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  1. 1

    [Toward a new international penal law: some general reflections at the end of the century] Vers un nouveau droit international pénal: quelques réflexions générales à la fin du siècle.

    Aznar Gomez MJ

    In: La protection des droits de l'Homme entre la législation interne et le droit international. Actes du colloque organisé par le Centre de Recherches sur la Coopération Internationale pour le Développement de la Faculté de Droit de Marrakech avec le concours de la Fondation Hanns-Seidel, les 21 et 22 janvier 2000. Rabat, Morocco, Revue Marocaine d'Administration Locale et de Developpement, 2001. 33-56. (Thèmes Actuels No. 26)

    In classic international law, since the individual is separated from the international sphere by the legal fiction of the State, while international law at the dawn of the twenty-first century no longer governs only co-existence among States or the pursuit of their common goals, but also collective interests proper to the international community as a whole, the protection of human rights today is no longer part of the domain reserved to States. At the present time, we find that the individual is the subject of rights and the State is the subject of new duty, namely the respect of human rights. It is possible to identify, through the practice of diplomacy and international jurisprudence, a few general rules, divided into those relating to substance and those relating to procedure. Among the rules relating to substance, it is possible to identify the principles of sovereignty and cooperation, the elementary rules of humaneness and the rule of individual criminal liability. In the area of international sanction mechanisms in international law, the first image we see is that of the courts of Nuremberg and Tokyo. The classic approach to the sanctioning of individuals has really changed only since the end of the 1980's. These sanctions had long been in the hands of the State. In all cases, at least on the normative level, they left in their hands the obligation to obey and to enforce international criminal law, which at the present time is conveyed, among other ways, through the action of international tribunals, bilateral cooperation through international criminal judiciary assistance and multilateral cooperation. Several humanitarian tragedies, such as those in the former Yugoslavia, Iraq and Rwanda, have called into question the effectiveness of these new enforcement and sanction procedures; however the participation of public opinion and non-governmental organizations (NGO's), the political and judicial action of the United Nations have reinforced it.
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  2. 2

    Towards sustainable peace in Sierra Leone.

    Funke N; Solomon H

    Pretoria, South Africa, Africa Insitute of South Africa, Peace and Governance Programme, 2002. vi, 14 p. (Africa Institute Occasional Paper No. 68; Peace and Governance Programme No. 4)

    If lasting peace is to be sustained, it is important that preventive diplomacy be effectively applied in future, something which has thus far not always been managed successfully. The mistakes that have been made in the past can serve as a guideline to formulate a series of recommendations for the future. First, it is essential to define the concept preventive diplomacy. The next step is to describe the dimensions of the conflict in Sierra Leone. Bilateral negotiations between parties, appeals by international actors and the threat or use of force in the maintenance and restoration of regional balances of power are selected as a few key preventive tools for analysis. Finally, recommendations are made in this volume about how preventive diplomacy should be applied in future to prevent the country's fragile peace from falling apart yet again. (excerpt)
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  3. 3

    Impacts of modernisation and urbanisation in Bangkok: an integrative ecological and biosocial study.

    Poungsomlee A; Ross H

    Nakhon Pathom, Thailand, Mahidol University, Institute for Population and Social Research [IPSR], 1992 Aug. [3], vi, 71 p.

    The findings in this impact report are preliminary. The research aim is to assess comprehensively the ecological and social impacts of modernization and urbanization in Bangkok, Thailand. Specific aims include 1) studying the human urban population and the biophysical environment through use of an integrative ecological and biosocial methodology (Boyden et al.); 2) examining the changing interrelationships between the biophysical environment, human population, societal activities, and societal arrangements; 3) developing an integrated and comprehensive framework; and 4) exploring social processes that lead to quality of life improvements. Data collection occurred during 1989-90. This first exploratory report provides a literature review and preliminary findings from the analysis of focus groups and other statistical background data in selected communities. Focus group discussions were conducted in Phaya Thai, Bangkok Noi, and Taling Chan districts from the inner, middle, and outer zones, respectively. The seven communities represented middle class groups, slum groups, an old housing group, a canal community of agriculturalists, and an agriculture-based community. Background descriptions are provided of the early settlement of Bangkok, the modernization process, the Bangkok economy, land use changes (changes from agriculture to human settlement, high-rise buildings, slums), environmental conditions (transportation, air pollution and noise, water quality, and solid waste and toxic substance disposal), and health and crime conditions. Community views are reported for transportation, pollution, land use, and social and economic problems. The combination of environmental and economic conditions is viewed by the public as impacting on housing, lifestyles, stresses, the means of adaptation, and health. The analysis revealed that environmental problems/solutions usually reflected the views of elites and inner city residents. Public participation in urban solutions is viewed as hampered by societal hierarchies, patronage, and the Buddhist-influenced relaxed acceptance. Economic conditions appeared to determine both the capacity of people to solve problems as well as to adapt to change. The Thai sense of fun and the Thai capacity for creativity and regeneration were successfully tapped in the family planning model and some other past programs.
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  4. 4

    A critical analysis of the law on AIDS in India.

    Padmavati A


    Though global focus upon AIDS has centered largely upon the United States and countries in Africa, the growing number of AIDS cases and HIV-infected persons in India should not be ignored. The number of reported HIV+ cases have increased from zero in September, 1989, to 910 by June, 1990. Reports have come from 4 cities, and from the northeastern states of Manipur and Nagaland. India's policymakers and legislative bodies have not, however, responded in the most constructive manner to the introduction of HIV and AIDS in the country. This commentary describes existing and proposed laws regarding the handling of persons with AIDS and those exposed to HIV, and critiques them as being unfair, unjust, and unreasonable. 1st, the Goa Public Health Act of 1987, was amended to require authorities to isolate anyone found HIV+. This Act violates Articles 19.1.d and 21. Next, AIDS prevention Bill 1989, has been proposed which would mandate every medical practitioner to inform local health authorities about the presence of an AIDS patient, and allow health authorities to forcibly question, test, and isolate an HIV-infected person in a hospital. No confidentiality provision is included to protect an individual's serological status from public disclosure. Yet another Bill introduced in Maharashtra Legislative Council by the former Public Health Minister would allow the arrest of persons with AIDS for subsequent detention in segregation camps. These bills violate human rights, and will only drive AIDS underground. The efforts of a group of activists working against this legislation in Delhi are described. They have suggested and demanded the establishment of an unit to receive and act upon discrimination complaints from AIDS victims, in addition to the release of all HIV+ persons detained in prisons, hospitals, and vigilance homes.
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  5. 5

    Women and AIDS. What shall we do with these Uruguayan girls?


    A dilemma exists over who should care for, and where to place 4 delinquent female runaways with AIDS. These girls have also engaged in prostitution, crime, and are addicted to drugs, thus prompting society to view them more as dangerous adults than aberrant adolescents. While they are presently in the hands of the National Institute for Minors (Iname), organizations in Uruguay are ill-equipped to face such challenges presently by these and other HIV+\AIDS adolescents. Discussion of the issue and society's views is suggested. The views of a few civil servants from Iname are briefly presented in the text. They generally disagree with incarceration of such youths, and recommend there placement in a semi-open environment supported by specially trained doctors, psychologists, psychiatrists, and nurses. Ideally, a home-like setting is preferred where these young women and others in similar situations may undergo treatment while carrying on with their lives.
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  6. 6

    The pregnant adolescent: problems of premature parenthood.

    Bolton FG Jr

    Beverly Hills, California, Sage Publications, 1980. 246 p. (Sage Library of Social Research Vol. 100)

    This book's objective is to describe the circumstances surrounding adolescent pregnancy, demonstrate the need for social support, and describe how these supports might be offered. It contains 2 basic thrusts. The early chapters describe the adolescent pregnancy problem and the parallels between the development of the adolescent pregnancy and the potential child maltreater. What follows from this description is the author's sense of methods which will help to reduce the risks generated by participation in either, or both, of these environments. The information presented in this volume suggests that the time for joint study of child maltreatment and adolescent pregnancy has arrived. The demand for correlational study of these 2 social situations is viable for 4 interrelated reasons: both child maltreatment and adolescent pregnancy are social phenomena which demonstrate a dramatic increase in reported incidence in the past 25 years; both child maltreaters and adolescents who have experienced pregnancy appear to share multiple demographic or situational variables, i.e., minority overrepresentation, low income, low education, and high unemployment; the development of the maltreating event and the adolescent pregnancy reveal an unusual similarity, and the intergenerational aspects of both problems could well be strongly related to the snowball effect that these problems have on each other; and if the problems of child maltreatment and adolescent pregnancy are found to be symbiotic in their support of each other, rather than independent responses to a uniform social context, the direction of prevention efforts in these 2 areas could produce beneficial reductions in the rates of both problems. The best hope for the provision of prevention services in adolescent pregnancy rests within an alteration in public fears and misconceptions related to welfare dependency, contraceptive use, sexual education and information, and possibly even a general view of the adolescent in society. There is no question that contraceptive programming for the adolescent can serve as a vital preventive measure. The cornerstone of this service returns the perspective to education. Preventive services must include education for contraception, education for appropriate decision making, and education for survival of a parent and child. The community-based multidisciplinary system for the adolescent pregnancy or parent has been demonstrated to be the most effective model for programming today. It is also the most difficult program to find or or develop. Services to adolescents must begin as soon as community standards will permit them to be initiated to prevent the occurrence of the problem. Only when a collage of services in the prevention, treatment, and rehabilitation realms is available for the individual adolescent can it be said that a meaningful program exists.
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