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Articoli di riviste sul tema "Sex discrimination in criminal justice administration"

Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 30 luglio 2024

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1

Gupta, Vanita. "Keynote Remarks." Michigan Journal of Race & Law, no. 21.2 (2016): 187. http://dx.doi.org/10.36643/mjrl.21.2.keynote.

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In communities across America today, from Ferguson, Missouri, to Flint, Michigan, too many people—especially young people and people of color—live trapped by the weight of poverty and injustice. They suffer the disparate impact of policies driven by, at best, benign neglect, and at worst, deliberate indifference. And they see how discrimination stacks the deck against them. So today, as we discuss the inequality that pervades our criminal justice system—a defining civil rights challenge of the 21st century—we must also acknowledge the broader inequalities we face in other segments of society.

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Victoria, Ong Argo, M. Aji Luhur Pambudi, and Ratna K. Dewi. "THE RECONSTRUCTION OF INDONESIAN SHIPPING LAW IN THE SEA TRANSPORTATION SYSTEM FOR A SUCCESSFUL SEA TOLL PROGRAM AND IMPROVEMENT OF SHIPPING ADMINISTRATION." International Journal of Law Reconstruction 6, no. 2 (September 11, 2022): 156. http://dx.doi.org/10.26532/ijlr.v6i2.23837.

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Indonesia uses Pancasila Democracy as the main foundation as well as a source of law in the nation and state (staatfundamentalnorm). One of the sounds of the 5th principle of Pancasila is, "Social Justice for All Indonesian People" which means fair to fellow human beings, fair to oneself and fair to God (Pancasila Justice Value). The purpose of this justice in particular must cover the growing system of exploitation of authority and ambiguity in the shipping world from the strong to the weak and must also narrow the socio-economic gap in the lives of seafarers, so that prosperity is achieved t

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Chien, Colleen. "America's Paper Prisons: The Second Chance Gap." Michigan Law Review, no. 119.3 (2020): 519. http://dx.doi.org/10.36644/mlr.119.3.america.

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Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and appro

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4

Moore, Clive, and Bryan Jamison. "Queensland's Criminal Justice System and Homosexuality, 1860–1954." Queensland Review 14, no. 2 (July 2007): 3–12. http://dx.doi.org/10.1017/s1321816600006589.

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Contemporary Queensland has a flourishing GLBTIQ (gay, lesbian, bisexual, transgender, intersex and queer) scene which, although still suffering from discrimination in a society that is premised around a heterosexual norm, is a far cry from the years before 1990 when male homosexuality was a criminal offence. The queer generation has largely moved beyond binaries in gender and sexuality, and at dance parties there is a blending of cultures that knows few of the old boundaries. These new freedoms to express sexuality mean that relationships develop more easily with less fear of opprobrium. Clas

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Pereira, Sandra Patrícia Marques, and Pedro Miguel Alves Ribeiro Correia. "The Sustainability of the Portuguese Prison System: A Criminal Justice System in Masculine Form?" Social Sciences 10, no. 1 (January 14, 2021): 19. http://dx.doi.org/10.3390/socsci10010019.

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Society has undergone an entire evolution in the field of criminal penalties, as people want to avoid, or ideally to extinguish, crime and consequent victimization. However, the human nature would hardly allow such utopian society to prevail. Hence, as individuals, we do have codes and bylaws that govern our society. The number of male prisoners is considerably higher in comparison to female prisoners. The aim of the present research is to analyze the sex inequality in the Portuguese criminal justice system, as well as to discuss the following questions: (i) Are men suffering from unjustifiabl

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6

Walliss, John. "Administration of Justice in Victorian Cheshire, 1840-1890: A Quantitative Survey." Transactions of the Historic Society of Lancashire and Cheshire 171, no. 1 (January 1, 2022): 23–45. http://dx.doi.org/10.3828/transactions.171.5.

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This article presents a quantitative survey of the administration of justice in Cheshire between 1840 and 1890. Drawing on a sample of 33,000 cases from assizes and quarter sessions across the county, it explores broad patterns in committals, prosecutions, and sentencing over the fifty-year period. To this end, the article is structured to follow defendants’ route through the criminal justice process; from committal through prosecution to sentencing. The final section of the article thereafter explores the differing patterns of each as it pertained to the sex of the accused.

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Nguyen, Duc. "The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice." Bergen Journal of Criminal Law & Criminal Justice 4, no. 2 (January 9, 2017): 267. http://dx.doi.org/10.15845/bjclcj.v4i2.1074.

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The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam.Keywords

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8

Nicević, Muamer, and Samra Dečković. "Hate crime in the criminal legislation of North Macedonia." Bezbednost, Beograd 66, no. 1 (2024): 115–33. http://dx.doi.org/10.5937/bezbednost2401115n.

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Stereotypes and prejudices about certain groups in society lead to prejudice-motivated violence, hate speech, and discrimination. To punish crimes that occur because the victim belongs to a certain ethnic group, because of one's sex, gender, disability, religion, sexual orientation or some other protected characteristic that a person enjoys, the law is used today. For this reason, the authors analyze the criminal legal provisions that regulate the institute of hate crimes in North Macedonia, as well as the practice of the police and criminal justice authorities when it comes to recording these

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Konečná, Irena Ferčíková. "Excluded but Fighting: Where Are the Voices of Sex Workers and Their Allies in EU Anti-Trafficking Policymaking?" Social Sciences 13, no. 3 (March 5, 2024): 148. http://dx.doi.org/10.3390/socsci13030148.

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The ‘end demand’ approach to prostitution has been popping up in Europe through the anti-trafficking debate and receives increasing attention on the international agenda. It is well recognized that improving workers’ rights, increasing unionization and collective bargaining coverage are effective strategies for tackling trafficking. However, with regard to sexual exploitation, focus is not on these strategies but instead on the abolition of the entire sex industry with the help of criminal justice systems. In first decade after the Palermo Protocol (2000), international organizations (IGOs) pr

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10

ALMQVIST, JESSICA. "A Human Rights Appraisal of the Limits to Judicial Independence for International Criminal Justice." Leiden Journal of International Law 28, no. 1 (January 27, 2015): 91–112. http://dx.doi.org/10.1017/s0922156514000557.

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AbstractThe UN Security Council's involvement in the area of international criminal justice raises concerns about judicial independence. Of primary concern in this study is the degree to which this political organ has come to determine and restrict jurisdiction of international criminal tribunals, with the effect of excluding cases involving alleged grave crimes by actors whose presence in situations of which the Council is seized is supported by its permanent members. This control, it will be argued, undermines the basic conditions for a sound administration of justice, as it impedes these tr

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Friandy, Bob. "ANKSI KEBIRI KIMIA BSAGI PELAKU KEJAHATAN SEKSUAL TERHADAP ANAK." Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 2, no. II (February 12, 2018): 69–86. http://dx.doi.org/10.32505/legalite.v2iii.354.

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Sexual crime case against childrenâ€™s in Indonesia are increasing rapidly from time to time. The more tragic fact is that most of the suspect origins from their own kin or around the neighborhood, such as family, school officer, and their playmates sphere. According to Indonesian Child Protection Commision (KPAI), there are 2,275 cases occurred on 2011, 887 amongs them are sexual crime case with violent against children. The protection law towards children vastly consist of criminal law aspect, legal law aspect, material-formal law aspect, state administration law aspect, and of course, the l

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12

Barbash, Daria. "Stereotype as an Obstruction to Justice and Its Influence on a Judge While Consideration of a Criminal Proceeding." Theory and Practice of Forensic Science and Criminalistics 32, no. 3 (September 29, 2023): 132–47. http://dx.doi.org/10.32353/khrife.3.2023.08.

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Consideration by a judge of criminal cases is closely related to the formation of internal conviction, which, in turn, is influenced by numerous factors, including internal psychological ones. One of them is the phenomenon of stereotyping, inherent to every person as a component of human social nature. The Article Purpose is to analyze the phenomenon of stereotype, its historical development, and study into the influence of the stereotyping process on the judge while consideration of criminal cases. To fulfil the specified goal, a systematic approach was chosen out of general scientific and sp

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Hartmann, Kathrin, and Georg Wenzelburger. "Uncertainty, risk and the use of algorithms in policy decisions: a case study on criminal justice in the USA." Policy Sciences 54, no. 2 (January 29, 2021): 269–87. http://dx.doi.org/10.1007/s11077-020-09414-y.

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AbstractAlgorithms are increasingly used in different domains of public policy. They help humans to profile unemployed, support administrations to detect tax fraud and give recidivism risk scores that judges or criminal justice managers take into account when they make bail decisions. In recent years, critics have increasingly pointed to ethical challenges of these tools and emphasized problems of discrimination, opaqueness or accountability, and computer scientists have proposed technical solutions to these issues. In contrast to these important debates, the literature on how these tools are

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Woodall, Denise. "Interrupting Constructions of a Criminalized Other through a Revised Criminal Activities Checklist Classroom Exercise." Teaching Sociology 45, no. 2 (October 12, 2016): 161–67. http://dx.doi.org/10.1177/0092055x16673137.

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A self-report questionnaire about past criminal behavior is presented here as a useful pedagogical tool to demonstrate the invalidity of crime rates, challenge stereotypes about criminals, exemplify policy problems, and personalize the ways in which race, gender, and class operate to disadvantage and advantage people in the administration of justice. Philip Reichel’s 1975 criminal activities checklist exercise, first published in Teaching Sociology, is updated pursuant to the Georgia 2016 criminal code. Additions include new laws around technology use (i.e., sexting, privacy, and piracy laws),

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Smirnov, Alexander, and Andrey Santashov. "Extrajudicial Forms of Protecting Rights and Freedoms of a Person in the Field of Criminal Law Relations: Conceptual Aspects and Improvement of State Response." Russian Journal of Criminology 15, no. 2 (April 30, 2021): 210–19. http://dx.doi.org/10.17150/2500-4255.2021.15(2).210-219.

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The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecut

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Vasilyev, Pavel. "Sex and Drugs and Revolutionary Justice: Negotiating 'Female Criminality' in the Early Soviet Courtroom." Journal of Social Policy Studies 16, no. 2 (July 3, 2018): 341–54. http://dx.doi.org/10.17323/727-0634-2018-16-2-341-354.

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Pavel A. Vasilyev – kandidat nauk (PhD) in Russian History, Postdoctoral Fellow, Polonsky Academy for Advanced Study in the Humanities and Social Sciences, Van Leer Jerusalem Institute, Israel. Email: pavelv@vanleer.org.il This article builds on previous research on early Soviet female criminality, in particular the studies by Sharon A. Kowalsky and Dan Healey, that have demonstrated how Soviet courts and criminologists explained and handled crimes committed by females, revealing, in the process, profound ambiguities and contradictions in their attitudes towards women. However, unlike Ko

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Fuley, Tatiana. "Gender component in the initial judicial training curriculum." Slovo of the National School of Judges of Ukraine, no. 3(36) (November 17, 2021): 41–57. http://dx.doi.org/10.37566/2707-6849-2021-3(36)-4.

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The Strategy for the Development of Judicial Education in Ukraine for 2021–2025 considers regular update of the judicial education content based on the competence approach, judges' experience and individual needs, level and court specialization. The Strategy also considers enhancing values and social context while developing and delivering trainings. Among strategic aims of judicial education development is initial judicial training reform that requires, inter alia, curriculum updating. The article presents the research results on mainstreaming of gender component in the initial judicial train

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18

Hogg, Russell. "‘Only a pawn in their game’: crime, risk and politics in the case of Robert Fardon." International Journal for Crime, Justice and Social Democracy 3, no. 3 (December 1, 2014): 55–72. http://dx.doi.org/10.5204/ijcjsd.v3i3.152.

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In 2003 Robert Fardon was the first prisoner to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the first of the new generation preventive detention laws enacted in Australia and directed at keeping sex offenders in prison or under supervision beyond the expiry of their sentences where a court decides, on the basis of psychiatric assessments, that unconditional release would create an unacceptable risk to the community. A careful examination of Fardon’s case shows the extent to which the administration of the regime was from the outset governed by politics and poli

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Singh, C. "Algorithmic Decision Making: Can Artificial Intelligence and the Metaverse Provide Technological Solutions to Modernise the United Kingdom’s Legal Services and Criminal Justice?" Frontiers in Law 3 (May 15, 2024): 28–39. http://dx.doi.org/10.6000/2817-2302.2024.03.05.

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Artificial intelligence (AI), machine learning (ML) and deep learning (DL) have had a profound impact on various sectors including Banking (Fin Tech), Health (HealthTech) and Charitable Fundraising (Charity Tech). The ‘natural’ ability of an AI system to independently perform and, often, outthink its human-counter parts by developing ‘intelligence’(simulating human intelligence) through its own experiences and processing deep layers of information i.e., complex representations of data, and learn has resulted in astounding improvements in the completion of tasks that are complex and technical,

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Soroka, Svitlana. "Criminal liability for domestic violence." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 39 (August 23, 2023): 227–32. http://dx.doi.org/10.23939/law2023.39.227.

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The peculiarities of criminal liability for domestic violence are considered. It was noted that in many countries, for a long time, violence in the family was not considered a crime, but was considered a form of appropriate behavior. In the 90s of the last century, views regarding the phenomenon of violence against women, which was recognized as a socio-gender problem, changed radically, during which a new vision of it was opened in terms of gender law. Therefore, the issue of gender balance and combating discrimination based on sex has gained wide popularity in all developed countries of the

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Ahearne, Gemma, and Robert Freudenthal. "The health/power/criminality-nexus in the state of exception." Journal of Contemporary Crime, Harm, and Ethics 1, no. 1 (October 3, 2021): 108–15. http://dx.doi.org/10.19164/jcche.v1i1.1159.

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The positioning of the ‘other’ as a dangerous vector of disease is a long-standing trope. This has existed both in racial terms, such as the 1905 Aliens Act, and for others positioned as on the outliers of society, such as sex workers, under the Contagious Diseases Acts 1864, 1866, 1869 (Hamilton, 1978). The public health system has long been used as a system of control, alongside its self-described role as existing for the betterment of population health. Similarly, other aspects of our health system have long functioned both as a foundational part of the welfare state, and as key perpetrator

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BROWNE, KATH, LEELA BAKSHI, and JASON LIM. "‘It's Something You Just Have to Ignore’: Understanding and Addressing Contemporary Lesbian, Gay, Bisexual and Trans Safety Beyond Hate Crime Paradigms." Journal of Social Policy 40, no. 4 (May 19, 2011): 739–56. http://dx.doi.org/10.1017/s0047279411000250.

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AbstractIn common with the experiences of many other groups – and despite changing legal landscapes and increasing recognition within social policy of different groups’ needs – LGBT (lesbian, gay, bisexual and trans) people continue to face discrimination and abuse, and improving safety continues to be a key touchstone for policy makers and practitioners engaging with LGBT lives. Based on evidence from Count Me In Too, an LGBT participatory research project in Brighton & Hove, UK, the paper challenges approaches to dealing with LGBT safety that narrowly focus on reporting within a hate cri

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Anizan, Sebastien, and Marilyn A. Huestis. "The Potential Role of Oral Fluid in Antidoping Testing." Clinical Chemistry 60, no. 2 (February 1, 2014): 307–22. http://dx.doi.org/10.1373/clinchem.2013.209676.

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Abstract BACKGROUND Currently, urine and blood are the only matrices authorized for antidoping testing by the World Anti-Doping Agency (WADA). Although the usefulness of urine and blood is proven, issues remain for monitoring some drug classes and for drugs prohibited only in competition. The alternative matrix oral fluid (OF) may offer solutions to some of these issues. OF collection is easy, noninvasive, and sex neutral and is directly observed, limiting potential adulteration, a major problem for urine testing. OF is used to monitor drug intake in workplace, clinical toxicology, criminal ju

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Ukic, Nihad. "CONDUCTING AN INVESTIGATION IN RELATION TO THE CRIMINAL OFFENSE OF ABUSE AND TORTURE - STANDARDS OF EFFECTIVE INVESTIGATION IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS." SCIENCE International Journal 3, no. 2 (May 27, 2024): 27–32. http://dx.doi.org/10.35120/sciencej0302027u.

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In order for the procedure body (public prosecutor, court or other state body before which the procedure is conducted) to be able to effectively examine serious and specific allegations of abuse and torture, the basic and first prerequisite is an effective criminal procedure law, based on the provisions of which to clarify all the circumstances under which an individual’s human dignity was violated, great pain or severe suffering was inflicted with the aim of obtaining a confession, statement or other information from him or a third party or to intimidate or illegally punish him or a third par

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O'Flaherty, Brendan, Rajiv Sethi, and Morgan Williams. "The nature, detection, and avoidance of harmful discrimination in criminal justice." Journal of Policy Analysis and Management, September 4, 2023. http://dx.doi.org/10.1002/pam.22527.

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AbstractWe provide a selective survey of the literature on discrimination by criminal justice agents, and argue for a taxonomy of harms that differs from conventional approaches. Discrimination can be self‐defeating if it reduces welfare among targets of discrimination while serving no legitimate purpose for the discriminating party. Even if a legitimate purpose is served, discrimination can be deliberative or demeaning, resulting in welfare losses that need to be accounted for. Deliberative and demeaning discrimination can also be self‐defeating through general equilibrium effects on witness

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Hibbard, Patrick F., Lisa Blomgren Amsler, and Michael Scott Jackman. "Representative Bureaucracy and Organizational Justice in Mediation." Journal of Public Administration Research and Theory, October 29, 2021. http://dx.doi.org/10.1093/jopart/muab044.

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Abstract Studies of representative bureaucracy (RB) argue public organizations reflective of the public they serve exhibit better outcomes, especially when serving underrepresented groups. RB theory attributes improved outcomes either to the actions representative bureaucrats take (active representation), or a greater perception of trust and legitimacy toward them by service recipients (symbolic representation), largely treating active and symbolic representation as separate phenomena. We explore the intricate relationship between bureaucracies and the populations they serve by observing the c

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NGUYEN THI MY LINH, DUONG VAN KHANH, PHAM THI TUYET GIANG. "HOMOSEXUAL RIGHTS AND SAME-SEX MARRIAGE IN VIETNAM." Russian Law Journal 11, no. 3 (April 7, 2023). http://dx.doi.org/10.52783/rlj.v11i3.1053.

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Homosexuals in Vietnam face many prejudices, stigmas, and discrimination from family, society, friends, and from people in the same community as in some other countries in the world. Assessed objectively and comprehensively, the issue of homosexual rights appeared quite late in the Vietnamese legal system (only the right to determine gender has been recognized since 2005). Over the past five years, the legal system has been amended and supplemented with a number of positive and developed provisions on the rights of these subjects (marriage and family, civil, criminal justice, etc.). However, i

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Wahyuningsih, Sri Endah, Subaidah Ratna Juita, Anis Masdurohatun, and Muchamad Iksan. "Criminal Responsibility System Against Online Criminal Acts of Prostitution in Indonesia." International Journal of Social Science and Human Research 06, no. 03 (March 3, 2023). http://dx.doi.org/10.47191/ijsshr/v6-i3-06.

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The criminal responsibility system for the crime of prostitution in Indonesia is partial and discriminatory. There is no guarantee of legal certainty and a legal vacuum for Commercial Sex Workers and their service users. This study aims to analyze and find the criminal responsibility system for prostitution according to positive criminal law in Indonesia and the weaknesses of the criminal responsibility system for prostitution based on the value of Pancasila justice. The paradigm in this research is post-positivism, which aims to produce new thoughts, understandings or ideas and theories in In

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Huang, Shiming, Michele Peterson-Badali, Eunice Eunhee Jang, and Tracey A. Skilling. "IRT-Based Differential Item Functioning Analysis of the Youth Level of Service/Case Management Inventory Across Indigenous and Non-Indigenous Youth." Criminal Justice and Behavior, November 2, 2020, 009385482096887. http://dx.doi.org/10.1177/0093854820968877.

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Even though risk assessments are routinely conducted in the criminal justice system to inform sentencing and case management, their cross-cultural applicability remains contested. This study investigated the generalizability of the Youth Level of Service/Case Management Inventory (YLS/CMI), a widely implemented youth forensic risk assessment instrument, using an Item Response Theory framework, in a sample of Indigenous ( n = 205) and non-Indigenous ( n = 193) youth. Differential item functioning analyses demonstrated similar discrimination across groups. However, despite similar latent risk le

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Melin, Pauline, and Susanne Sivonen. "Overview of Recent Cases Before the Court of Justice of the European Union (March –September 2022)." European Journal of Social Security, December 18, 2022, 138826272211395. http://dx.doi.org/10.1177/13882627221139501.

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In this case note, nine judgments of the Court will be discussed. The first two judgments discussed concern the principle of equal treatment in relation to family benefits ( S v Familienkasse and Commission v Austria). Additionally, both the first and third judgments reported relate to the interpretation of the Citizenship Directive (Directive 2004/38) ( S v Familienkasse and VI). The other judgments on social security deal with the calculation of old-age pension ( CC) and the legislation applicable for flight and cabin crew ( INAIL and INPS) under Regulation 883/2004. The four remaining judgm

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Lantz, Brendan, Marin R. Wenger, and Chloe J. Craig. "What If They Were White? The Differential Arrest Consequences of Victim Characteristics for Black and White Co-offenders." Social Problems, September 8, 2021. http://dx.doi.org/10.1093/socpro/spab043.

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Abstract A substantial body of research focuses on racial disparity in the criminal justice system, with mixed results due to difficulty in disentangling differential offending from racial bias. Additionally, some research has demonstrated that victim characteristics can exacerbate racial disparity in outcomes for offenders, but little research has focused on the arrest stage. We use a quasi-experimental approach that examines incidents involving co-offending pairs to isolate the influence of offender race on arrest, beyond any characteristics of the incident itself, and we test for moderating

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Philbin, Morgan M., Timothy W. Menza, Sara H. Legrand, Kathryn E. Muessig, and Lisa Hightow-Weidman. "Structural-level racial-, sexual orientation-, and HIV-related discrimination and subsequent criminal justice involvement among young, Black, men who have sex with men in North Carolina." Stigma and Health, January 21, 2021. http://dx.doi.org/10.1037/sah0000290.

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Hernandez, George, Valeria Sandena, Sotonye Douglas, Amy Miyako Williams, and Anna-Leila Williams. "Partnership with a Theater Company to Amplify Voices of Underrepresented-in-Medicine Students." Voices in Bioethics 7 (August 24, 2021). http://dx.doi.org/10.52214/vib.v7i.8590.

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Photo by Sam McGhee on Unsplash ABSTRACT Medical education has a long history of discriminatory practices. Because of the hierarchy inherent in medical education, underrepresented-in-medicine (URiM) students are particularly vulnerable to discrimination and often feel they have limited recourse to respond without repercussions. URiM student leaders at a USA medical school needed their peers, faculty, and administration to know the institutional racism and other forms of discrimination they regularly experienced. The students wanted to share first-person narratives of their experiences; however

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Monereo Pérez, José Luis. "Vulneración del derecho a la no discriminación por razón de sexo y principio de interpretación jurídica conforme a la eficacia de la tutela antidiscriminatoria: salarios de tramitación y despido nulo por embarazo." Revista de Jurisprudencia Laboral, May 16, 2024. http://dx.doi.org/10.55104/rjl_00531.

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STC (Sala Primera) Nº. 22/2024, de 12 de febrero. Recurso de amparo núm. 5319/2022. Ponente: Excmo. Sr. D. Ricardo Enríquez Sancho. Recurso promovido por Dña. Natalia Rodríguez Aguilera respecto de la resolución dictada por la Dirección General de Relaciones con la Administración de Justicia y las sentencias de la Sala de lo Social del Tribunal Superior de Justicia de Cataluña y un juzgado de este mismo orden jurisdiccional de Barcelona, que desestimaron su solicitud de reconocimiento de salarios de tramitación. Vulneración del derecho a no padecer discriminación por razón de sexo: denegación

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Melin, Pauline, and Susanne Sivonennn. "Overview of recent cases before the Court of Justice of the European Union (January-march 2022)." European Journal of Social Security, April 25, 2022, 138826272210940. http://dx.doi.org/10.1177/13882627221094059.

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In Bezirkshauptmannschaft Hartberg-Fürstenfeld (C-205/20) , the Court of Justice was asked to clarify whether a provision under Directive 2014/67 on the proportionality of penalties in the context of posting of workers has direct effect. In CJ v TGSS (C-389/20), the Spanish social security legislation excluding domestic workers from unemployment benefits was under scrutiny in light of the principle of non-discrimination on grounds of sex enshrined in Directive 79/7. In HR Rail (C-485/20), the Court of Justice interpreted the obligation for employers to provide for ‘reasonable accommodation’ fo

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36

Melin, Pauline, and Susanne Sivonennn. "Overview of recent cases before the Court of Justice of the European Union (January-march 2022)." European Journal of Social Security, April 25, 2022, 138826272210940. http://dx.doi.org/10.1177/13882627221094059.

Testo completo

Abstract (sommario):

In Bezirkshauptmannschaft Hartberg-Fürstenfeld (C-205/20) , the Court of Justice was asked to clarify whether a provision under Directive 2014/67 on the proportionality of penalties in the context of posting of workers has direct effect. In CJ v TGSS (C-389/20), the Spanish social security legislation excluding domestic workers from unemployment benefits was under scrutiny in light of the principle of non-discrimination on grounds of sex enshrined in Directive 79/7. In HR Rail (C-485/20), the Court of Justice interpreted the obligation for employers to provide for ‘reasonable accommodation’ fo

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37

Melin, Pauline, and Susanne Sivonennn. "Overview of recent cases before the Court of Justice of the European Union (January-march 2022)." European Journal of Social Security, April 25, 2022, 138826272210940. http://dx.doi.org/10.1177/13882627221094059.

Testo completo

Abstract (sommario):

In Bezirkshauptmannschaft Hartberg-Fürstenfeld (C-205/20) , the Court of Justice was asked to clarify whether a provision under Directive 2014/67 on the proportionality of penalties in the context of posting of workers has direct effect. In CJ v TGSS (C-389/20), the Spanish social security legislation excluding domestic workers from unemployment benefits was under scrutiny in light of the principle of non-discrimination on grounds of sex enshrined in Directive 79/7. In HR Rail (C-485/20), the Court of Justice interpreted the obligation for employers to provide for ‘reasonable accommodation’ fo

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38

Al-Badayneh, Diab M., Anis Ben Brik, and Amr Elwakad. "A partial empirical test of the general strain theory on cyberbullying victimization among expatriate students." Journal of Criminological Research, Policy and Practice, November 21, 2023. http://dx.doi.org/10.1108/jcrpp-03-2023-0013.

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Purpose This study aims to examine social determinants and social strains of cyberbullying victimization among expatriate populations in high-income countries such as Qatar. The authors argue that expatriate students will be exposed to stains and pressures due to several factors, such as feeling alienated, lonely, homesick, insecure and helpless. This study examines a partial assumption of general strain theory (GST), which posits that expats’ cyberbullying victimization can create negative stimuli that lead to negative feelings and, as a result, to delinquent behavior. The delinquent behavior

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Milton, James, and Theresa Petray. "The Two Subalterns: Perceived Status and Violent Punitiveness." M/C Journal 23, no. 2 (May 13, 2020). http://dx.doi.org/10.5204/mcj.1622.

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From the mid-twentieth century, state and public conceptions of deviance and crime control have turned increasingly punitive (Hallett 115; Hutchinson 138). In a Western context, criminal justice has long been retributive, prioritising punishment over rehabilitation (Wenzel et al. 26). Within that context, there has been an increase in punitiveness—understood here as a measure of a punishment’s severity—the intention of which has been to help restore the moral imbalance created by offending while also deterring future crime (Wenzel et al. 26). Entangled with the global spread of neoliberal capi

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Neyra, Oskar. "Reproductive Ethics and Family." Voices in Bioethics 7 (July 13, 2021). http://dx.doi.org/10.52214/vib.v7i.8559.

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Photo by Christian Bowen on Unsplash ABSTRACT Assisted Reproductive Technology can be a beneficial tool for couples unable to reproduce independently; however, it has historically discriminated against the LGBTQ+ community members. Given the evolution and acceptance of LGBTQ rights in recent years, discrimination and barriers to access reproductive technology and health care should be readdressed as they still exist within this community. INTRODUCTION In recent years, the LGBTQ+ community has made great strides toward attaining equal rights. This fight dates back to 1970 when Michael Baker and

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Dufresne, Lachelle. "Pregnant Prisoners in Shackles." Voices in Bioethics 9 (June 24, 2023). http://dx.doi.org/10.52214/vib.v9i.11638.

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Photo by niu niu on Unsplash ABSTRACT Shackling prisoners has been implemented as standard procedure when transporting prisoners in labor and during childbirth. This procedure ensures the protection of both the public and healthcare workers. However, the act of shackling pregnant prisoners violates the principles of ethics that physicians are supposed to uphold. This paper will explore how shackling pregnant prisoners violates the principle of justice and beneficence, making the practice unethical. INTRODUCTION Some states allow shackling of incarcerated pregnant women during transport and whi

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Nolan, Huw, Jenny Wise, and Lesley McLean. "The Clothes Maketh the Cult." M/C Journal 26, no. 1 (March 15, 2023). http://dx.doi.org/10.5204/mcj.2971.

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Introduction Many people interpret the word ‘cult’ through specific connotations, including, but not limited to, a community of like-minded people on the edge of civilization, often led by a charismatic leader, with beliefs that are ‘other’ to societal ‘norms’. Cults are often perceived as deviant, regularly incorporating elements of crime, especially physical and sexual violence. The adoption by some cults of a special uniform or dress code has been readily picked up by popular culture and has become a key ‘defining’ characteristic of the nature of a cult. In this article, we use the semiotic

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Arnold, Bruce, and Margalit Levin. "Ambient Anomie in the Virtualised Landscape? Autonomy, Surveillance and Flows in the 2020 Streetscape." M/C Journal 13, no. 2 (May 3, 2010). http://dx.doi.org/10.5204/mcj.221.

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Our thesis is that the city’s ambience is now an unstable dialectic in which we are watchers and watched, mirrored and refracted in a landscape of iPhone auteurs, eTags, CCTV and sousveillance. Embrace ambience! Invoking Benjamin’s spirit, this article does not seek to limit understanding through restriction to a particular theme or theoretical construct (Buck-Morss 253). Instead, it offers snapshots of interactions at the dawn of the postmodern city. That bricolage also engages how people appropriate, manipulate, disrupt and divert urban spaces and strategies of power in their everyday life.

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Franks, Rachel. "A True Crime Tale: Re-imagining Governor Arthur’s Proclamation to the Aborigines." M/C Journal 18, no. 6 (March 7, 2016). http://dx.doi.org/10.5204/mcj.1036.

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Special Care Notice This paper discusses trauma and violence inflicted upon the Indigenous peoples of Tasmania through the process of colonisation. Content within this paper may be distressing to some readers. Introduction The decimation of the First Peoples of Van Diemen’s Land (now Tasmania) was systematic and swift. First Contact was an emotionally, intellectually, physically, and spiritually confronting series of encounters for the Indigenous inhabitants. There were, according to some early records, a few examples of peaceful interactions (Morris 84). Yet, the inevitable competition over r

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Brennan, Joseph. "Slash Manips: Remixing Popular Media with Gay Pornography." M/C Journal 16, no. 4 (August 11, 2013). http://dx.doi.org/10.5204/mcj.677.

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A slash manip is a photo remix that montages visual signs from popular media with those from gay pornography, creating a new cultural artefact. Slash (see Russ) is a fannish practice that homoeroticises the bonds between male media characters and personalities—female pairings are categorised separately as ‘femslash’. Slash has been defined almost exclusively as a female practice. While fandom is indeed “women-centred” (Bury 2), such definitions have a tendency to exclude male contributions. Remix has been well acknowledged in discussions on slash, most notably video remix in relation to slash

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