Digital Commons Network^™

Convention On The Rights Of Persons With Disabilities, Unmas

Global CWD Repository

The Convention on the Rights of Persons with Disabilities and its Optional Protocol (A/RES/61/106) was adopted on 13 December 2006 at the United Nations Headquarters in New York, and was opened for signature on 30 March 2007 and entered into force on 3 May 2008. It is the first comprehensive human rights treaty of the 21st century and is the first human rights convention to be open for signature by regional integration organizations.

The Convention has particular significance for mine action as it details the rights of survivors of mines and ERW. While the Convention does not identify new rights, …

Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights …

The Indigenous Challenge, Carlos Perafan, Dianna Moyer

Latin American Energy Dialogue, White Papers and Reports

In business circles, indigenous peoples in Latin America are perceived as an obstacle to oil and gas development. However, there is more than that to the story. Recent years have seen a strong reaction from indigenous peoples movements to the way hydrocarbons businesses have been managed in South America. This article discusses some of the effects of oil and gas development on indigenous communities in Latin America.'

An Older Adult’S Rights, University Of Maine Center On Aging

Maine Center on Aging Service and Consultation

It is important to remember that older adults have rights just like every other individual. These include the right to medical care, to live free from abuse, to feel safe, to report abuse without fear of retaliation, to determine how your money is spent, to appropriate food and clothing, to be happy, among others. To make a report of abuse, neglect, or exploitation of an incapacitated or dependent adult, call Adult Protective Services at 1-800-624-8404. For more information about elder abuse and resources in your community, contact your local Area Agency on Aging at 1-800-353-3371.

Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan

Articles

The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,
outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact
it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement …

Freedom And Rights, Richard Dagger

Political Science Faculty Publications

Liberalism, of course, is quite a capacious theory, with room for liberals to debate quite vigorously among themselves, as well as with others, the meaning and significance of freedom, rights and other concepts. It is also capacious enough to allow for a rethinking of these concepts at a time of pressing environmental problems. Such a rethmking, I shall argue, should lead us to conceive of freedom and rights less as barriers or shields that protect individuals against interference - as forms of independence - and more as matters of organic growth and connection, or interdependence. Indeed, we must conceive …

Foreword: Confronting The Rights Deficit At Home And Abroad, Ruben J. Garcia

Scholarly Works

In this foreword, the author introduces the idea of the rights deficit faced by people of color and low socioeconomic status by linking it to related debates—first on the nature of rights and second on whether there are domestic and international “democracy deficits.” Then the author describes the essays from the 2006 Western Law Professors of Color Conference in the three groups in which they appear in the issue. One group of essays focuses on the aftermath of Hurricane Katrina for the domestic rights deficit. In the area of education law and policy, the issue is not just the rights …

Free To Be Obese In A 'Super Nanny State'?, Nadine Henley

Research outputs pre 2011

Should individuals be free to make lifestyle decisions (such as what, when and how much to eat and how much physical activity to take), without undue interference from the state, even when their decisions may lead to negative consequences (obesity, heart disease, diabetes)?

Indigenous Self-Determination And Research On Human Genetic Material: A Consideration Of The Relevance Of Debates On Patents And Informed Consent, And The Political Demands On Researchers, Constance Macintosh

Articles, Book Chapters, & Popular Press

Genetic research involving indigenous populations provokes many legal, ethical and cultural issues. Arguably, of these issues, two dominate the literature. The first is whether human genetic materials are or ought to be patentable, which is often argued against on the basis that such patents offend human dignity generally and are culturally offensive to many indigenous peoples. The second is whether researchers must obtain informed consent from representatives of indigenous groups as a whole before attempting to obtain consent for participation from individual members of that group. I argue that there is limited benefit in continuing to debate the patentability of …

The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick

All Faculty Scholarship

This paper, written for Texas Wesleyan Law School's Gloucester Conference, ¿Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality,¿ is a brief exploration of a broader project. Every civil rights movement must struggle with how to allocate scarce resources to accomplish the broadest change possible. This paper compares the legal and political strategies of the Black rights movement and the women's rights movement in the United States, comparing both the strategy choices and the results. These two movement followed essentially the same strategies. Where they have attained success and where each has failed demonstrates the limits …