scholarly journals Poeticizing a Story of Asylum: Refugees, Refuge, and Refuse

2017 ◽  
Vol 9 (2) ◽  
Author(s):  
Nicholas Ng-A-Fook

…the foreigner is first of all foreign to the legal language in which the duty of hospitality is formulated, the right to asylum, its limits, norms, policing, etc.  He has to ask for hospitality in a language which by definition is not his own, the one imposed on him by the master of the house, the host, the king, the lord, the authorities, the nation, the State, the father, etc.  This personage imposes on him translation into their own language, and that’s the first act of violence.(Derrida, 2000, p. 15)             Today, Rohingya refugees continue to flood across the Ganges-Brahmaputra Delta from Myanmar to Bangladesh.  For many of them, there is no promise of return, of reprieve, of refuge, as they seek asylum from religious persecution.  There are no homes, only hospital rooms and hallways awaiting the wounded and injured.  These are the news headlines on TV.  In a post-truth era of poll-I-ticking, liking, loving, emoji-ing, tweeting, we are, our family, myself included, failing to witness what Solnit (2013) calls elsewhere the stories of lives faraway, nearby. 

2020 ◽  
Vol 70 (2) ◽  
pp. 401-416
Author(s):  
Hana Machů

Abstract If in the right-hand sides of given differential equations occur discontinuities in the state variables, then the natural notion of a solution is the one in the sense of Filippov. In our paper, we will consider this type of solutions for vector Dirichlet problems. The obtained theorems deal with the existence and localization of Filippov solutions, under effective growth restrictions. Two illustrative examples are supplied.


Südosteuropa ◽  
2019 ◽  
Vol 67 (2) ◽  
pp. 175-195
Author(s):  
Petru Negură

Abstract The Centre for the Homeless in Chișinău embodies on a small scale the recent evolution of state policies towards the homeless in Moldova (a post-Soviet state). This institution applies the binary approach of the state, namely the ‘left hand’ and the ‘right hand’, towards marginalised people. On the one hand, the institution provides accommodation, food, and primary social, legal assistance and medical care. On the other hand, the Shelter personnel impose a series of disciplinary constraints over the users. The Shelter also operates a differentiation of the users according to two categories: the ‘recoverable’ and those deemed ‘irrecoverable’ (persons with severe disabilities, people with addictions). The personnel representing the ‘left hand’ (or ‘soft-line’) regularly negotiate with the employees representing the ‘right hand’ (‘hard-line’) of the institution to promote a milder and a more humanistic approach towards the users. This article relies on multi-method research including descriptive statistical analysis with biographical records of 810 subjects, a thematic analysis of in-depth interviews with homeless people (N = 65), people at risk of homelessness (N = 5), professionals (N = 20) and one ethnography of the Shelter.


2021 ◽  
pp. 310-312

This chapter examines Hanna Yablonka's Children by the Book, Biography of a Generation: The First Native Israelis Born 1948–1955 (2018). This book is unique in that it is neither politically committed to nationalist political slogans that are thrown daily into the arena of Israeli politics in the days of Netanyahu nor connected to the one-dimensional, sweeping condemnation of critics of the Israeli enterprise on the Right and Left. Instead, it suggests to set aside, even if only for a moment, what Yablonka calls “the current Israeli discourse, which furiously shatters everything that has happened in the state since it was established, brutally erasing all the achievements of Little Israel.” Yabonka is guided by Karl Mannheim's concept of a “historical generation”: a group in which there is a shared historical consciousness derived from historical experience. She shows how the state educational system fashioned the image of the new Israeli, endowing children with a local, native identity and imbuing them with the consciousness of belonging both to the people and to the land.


Grotiana ◽  
2007 ◽  
Vol 26 (1) ◽  
pp. 396-415 ◽  
Author(s):  
Gustaaf van Nifterik

AbstractAn important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war (and peace), since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state may punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae (around 1605), one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio (around 1615), and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis (around 1625).Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away.


2020 ◽  
Vol 22 (4) ◽  
pp. 647-663
Author(s):  
Vasily K. Pinkevich

The purpose of the article is to trace the connection between the change in the religious policy of the state and the anti-clerical protests of the 2016-2020s. Statements against Church restitution and the construction of churches have caused extensive discussion, which has given rise to a number of contradictory, sometimes mutually exclusive interpretations. According to the author, the reason for these protests was not private reasons, but deeper reasons related to the religious policy of the state. The author pays special attention to changes in religious legislation, which led to increased control over the private life of citizens and infringement of the right to freedom of ideological choice. The article points out that the religious issue has divided Russian society: the ruling class on the one hand, and a significant part of citizens on the other, have become increasingly different in understanding the place and role of religion in the life of the country. According to the author, the protests in Yekaterinburg, St. Petersburg, and Moscow were special cases of numerous manifestations of politicization of society and growing dissatisfaction with the state of state-confessional relations in modern Russia. The author concludes that the degree of conflict, the high level of solidarity actions, a diverse and resonant series of events, as well as the level of ideological discussion allow us to classify these events as political and plebiscite.


2019 ◽  
Vol 15 (1) ◽  
pp. 26-50
Author(s):  
Nadirsah Hawari ◽  
Rachma Octariani ◽  
Eva Rosalia ◽  
Sinta Arifka ◽  
Asep Candra

Abstract According to Islamic Shari'a, holding a public office is not a right for an individual, but an obligation for the State. Therefore, the government, both the regional head and all its officials, must select the most suitable and most suitable person for every government job. It should not be made of nepotism by looking at kinship, friendship, or faction from any relationship with the eligibility of someone to hold a position .The existing rulers should appoint officials from the best people (al-ashlah), the Prophet said which means "whoever holds a Muslim's business (meaning being a ruler) then he appoints someone to be an official even though he knows there are more people good for (benefit) of the Muslims, then really he has betrayed Allah and His Messenger "(Ibn Taimiyah). If the head of state or other officials do not find the right person for a certain position, in this situation they must choose the person who is more representative. Representative here means the person who is the most appropriate from the one for each government position. And also in this selection process, the head of state and other officials must know about the standards of eligibility al-quwwah (strength) and al-amanah (trust). Al-Quwwah is the ability and feasibility of a job assignment. Whereas trusteeship is a behavior that focuses on the management process regarding the position or function of a position that is in accordance with Islamic Shari'a with the intention of only devoting to Allah and not based on fear of humans and expecting their self-interest. nominating yourself is required to convey the vision and mission and the state program that will be implemented. In this case, the community or community is very necessary to obtain information on the candidate pairs who nominate themselves, and the campaign that can be used as a means of communicating politics and public education. The leaders, servants of the State, civil servants or the military, judges and so on, are essentially representations of the voices of the people they lead. The leaders are no more than public servants who must devote and dedicate their leadership to the benefit of the people. The leaders are only representatives of the fulfillment of the rights of the people, so that they are obliged to run the government properly.    Abstrak Menurut syariat islam, memegang suatu jabatan-jabatan umum bukanlah hak  bagi individu, melainkan kewajiban atasnya bagi Negara. Oleh sebab itu, pemerintah baik kepala daerah dan seluruh pejabatnya harus menyeleksi orang yang paling cocok dan paling layak bagi setiap pekerjaan pemerintahan.Tidak boleh beerbuat nepotisme dengan memandang kekerabatan, persahabatan, atau golongan dari manapun yang tidak ada hubunngannya dengan kelayakan seseorang untuk memegang suatu jabatan.Para penguasa yang telah ada hendaknya mengangkat para pejabat dari orang orang terbaik (al-ashlah), Nabi bersabda yang artinya“barang siapa memegang suatu urusan kaum muslimin (maksudnya menjadi penguasa) kemudian ia mengangkat seseorang menjadi pejabat padahal ia mengetahui ada orang yang lebih baik bagi (kemaslahatan) kaum muslimin, maka sungguh ia telah mengkhianati Allah dan Rasul-Nya” (Ibnu Taimiyah).Apabila kepala Negara atau para pejabat lainnya tidak menemukan orang yang tepat untuk suatu jabatan tertentu, dalam keadaan ini mereka harus memilih orang yang lebih representative. Representative disini memiliki arti yakni orang yang paling tepat dari yang ada untuk setiap jabatan pemerintahan. Dan juga dalam proses penyeleksian ini, kepala Negara dan pejabat lainnya harus mengetahui tentang standar kelayakan  al-quwwah (kekuatan) dan al-amanah (kepercayaan).Al-Quwwah ialah kemampuan dan kelayakan suatu tugas jabatan. Sedangkan amanah, merupakan perilaku yang dititik beratkan pada proses  pengelolaan perihal jabatan atau fungsi dari suatu jabatan yang sesuai dengan syariat islam dengan niat hanya bertaqwa kepada Allah dan bukan berdasar pada ketakutan kepada manusia dan mengharap pamrih dari mereka.Didalam pelaksanaan kampanye, pasangan calon kandidat yang mencalonkan diri diharuskan untuk menyampaikan visi dan misi serta program kenegaraan yang akan dijalankan. Dalam hal ini, umat atau khalayak masyarakat sangat perlu untuk memperoleh informasi atas pasangan calon kandidat yang mencalonkan diri tersebut, dan kampanyelah yang dapat dijadikan sebagai sarana berkomunikasi politik dan pendidikan masyarakat. Para pemimpin, abdi Negara, pegawai sipil atau militer, hakim dan lain sebagainya, pada hakikatnya merupakan representasi suara rakyat yang mereka pimpin. Para pemimpin tidaklah lebih dari pelayan masyarakat yang harus mengabdikan dan mendedikasikan kepemimpinannya untuk kemaslahatan rakyat. Para pemimpin hanyalah wakil akan pemenuh hak hak umat, sehingga mereka wajib menjalankan roda pemerintahan dengan baik.


2022 ◽  
Vol 3 (1) ◽  
pp. 35-45
Author(s):  
I Nyoman Budiana

Article 28E paragraph (1) of the 1945 Constitution states "Every person shall be free to choose and to practice the religion of his/her choice, to choose one’s education, to choose one’s employment, to choose one’s citizenship, and to choose one’s place of residence within the state territory, to leave it and to subsequently return to it.” In paragraph (2), everyone has the right to the freedom to believe in his/her beliefs, to express his/her views and thoughts, according to his/her conscience. The constitutional guarantees for believers can also be seen in Article 29 of the 1945 Constitution stating that the state shall be based upon the One and Only God and the State guarantees all persons the freedom of worship, each according to his/her own religion or belief. The Constitutional Court affirms that the right to adhere to a religion or belief in God Almighty is a citizen's constitutional right, not a gift from the state. Therefore, the state is obliged to protect and guarantee the fulfillment of the rights of it’s the citizens to embrace a belief other than the six religions developed in Indonesia. However, in practice the dissolution of beliefs is actually carried out by community organizations. In this study, two things will be discussed namely: 1) What is the legal position of adherents of belief in the national legal system? 2) Do community organizations have the authority to dissolve religious beliefs? This research is normative juridical research, in which the problems in this research are analyzed qualitatively.


KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 585
Author(s):  
Luiz Henrique Urquhart Cademartori ◽  
Noel Antônio Baratieri

As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação Resumo: O artigo aborda os limites e as possibilidades de alteração de normas constitucionais que garantem vinculação orçamentária para funções típicas do Estado tais como a Educação Pública. O problema é saber se uma emenda constitucional supressiva da referida garantia orçamentária seria constitucional ou não. A hipótese que se suscita neste estudo procura delinear em que medida seria inconstitucional tal adoção, posto que estaria restringindo, indiretamente, um direito fundamental, no caso o direito à educação, mas, ao mesmo tempo, esta simples constatação encontraria entraves sob a ótica de uma democracia intergeracional. Considera-se, de uma parte, o direito à educação é protegido, originariamente, no âmbito constitucional brasileiro como cláusula pétrea, mas, de outra, gerações futuras ou problemas conjunturais governamentais posteriores à 1988 podem questionar a legitimidade de normas fundamentais originadas em contexto sociopolítico anterior. Para o desenvolvimento deste trabalho, primeiramente analisam-se as cláusulas pétreas e os limites ao poder reformador. A seguir, estudam-se as referidas cláusulas e a sua evolução constitucional. Posteriormente, faz-se uma análise da constitucionalidade de eventual emenda que suprima a vinculação obrigatória de receitas para a educação sob o prisma da proibição de retrocesso. Palavras chave: Cláusulas pétreas. Constituição. Educação. Retrocesso. Receitas públicas. Safeguard clauses: the possibility of constitutional reviewing the bonded educational income Abstract: The article deals with the limits and possibilities of altering constitutional norms that guarantee budgetary linkage to functions typical of the State as a Public Education. The problem is whether a constitutional amendment suppressing the standard budget guarantee would be constitutional or not. The hypothesis that arises in this study looks for what is necessary, is not a fundamental right, is not a case, but the same, this is a finding found obstacles from the point of view of an intergenerational democracy. It is considered, on the one hand, that the right to education is protected, originally, it is not very Brazilian constitutional as a stony clause, but, on the other hand, future generations or post-1988 governmental conjunctural problems may question the legitimacy of fundamental norms originated in context previous sociopolitical. For the development of this work, firstly they are analyzed like stone clauses and the limits to the reformer power. Next, they are studied as clauses of clauses and their constitutional evolution. Subsequently, an analysis is made of the constitutionality of any amendment that abolishes the mandatory binding of transfer to the critic of a prison of prohibition of retrocession. Keywords: Constitution. Education. Public income. Regression. Safeguard clauses.


Author(s):  
Ivan V. Parkhomenko ◽  
◽  
Daria V. Parkhomenko ◽  

In practice, in the courts, the question often arises about the need for a geodetic expert evidence in relation to buildings, unauthorized reconstruction of which was carried out in the contour of separate premises. On the one hand, the legislation indicates the need for such expert evidence, and on the other hand, the right holders of such a premises are perplexed why they should investigate the entire capital facilities if they have changed the parameters of only one premise. The article explains why such expert evidence is necessary. The unauthorized reconstruction in the contour of an individual residential building, as a result of which new rights objects are formed (residential or apartment buildings), also deserves special attention. This exceptional case is described in the article. In addition, the article describes technical aspects of the state cadastral registration of reconstructed buildings in the contour of individual rooms, and proposes a classification of reconstruction for these purposes. The authors propose a distinction between the cadastral registration of the formed and the changed object, the state cadastral registration of which is carried out as a result of reconstruction. Also, the article presents the author's algorithm for conducting geodetic expert evidence in relation to unauthorized reconstruction of a building, the room in which changed the outline of the building itself.


2021 ◽  
Vol 74 (11) ◽  
pp. 3009-3015
Author(s):  
Oksana M. Ponomarenko ◽  
Yuriy A. Ponomarenko ◽  
Kateryna Yu. Ponomarenko

The aim: The purpose of this article is to analyze the state policy of several states in creating an effective mechanism in which persons entering into marriage will be able to obtain the necessary information about the state of each other’s health and thereby make an informed decision about registering a marriage, protecting the health of each other and future offspring. Materials and methods: In the course of the study, a comparative analysis of the legal means used by some states in the field of biological protection of marriage was carried out. First of all, a study was carried out of the family legislation of states with different approaches to the system of premarital medical examination of persons entering into marriage. In addition, the scientific works of scientists from different countries were used, the object of study of which was the problems associated with the biological protection of marriage. The work also used the results of surveys that were conducted in some countries and highlighted in published scientific works. Conclusions: Health information is essential when deciding whether to marry. Hiding such information can seriously harm the partner’s health and children born in such a union. The task of the state is to find a middle ground, in which the balance of interests of the person, whose medical examination revealed health problems (the right to medical secrecy), on the one hand, and the person with whom it is planned to register a marriage (the right to health protection; the right on the voluntariness of marriage).At the same time, the emphasis in state policy on the biological protection of the family should be placed on preventive measures, including non-legal means of information.


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