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Harmful traditional practices, (male circumcision and virginity testing of girls) and the legal rights of children.Le Roux, Lucinda January 2006 (has links)
<p>In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids as well as teenage pregnancy and the detection of children who are sexually abused by adults, amongst others. In South Africa most black males undergo an initiation when they are approximately 16 years old to mark the transition from boyhood to manhood. Male circumcision is also performed as a religious practice amongst the Jews and Muslims.</p>
<p>A number of human rights groups in South Africa, including the Commission on Gender Equality (CGE) as well as the South African Human Rights Commission (SAHRC) has called for a total ban on the practice of virginity testing on the basis that it discriminates against girls, as the practice is carried out predominantly amongst teenage girls. The CGE and SAHRC are particularly concerned about the potential for human rights violations of virginity testing.</p>
<p>The problem with traditional male circumcisions in South Africa is the number of fatalities resulting from botched circumcisions and the spreading of sexually transmitted diseases through unhygienic procedures and unqualified surgeons. Also of concern are other hardships often accompanied by traditional circumcisions such as starvation, frostbite, gangrene and infection amongst other health related injuries. Thus, according to human rights activists, when carried out in these circumstances, traditional male circumcisions have the potential to violate a number of rights aimed at protecting boys including the right to physical integrity and life, in cases of the death of an initiate.</p>
<p>South Africa has also ratified a number of international treaties aimed at protecting children against harmful cultural practices such as the United Nations Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As such it has been argued by rights groups that virginity testing as well as male circumcisions carried out in the conditions set out above have the potential to violate a number of provisions contained in international instruments aimed at protecting the dignity of children.</p>
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A Comparative Study of School District Expenditures in Texas Since the Enactment of Senate Bill 7Odle, B. Neal (Barry Neal) 12 1900 (has links)
The purposes of this study were to: (a) determine the effects of Senate Bill 7 on expenditures in Texas school districts, (b) compare similarities and differences in expenditures among property-poor, medium-wealth, and wealthy-districts, (c) analyze spending patterns in light of equalization efforts, and (d) provide useful data to researchers in the area of equalization and adequacy.
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A Cost-Benefit Analysis of the Implementation of Texas House Bill 72 in Selected Texas Public School DistrictsBradford, Ronald W. (Ronald Wayne) 05 1900 (has links)
This study was conducted to analyze the effect of implementation of Texas House Bill 72 on budgets of selected Texas public school districts and to ascertain educational benefits to students derived from implementation of the bill as perceived by superintendents. Questionnaires were sent to superintendents of the Region 10 Education Service Center to determine perceived educational benefits to students. A demographic data sheet provided information for classifying respondents by educational experience, superintendent experience, and district enrollment classifications. Sixty-two districts responded. Official public school budget data for each district were analyzed for fiscal years 1983 through 1986 as were data from the questionnaire. Overall statistical information was gleaned through CONDESCRIPTIVE. Mean total expenditures, mean total tax rate, and state fiscal aid data were compiled, tabulated, and reported for each enrollment classification and entire sample. In addition, a t-test between the difference of two independent means at a probability level of .05 was applied. The two independent means were the averages of data for the two years prior to and after implementation of the law for expenditures, tax rates, and state fiscal contributions. Data comparing local and state expenditures were compiled, tabulated, and reported for each group to compare local and state fiscal effort prior to and after implementation. One-way analysis of variance was used to compare demographic variables with perceived educational benefits. Item and factor analyses were applied to establish reliability.
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Irish Members of Parliament and the Home-Rule Bill of 1912Burke, Kenneth Alton 12 1900 (has links)
This thesis examines speeches made by Irish members of the British House of Commons concerning the Government of Ireland Bill (1912). The most significant source use was the Parliamentary Debates of the House of Commons, 1912 to 1914. The organization of the Irish political parties is outlined in Chapter One. The next two chapters deal with their view of Irish history during the eighteenth and nineteenth centuries. The fourth chapter focuses upon the bill in committee, and the fifth chapter examines the more general debate on the bill. The conclusions of the final chapter suggest that advocates of the bill were motivated by Irish nationalism, while opponents were motivated by economic ties to Great Britain.
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Provádění staveb a jejich změn / Construction of buildings and their alterationsDvořák, Stanislav January 2012 (has links)
I have chosen this topic, because I am interested in building and related issues. Another reason for the selection of the work is that the construction industry is very promising, dynamic and lucrative field. The thesis is devided into five chapters with appendix. The work begins with a historical introduction to construction law and its major developmental milestones in the Czech Republic. The sources of public constructional law are discussed in detail in the following passage of the first chapter. Basic terms of construction law, relevant to the processing of the dissertation are defined in chapter 2. The issue of public administration that is related to the construction is described in chapter 3. Realization modes are described in chapter 4. First is called "free" mode, which is used in case of less technologically challenging projects and a minimum of intervening in the public and private interests (chapter 4.1). Second is the reporting regime and institute planning information given in section 4.2. And third, I consider the most important an authorization regime. In the authorization regime are carried out all constructions, if is not established that the reporting regime is sufficient or "free". To alternatives of authorization regime are dedicated separate subchapters. Public contracts (4....
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The realities of royalties in South African Mineral and Petroleum Royalty BillMachaba, Thabiso Jacob 04 November 2008 (has links)
Everything about the Republic of South Africa is said to be entering exciting times and
facing new challenges. This is usually said within the context and against the backdrop
of a changing face of South African political and economic landscapes from the past
history of exclusion, deprivation, segregation and prejudice to the future of inclusion,
tolerance, equal distribution and social harmony. The economic equal distributive idea is
likened to the socio-democratic ideals of social justice, which advocates equal
distribution of wealth to all citizens of the country. The South African idea is that South
Africans are now in the new social era and the social transformation, on all fronts and
most particularly the economic front, must move with the times and reflect the times that
all its citizens find themselves in.
On the political front, the year 1994 ushered in a new face of South Africa with the first
democratic elections which, for the first time in hundreds of years, saw the inclusion and
participation of the African majority of its citizens. These changes were soon entrenched
by the adoption of the new South African Constitution, which espouses noble ideas of
respect, equality, tolerance, economic development, distribution and access to country's
wealth in a fair and equitable manner.
The Constitution forces its citizens and the government to seek to redress the past
imbalances particularly in the economic front and proactively take measures to see to
this equilibrium of South Africa's wealth. Legislature, various political fronts and various
economic fronts rallied around these principles and began talking the concept of Broad-
Based Black Economic Empowerment. This concept has one central theme, which is to
advance the economic participation of the previously (and in many respects the current)
disadvantaged individuals into the mainstream economic activities of the country. It
further aims to fast track their access to economic wealth and sharing of the fruit of
common market and to seek to even out the economic disparities in many sectors of the
society. As to how this empowerment process is being implemented and achieved, this
paper will not even begin to traverse the diverse proposals and ideas of its
implementation and realisations.
Various economic sectors produced sector-specific economic empowerment charters in
an attempt to lay the road maps on how to achieve this equilibrium of wealth distribution
into the African hands. Virtually all-economic sectors are being active in that front
including the mining sector. The Mineral and Petroleum Charter was among the first
industry-specific charter to be produced after much publicised debates as to the best
frame within which to approach and implement this concept.
After that charter has been adopted and its implementation being realised, the South
African government seeks now to introduces the Mineral and Petroleum Royalty Bill,
which aims to collect monies from the mining houses that conduct mining activities in
many areas. The move has caused many heated debates within the industry with the
government forging ahead with its proposal subject to various consultative processes,
while the business is also forging ahead with its attempts to halt this move right in its
drafting stages.
The purpose of this essay will be to look at the concept of the royalties, what they are,
why is the South African government keen to introduce this Bill, why is business against
them, why do we have them over and beyond the normal mining tax systems and the
requirements of Black Economic Empowerment programs. In doing so, the article will
also shed some light on their (royalties) nature and make necessary proposals in the
process which, it is hoped, would in the main assist government and the Department of
Minerals and Energy (DME) to implement, modify and manage royalty regime(s) in the
mining and the petroleum industries.
The essay will, to the extent that it can, rely on case law but the topic is mostly
theoretical in South Africa and very few case law authority exist to clarify and provide
thoroughly researched and considered legal analysis of the topic. The theoretical
research of this article will take the reader to various countries that are in more or less
the same boat as South Africa in terms of their relative reliance and dependence on
mining industry and mining products for economic survival and activities. Similarities also
extend to the relative sizes of these countries, similar perceptions of economic
participation or lack thereof by mining houses vis-à-vis paying taxes that are congruent
with their incomes, non-existing developmental corporate social responsibilities, no or
less royalty payments and generally prevailing negative social-environmental impact of
mines and mining houses on immediate communities within which they function and
carry on their businesses.
It is the writer's opinion that the political backgrounds of these countries, as compared
with South Africa, also have huge impact and influence on how the concept of royalties
can be understood locally. A comparative analysis of their modus operandi will be
undertaken to see if the legislative attempts by South Africa is in or out of order in
seeking to introduce royalties and whether its reasons are in or out of tune with sound
local or international economic principles. Immediate economic concerns surrounding
royalties are that royalties have the potential to attract or dismiss much needed
investments, be it direct or indirect investment. Their effect on shareholders’ dividends,
growing local mining costs/ business and their general impact on financial upkeep of
mining operations in South Africa will also be researched in this essay.
The essay will therefore assume this outline of topics, definition and origin of the
concept; international comparative analysis; the South African past mining regimes visà-
vis royalties; the current South African Royalty Bill; critics of the South African royalty
Bill; the defenders of the Bill; some proposals; way forward; and conclusion.
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Fundo de garantia das execuções trabalhistas / Guarantee fund for labor enforcement proceedingsCosta, Carolina Popoff Ferreira da 16 December 2011 (has links)
O presente trabalho estuda a proposta de criação de um Fundo de Garantia das Execuções Trabalhistas no Brasil. Partindo de considerações acerca da efetividade processual e da crise da execução trabalhista, estudamos os Projetos de Lei regulamentadora do artigo 3º da Emenda Constitucional n. 45 de 2004. Para tanto, analisamos as instituições de garantia de créditos trabalhistas no Direito Internacional e no Direito Comunitário (União Europeia), sobretudo o Fondo de Garantía Salarial, instituição de garantia de créditos trabalhistas existente na Espanha que inspirou a disposição constitucional derivada. A seguir, foram analisados o Projeto de Lei n. 4.597-A, de 2004, o Projeto de Lei n. 6.541, de 2006, e o Projeto de Lei do Senado n. 246, de 2005. Finalmente, foram feitas considerações sobre a regulamentação do Fundo de Garantia das Execuções Trabalhistas no Brasil. / This dissertation studies the proposal to establish a Guarantee Fund for Labor Enforcement Proceedings in Brazil. Based on considerations about the effectiveness of proceedings and the labor enforcement proceedings crisis, we studied the bill drafts to regulate the Article 3 of the Constitutional Amendment 45/2004. To this end, we analyze the labor credit guarantee institutions in International Law and in Community Law (EU), especially the Fondo de Garantía Salarial, a labor credit guarantee institution existing in Spain that inspired the Constitutional Amendment. Next, we analyzed the Bill Draft 4.597-A/2004, the Bill Draft 6.541/2006, and the Senate Bill Draft 246/2005. Finally, we present our considerations on the regulation of the Guarantee Fund for Labor Enforcement Proceedings.
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Língua viva, letra morta: obrigatoriedade e ensino de espanhol no arquivo jurídico e legislativo brasileiro / Língua viva, letra morta. Obrigatoriedade e ensino de espanhol no arquivo jurídico e legislativo brasileiroFernanda dos Santos Castelano Rodrigues 31 May 2010 (has links)
Este trabalho analisa a memória discursiva sobre o ensino de línguas estrangeiras em contexto escolar no arquivo jurídico e legislativo brasileiro, com ênfase na língua espanhola. Das duas partes que compõem esta tese, a primeira compreende a análise de documentos do arquivo jurídico brasileiro, produzidos entre 1757 e 1996, sobre a questão do ensino de línguas; tais documentos entram em relação com a Lei No. 11.161/2005, que prevê a oferta orbigatória do espanhol nas escolas de Ensino Médio a partir de 2010, também objeto de análise dessa Parte I. Já a segunda parte mobiliza documentos do arquivo legislativo por meio da análise de proposições e justificações de quatro Projetos de Lei (PL\'s) - de 1958, 1987, 1993 e 2000 - apresentados ao Congresso Nacional com o objetivo de incluir o espanhol como disciplina obrigatória no sistema educacional brasileiro; em tal análise, detectam-se aspectos das condições de produção desses PL\'s mediante a observação dos processos de determinação dos territórios objetos da integração que neles se enunciam e da projeção da imagem de isolamento do território nacional no contexto sul-americano. / This study, composed of two parts, analyses the discursive memory about foreign languages teaching in school context in the Brazilian juridical and legislative archive, with an emphasis on the Spanish language. The first part of the thesis comprehends the analysis of documents of the Brazilian juridical archive, produced between 1757 and 1996, about languages teaching; these documents are concerned with the Law 11.161/2005, which sets the obligatory offer of the Spanish language to high school students, and which is also an object of analysis in this first part of the study. The second part of the thesis deals with documents of the legislative archive through the analysis of the proposições and justificações of four Bills of 1958, 1987, 1993 and 2000 presented to the National Congress with the purpose of including the Spanish language as an obligatory discipline in the Brazilian Educational System; results of this analysis point to the detection of aspects of the conditions of production of these Bills by the observation of the processes of determination of the territories that were objects of the integration which is stated in them and of the projection of isolation of the national territory in the South American context.
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Língua viva, letra morta: obrigatoriedade e ensino de espanhol no arquivo jurídico e legislativo brasileiro / Língua viva, letra morta. Obrigatoriedade e ensino de espanhol no arquivo jurídico e legislativo brasileiroRodrigues, Fernanda dos Santos Castelano 31 May 2010 (has links)
Este trabalho analisa a memória discursiva sobre o ensino de línguas estrangeiras em contexto escolar no arquivo jurídico e legislativo brasileiro, com ênfase na língua espanhola. Das duas partes que compõem esta tese, a primeira compreende a análise de documentos do arquivo jurídico brasileiro, produzidos entre 1757 e 1996, sobre a questão do ensino de línguas; tais documentos entram em relação com a Lei No. 11.161/2005, que prevê a oferta orbigatória do espanhol nas escolas de Ensino Médio a partir de 2010, também objeto de análise dessa Parte I. Já a segunda parte mobiliza documentos do arquivo legislativo por meio da análise de proposições e justificações de quatro Projetos de Lei (PL\'s) - de 1958, 1987, 1993 e 2000 - apresentados ao Congresso Nacional com o objetivo de incluir o espanhol como disciplina obrigatória no sistema educacional brasileiro; em tal análise, detectam-se aspectos das condições de produção desses PL\'s mediante a observação dos processos de determinação dos territórios objetos da integração que neles se enunciam e da projeção da imagem de isolamento do território nacional no contexto sul-americano. / This study, composed of two parts, analyses the discursive memory about foreign languages teaching in school context in the Brazilian juridical and legislative archive, with an emphasis on the Spanish language. The first part of the thesis comprehends the analysis of documents of the Brazilian juridical archive, produced between 1757 and 1996, about languages teaching; these documents are concerned with the Law 11.161/2005, which sets the obligatory offer of the Spanish language to high school students, and which is also an object of analysis in this first part of the study. The second part of the thesis deals with documents of the legislative archive through the analysis of the proposições and justificações of four Bills of 1958, 1987, 1993 and 2000 presented to the National Congress with the purpose of including the Spanish language as an obligatory discipline in the Brazilian Educational System; results of this analysis point to the detection of aspects of the conditions of production of these Bills by the observation of the processes of determination of the territories that were objects of the integration which is stated in them and of the projection of isolation of the national territory in the South American context.
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PELO DIREITO E ORGULHO DE SER HETEROSSEXUAL NO TERCEIRO DOMINGO DE DEZEMBRO: OS DISCURSOS DE CARLOS APOLINÁRIO E EDUARDO CUNHA NOS PLs 294/2005 E 1672/2011Lau, Héliton Diego 28 April 2016 (has links)
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Previous issue date: 2016-04-28 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The studies and discussions about the community of asexual, lesbian, gay, bisexual, transvestites, transgender, queer, intersex and more – ALGBTQI+ – raise questions about the cis-heteronormativy position of/in the society, bringing discussions about the history of the (a)sexualities and identities of gender, aiming to (de)construct the imposed binarism. Through these (de)constructions, conservative sectors of the Brazilian society launch bills in order to (protect) the heteronormativity. The corpus of this paper is based on two bills. The bill 294/2005, authored by alderman Carlos Apolinário, and the bill 1672/2011, authored by congressman Eduardo Cunha. They both justify them by establishing the third Sunday of December as the “Heterosexual Pride Day”. When analyzing the discourse in both justifications, it is possible to notice how the homosexual and heterosexual identities are built in the citizenship dimension. This paper makes, through a discursive bias, a historical course of the (homo)sexualities in some periods and historical civilizations, such as: China, Egypt, Greece, Rome, Middle Ages, Modern and Post-modern Ages, as well as in the scientific and social spheres. The theoretical base of this paper is based in authors that discuss the French line of the Speech Analysis, as Courtine (2014), Charaudeau & Maingueneau (2008), Pêcheux (1993, 1995, 1999, 2006, 2012), and authors that discuss this philosophical-linguistic chain in Brazil, highlighted: Brandão (1998, 2004, 2013), Mariani (1988, 1996, 1998), Orlandi (1984, 1993, 1994, 1996a, 1996b, 1999, 2012), among others. The subject identity discussion is proposed, based on Bauman (2005), S. Hall (2000, 2006), T. Silva (2000), Woodward (2000), among others, along with the discursive bias in order to discuss the issue of the Other. The methodology used in this paper is based on the evidential paradigm of Ginzburg (1989), the qualitative research, even using quantitative data in some moments of the research, in the light of the Speech Analysis, according to Ferreira (2000). / Os estudos e discussões acerca da comunidade de assexuais, lésbicas, gays, bissexuais, travestis, transgêneros, transexuais, queer, intersexo e mais – ALGBTQI+ – levantam questionamentos a respeito do posicionamento cis-heteronormativo da/na sociedade, trazendo discussões a respeito da história das (a)sexualidades e identidades de gêneros a fim de (des)construir o binarismo imposto. Como resposta a essas (des)construções, setores conservadores da sociedade brasileira lançam projetos de lei a fim de “proteger” a heteronormatividade. O corpus deste trabalho é composto por duas justificativas de dois projetos de lei. O projeto de lei 294/2005, de autoria do vereador Carlos Apolinário, e o projeto de lei 1672/2011, do deputado federal Eduardo Cunha. O objetivo de ambos é estabelecer o terceiro domingo de dezembro como o “Dia do Orgulho Heterossexual”. Ao se analisar as sequências discursivas das justificativas de cada projeto de lei, observa-se como são construídas, através das formações discursivas, as identidades homossexuais e heterossexuais na dimensão da cidadania. Neste trabalho, é feito um percurso histórico acerca da(s) (homo)sexualidade(s) em alguns períodos e civilizações históricas, tais como: China, Egito, Grécia, Roma, Idade Média, Idade Moderna e Pós-Moderna, bem como nas esferas científicas e sociais. Para a sustentação teórica deste trabalho, mobilizaram-se autories que discutem a análise do discurso de linha francesa, como Courtine (2014), Charaudeau & Maingueneau (2008), Pêcheux (1993, 1995, 1999, 2006, 2012) e autories que discutem essa corrente filosófico-linguística no Brasil, em maior destaque: Brandão (1998, 2004, 2013), Mariani (1988, 1996, 1998), Orlandi (1984, 1993, 1994, 1996a, 1996b, 1999, 2012), entre outres. A discussão sobre a identidade do sujeito é sustentada em Bauman (2005), S. Hall (2000, 2006), T. Silva (2000), Woodward (2000), entre outres, em diálogo com o viés discursivo, a fim de situar a questão du Outre. A metodologia utilizada neste trabalho é a qualitativa, baseada no paradigma indiciário de Ginzburg (1989).
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