Made available in DSpace on 2016-04-26T20:26:04Z (GMT). No. of bitstreams: 1 Mariana Uyeda Ogawa.pdf: 401628 bytes, checksum: fcd1d9018861e84fe62a022e70833ac1 (MD5) Previous issue date: 2007-10-26 / Copyright field of Intellectual Property - protects literary and artistic works. The copyright law has the purpose to protect intellectual creation expressed by any means or medium of expression. The protection includes only the form of expression of ideas, not the ideas themselves. Authorship has certain specific rights moral and economic rights. Moral rights - right of paternity and right of integrity, for example - allow the author to preserve the personal link between himself and his work. They remain with the author even after he has transferred his economic rights or the work has fallen into the public domain. Economic rights permit the author gain financial reward from the use of his works by others. Authorship has many forms of exploitation of his work like to authorize reproduction, distribution and public performance. Economic rights are not to be perpetual as moral rights. They are temporary considering the social function of the copyright and of the public interest in to develop the cultural heritage. In this work we intend to analyze the situations in whic after a certain perior of time and accomplishment of the legal conditions the intellectual work is transferred from the author to the public domain and consequently may be freely used by any interested party / O direito de autor - ramo da Propriedade Intelectual protege a obra artística ou literária. Visa proteger a criação intelectual exteriorizada por qualquer meio ou suporte. A proteção é concedida somente para a forma de expressão da idéia e não propriamente as idéias em si. O autor possui específicos direitos: direitos morais e patrimoniais. Os direitos morais direito à paternidade e o direito de integridade, por exemplo permite ao autor preservar a sua ligação pessoal com a sua obra. Esses direitos permanecem com o autor até mesmo após a transferência dos direitos patrimoniais ou da obra ter caído em domínio público. Os direitos patrimoniais permitem ao autor obter uma retribuição financeira pelo uso da sua obra. O autor tem várias formas de explorar a sua obra como autorizar a sua reprodução, distribuição e representação pública. Esses direitos são temporários em decorrência da função social do direito de autor e do interesse publico em promover o patrimônio cultural. No presente trabalho procuramos analisar as situações em que após o transcurso do prazo e das condições legais a obra intelectual passa do âmbito exclusivo do autor para o domínio público, podendo ser livremente utilizada por qualquer interessado

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The human rights of women in The Middle East and North Africa (MENA) have been a subject of unresolved debate among sociologists, economists, and political scientists alike, as this region’s gender related human rights performance remains uniquely weaker compared to other geographic regions in the world. Most notably, the human rights of women in the region have been lagging in the area of family law. The following paper assesses gender inequity in the MENA region from a legal perspective, with a focus on family law and legal pluralism, and with the intent to shed light on domestic legal institutions as means of influencing the economic and political status of women both in the Middle East and globally.

<p>The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and redefined approaches to issues of disability. Fundamentally, the CRPD embodies a paradigm shift in thinking about disability. It embraces the social model of disability, in terms of which disability is a function of the interaction between a person with impairment and his or her environment as opposed to an inherent limitation of functioning. The social model is, in turn, anchored in a human rights approach to disability. No doubt, the adoption of the CRPD triggered immense optimism for the realization of the rights of persons with disabilities. One of the rights recognised under the CRPD is the right to education. Article 24(1) of the CRPD recognises the right of persons with disabilities to education and sets out the aims of such education. Article 24(2) sets out a number of principles to guide the implementation of the right. These include: non-exclusion from the general education system including non-exclusion of children with disabilities from free and compulsory primary education / access to inclusive quality and free primary education on an equal basis with other children in the communities in which children with disabilities live / reasonable accommodation of a student&rsquo / s needs / provision of support necessary to facilitate effective education / and provision of individualised support measures in environments that maximise academic and social development of the students with disabilities. It is generally accepted that the right to education is one of the most essential rights, particularly in light of its empowerment function that helps to facilitate the exercise of other rights. The primary level of education has particularly attained global recognition and priority in resource allocation and implementation. Primary education contributes significantly to the maximum development of the full human potential of children. There are therefore differentiated obligations for the right to primary education in international human rights. Nevertheless, there are still significant barriers to access to primary education, particularly in the African region. While children with disabilities have been excluded from education for a long time the world over, their exclusion in the African context is particularly endemic. The core purpose of this thesis is to determine how article 24(2) of the CRPD affects or is likely to affect primary education of children with disabilities, particularly in the context of developing countries. The focus of the enquiry is mainly the law and policy in this regard. The subject spans three main spheres of rights: children&rsquo / s rights, socioeconomic rights (particularly the right to education), and finally disability rights. Children&rsquo / s rights, especially since the adoption of the Convention on the Rights of the Child (CRC), are generally accepted. The right to education also has a long standing history, and whereas debate regarding the appropriate approaches to its implementation still abides, there is apparent normative and jurisprudential consensus on some aspects thereof, particularly at the primary education level. It is essential to determine the relational framework of these spheres with the disability rights established under the CRPD. The thesis finds that the CRPD does in fact redefine the parameters of the right to education as previously understood in international human rights instruments. Particularly, the expanded aims of education under article 24 call for education systems that recognise non-academic learning, such as the development of the talents or creativity of the learner. This provision is particularly significant to the child with disabilities. Also, while not establishing an entirely new right, the principles under article 24(2) establish actionable sub-entitlements that enhance the justiciability right to education for children with disabilities. However, it is apparent from the comparative studies that it is the implementation of these provisions that presents the greatest challenge for the realisation of primary education for children with disabilities. This suggests that whereas norm creation as under the CRPD may have the value of triggering and sustaining discourse on appropriate responses in the context of the education of children with disabilities, it is the translation of these norms into practical action points that is the determining factor for realization of the right.</p>

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No description available.

<p>The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and redefined approaches to issues of disability. Fundamentally, the CRPD embodies a paradigm shift in thinking about disability. It embraces the social model of disability, in terms of which disability is a function of the interaction between a person with impairment and his or her environment as opposed to an inherent limitation of functioning. The social model is, in turn, anchored in a human rights approach to disability. No doubt, the adoption of the CRPD triggered immense optimism for the realization of the rights of persons with disabilities. One of the rights recognised under the CRPD is the right to education. Article 24(1) of the CRPD recognises the right of persons with disabilities to education and sets out the aims of such education. Article 24(2) sets out a number of principles to guide the implementation of the right. These include: non-exclusion from the general education system including non-exclusion of children with disabilities from free and compulsory primary education / access to inclusive quality and free primary education on an equal basis with other children in the communities in which children with disabilities live / reasonable accommodation of a student&rsquo / s needs / provision of support necessary to facilitate effective education / and provision of individualised support measures in environments that maximise academic and social development of the students with disabilities. It is generally accepted that the right to education is one of the most essential rights, particularly in light of its empowerment function that helps to facilitate the exercise of other rights. The primary level of education has particularly attained global recognition and priority in resource allocation and implementation. Primary education contributes significantly to the maximum development of the full human potential of children. There are therefore differentiated obligations for the right to primary education in international human rights. Nevertheless, there are still significant barriers to access to primary education, particularly in the African region. While children with disabilities have been excluded from education for a long time the world over, their exclusion in the African context is particularly endemic. The core purpose of this thesis is to determine how article 24(2) of the CRPD affects or is likely to affect primary education of children with disabilities, particularly in the context of developing countries. The focus of the enquiry is mainly the law and policy in this regard. The subject spans three main spheres of rights: children&rsquo / s rights, socioeconomic rights (particularly the right to education), and finally disability rights. Children&rsquo / s rights, especially since the adoption of the Convention on the Rights of the Child (CRC), are generally accepted. The right to education also has a long standing history, and whereas debate regarding the appropriate approaches to its implementation still abides, there is apparent normative and jurisprudential consensus on some aspects thereof, particularly at the primary education level. It is essential to determine the relational framework of these spheres with the disability rights established under the CRPD. The thesis finds that the CRPD does in fact redefine the parameters of the right to education as previously understood in international human rights instruments. Particularly, the expanded aims of education under article 24 call for education systems that recognise non-academic learning, such as the development of the talents or creativity of the learner. This provision is particularly significant to the child with disabilities. Also, while not establishing an entirely new right, the principles under article 24(2) establish actionable sub-entitlements that enhance the justiciability right to education for children with disabilities. However, it is apparent from the comparative studies that it is the implementation of these provisions that presents the greatest challenge for the realisation of primary education for children with disabilities. This suggests that whereas norm creation as under the CRPD may have the value of triggering and sustaining discourse on appropriate responses in the context of the education of children with disabilities, it is the translation of these norms into practical action points that is the determining factor for realization of the right.</p>

This article deals with Cultural, Social and Economic Rights established in the Constitution and in Constitutional Case Law. So, after explaining its nature, state’s role according preservation and enforceability,relationship with other fundamental rights, among other key points, it isi ntended to answer, dealing with those rights, which of two scenarios have prevailed: internationalization of constitutional law or constitutionalization of international law. / El presente artículo versa sobre la presencia de los derechos económicos sociales y culturales (DESC) en la Constitución y en la jurisprudencia constitucional. Así, tras abordar su naturaleza, el rol estatal respecto de su preservación, su exigibilidad y su relación con otros derechos fundamentales, entre otros importantes aspectos, intenta responder si en el tratamiento de los DESC en nuestro país se ha producido una internacionalización del derecho constitucional o más bien una constitucionalización del derecho internacional.