations-a Daniel has come to judgment. This paper, applying the documentary analysis methodology argues that except this nascent development is maintained and sustained, non-refoulement obligations may still remain ‘theoretical and illusory rather than practical and effective’. The bottom line is that a State is not excused from its human rights obligations by transferring, returning or removing a migrant to another State even on the basis of agreement without actually determining whether there will be violations of the individual’s rights under international refugee law or international human rights law. It has therefore been shown that there is overwhelming evidence pointing to the establishment of non-refoulement as a norm of customary international law with wide acceptance by the international community of the prohibition of torture and cruel, inhuman and degrading treatment, as jus cogens.
Abstract: This paper argues that expulsion decisions in the United Kingdom are sometimes at variance with the very important non-refoulement obligations in international law and raises fundamental issues of concern. However, recent legal developments in the Strasbourg jurisprudence and the Court of Justice of the European Union seem to halt this trend of the...
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Theological Mediation of the Current Alterity in Western Naturalisation Policy, Immigration Control and Global Diaspora
Ugonna Chimnonyerem Nkwunonwo,
Cosmas Ikegwuruka
Issue:
Volume 3, Issue 1, March 2020
Pages:
32-38
Received:
13 February 2020
Accepted:
11 March 2020
Published:
12 May 2020
Abstract: This paper explores how theological exegesis of Genesis 20 vs. 1-18 texts, and the book of Ruth can be applied in the context of mediating the harsh western citizenship and naturalisation policy, immigration rules and the global diaspora, bearing in mind the key prospects of theological reflection and how they find expressions in addressing problems within the complex human society. The primacy of Biblical texts and narratives as a tool for interrogating and addressing issues of concern within the diverse human, political, economic and socio-cultural contexts is incontrovertible. The overriding intention of hermeneutics in relation to theological pedagogy and dialectics has in fact been to determine how the reading and interpretation of literary works in general and Biblical texts and narratives in particular, have shaped and transformed patterns and outcomes of human behaviours. This is in terms of actions and responsibility – how human beings understand their world, the diversities and dimensions of their experiences, how they express interpersonal, intertribal, interreligious, interregional and international relationships, and how they are able to resolve conflicts and crises that are part and parcel of their experiences and interactions. Thus, it is believed that theological framing of ideas, and logical postulations especially in synthesising knowledge and transforming critical understanding of concepts, paradigms and theories from a synergy of interdisciplinary discourse can be useful in addressing global ethnographic alterity. Indeed, interdisciplinary discourses that couple environmental sciences, theology and law have established a long presence as an academic discourse. However, the increasing manifestations of alterity in immigration and naturalisation policies within the western world raises key question in relation to how to bring to bear the cultural, political, legal, environmental and moral significance of the meanings that are being derived from the texts and narratives that make up the Bible.
Abstract: This paper explores how theological exegesis of Genesis 20 vs. 1-18 texts, and the book of Ruth can be applied in the context of mediating the harsh western citizenship and naturalisation policy, immigration rules and the global diaspora, bearing in mind the key prospects of theological reflection and how they find expressions in addressing problem...
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